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H.R.4080

International Affairs

China COVID-19 Restitution Act This bill requires the President to impose duties on goods and components manufactured in China and to use the collected funds to provide compensation and reimbursement for losses related to COVID-19. From this bill's enactment until December 31, 2021, the President must impose a 10% ad valorem duty on any good manufactured in China and any component manufactured in China and incorporated in a good imported from any country. This duty shall increase by an additional 10% each calendar year after 2021. The amounts from this duty shall go into a trust fund, which shall also include any amounts provided by China's government to provide compensation and reimbursement related to COVID-19. Using the amounts in the trust fund, the Department of Justice shall establish and administer a program to provide compensation and reimbursement for economic and financial losses related to COVID-19, including for assistance made available by the federal government.

To impose additional duties on imports of goods from the People's Republic of China until China provides full compensation and reimbursement relating to the COVID-19 pandemic to the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``China COVID-19 Restitution Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) In April 2012, six miners assigned to clear bat guano from the Mojiang coal mine in Mojiang, Yunnan, China fell ill and 3 of them died. A team of scientists from the Wuhan Institute of Virology were called in to take samples of bats and found multiple new coronaviruses. (2) Scientists at the Wuhan Institute of Virology did not announce the existence of the new coronaviruses nor their connections to the coal mine and the miners that became ill until 2021. (3) Dr. Shi Zhengli, lead scientist at Wuhan Institute of Virology, described experiments to World Health Organization (WHO) scientists that could be described as gain of function research. These experiments included manipulating certain spike proteins from coronaviruses found in bats and making them capable of infecting human cells. (4) The Wuhan Institute of Virology has been conducting experiments on a coronavirus identified as RaTG13, which was among the viruses found in the Mojiang mineshaft. (5) The Wuhan Institute of Virology has identified RaTG13 to be the most similar to SARS-CoV-2, the virus that causes COVID-19 with a 96.2 percent similarity. (6) In November 2019 three scientists at the Wuhan Institute of Virology became ill ``with symptoms consistent with both COVID-19 and common seasonal illness''. All 3 scientists sought treatment at a hospital. (7) A lab leak would not be unprecedented in China. In 2004, a SARS outbreak stemming from 2 scientists at the Chinese Institute of Virology in Beijing infected 9 people and killed one. (8) China refused to allow scientists to investigate the potential origins of COVID-19 until January 2021, more than a year after COVID-19 began its spread. (9) China only agreed to a WHO investigation if it had veto power over the scientists chosen for the trip and privilege to review and edit the final report before release. Thirty to sixty members of the Chinese participants were not scientists. (10) China would not allow the international team access to blood bank samples, raw data of any kind, lab logs, lab biosafety requirements, or to interview staff members. (11) The WHO team was required to remain separate from Chinese scientists unless in approved settings and were allowed only 3 hours inside the Wuhan lab under strict conditions. (12) Chinese scientists examined the medical records of 76,000 people in a province of nearly 60 million people. Of that 76,000, only 92 were chosen to be tested for COVID-19 antibodies long after they could have faded and without any explanation to the WHO team of the criterion in which they were chosen. (13) The COVID-19 pandemic, whether naturally occurring or not, was made worse due to the lies and misinformation promulgated by the Chinese Communist Party (CCP). (14) On January 3, 2020, China's National Health Commission ordered medical institutions and labs not to publish any information about the new virus without specific government approval. The notice also ordered labs to destroy their samples or send them to other designated institutions. (15) Even after the CCP knowingly delayed notifying the world of the COVID-19 virus and did not share the genome sequence until January 11, 2020, the WHO repeatedly defended them. (16) For weeks after various physicians in Wuhan warned of the possibility of human-to-human transmission, China refused to admit any such cases existed, as reported by the BBC. (17) Dr. Li Wenliang and eight other doctors warned of the dangers of the new virus in December 2019. (18) In January 2020, the doctors were summoned by the Public Security Bureau and silenced. (19) On January 14, 2020, the WHO tweeted ``preliminary investigations conducted by China have found no clear evidence of human-to-human transmission''. (20) On January 30, 2020, the WHO finally declares the outbreak to be a global health emergency. (21) On February 24, 2020, following a 9-day field excursion in China, a joint team of CCP and WHO scientists held a news conference in which the WHO stated China's actions slowed the spread of the epidemic and prevented or delayed thousands of cases. (22) On February 28, 2020, the joint team praised China for the ``remarkable speed'' of their response in isolating the virus. (23) Dr. Tedros Adhanom Ghebreyesus, the WHO's director- general, visited China and praised the country's leadership for ``setting a new standard for outbreak response''. Another month and a half went by before the WHO called COVID-19 a pandemic, at which point the virus had killed more than 4,000 people and had infected 118,000 people across nearly every continent. (b) Sense of Congress.--It is the sense of Congress that the People's Republic of China and the CCP are fully responsible and liable for all deaths, injuries, and financial losses suffered in the United States by reason of the spread of COVID-19. SEC. 3. IMPOSITION OF ADDITIONAL DUTIES ON IMPORTS OF GOODS AND COMPONENTS FROM THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Subject to subsection (c), the President shall-- (1) impose a duty on imports of any good from the People's Republic of China, and any component manufactured in the People's Republic of China that is incorporated in any good imported from any other country, in an amount equal to 10 percent ad valorem of the good or component for the period beginning on the date of the enactment of this Act and ending on December 31, 2021; and (2) increase the duty imposed under subsection (a) on such good or component by an additional amount equal to 10 percent ad valorem of the good or component for each calendar year beginning after calendar year 2021. (b) Duties To Be Considered Additional Duties.--The duty required by subsection (a) with respect to a good or component is in addition to any other duty imposed by law with respect to the good or component. (c) Sunset.--The requirement to impose a duty with respect to a good or component under subsection (a) shall cease to be effective beginning on the date on which the President submits to Congress a certification that the total amount deposited in the COVID-19 Restitution Trust Fund established under section 4 equals or exceeds the total amount necessary to provide full compensation and reimbursement relating to COVID-19 for purposes of the program established under section 5. SEC. 4. TRUST FUND. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Secretary of the Treasury shall establish an account, to be known as the ``COVID-19 Restitution Trust Fund'' (in this section referred to as the ``Trust Fund''). (b) Deposit of Amounts.--The Trust Fund shall consist of the following: (1) Amounts equal to the amounts of duties imposed on imports of any good from the People's Republic of China, and any component manufactured in the People's Republic of China that is incorporated in any good imported from any other country, under section 3. (2) Amounts provided by the People's Republic of China to provide full compensation and reimbursement relating to COVID- 19, if any. (c) Appropriation.--The amount of funds deposited in the Trust Fund is appropriated to the President and may be expended to provide full compensation and reimbursement relating to COVID-19 in accordance with the compensation program established under section 5. Such funds may not be used for any other purpose. SEC. 5. COMPENSATION AND REIMBURSEMENT PROGRAM. (a) In General.--The Attorney General, acting through a Special Master appointed by the Attorney General, shall-- (1) establish and administer a program to provide compensation and reimbursement with respect to-- (A) economic losses incurred in the United States resulting from COVID-19; (B) financial losses of each business in the United States resulting from COVID-19; (C) funds and other forms of assistance made available by the Federal government to address COVID- 19; and (D) financial losses of each State and local government resulting from COVID-19; (2) promulgate all procedural and substantive rules for the administration of the program; and (3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under the program. (b) Economic Loss Defined.--In this section, the term ``economic loss'' means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities. SEC. 6. REPORT. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report-- (1) identifying countries the Secretary determines have been adversely impacted by the Chinese Communist Party, specifically related to the coverup, misstatements, and obfuscation on the origin of COVID-19; and (2) describing measures the Secretary plans to take to encourage other countries to adopt similar tariffs or other retaliatory measures to collect damages from the People's Republic of China. <all>

China COVID–19 Restitution Act

To impose additional duties on imports of goods from the People's Republic of China until China provides full compensation and reimbursement relating to the COVID-19 pandemic to the United States, and for other purposes.

China COVID–19 Restitution Act

Rep. Brooks, Mo

R

AL

This bill requires the President to impose duties on goods and components manufactured in China and to use the collected funds to provide compensation and reimbursement for losses related to COVID-19. From this bill's enactment until December 31, 2021, the President must impose a 10% ad valorem duty on any good manufactured in China and any component manufactured in China and incorporated in a good imported from any country. This duty shall increase by an additional 10% each calendar year after 2021. The amounts from this duty shall go into a trust fund, which shall also include any amounts provided by China's government to provide compensation and reimbursement related to COVID-19. Using the amounts in the trust fund, the Department of Justice shall establish and administer a program to provide compensation and reimbursement for economic and financial losses related to COVID-19, including for assistance made available by the federal government.

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 ``China COVID-19 Restitution Act''. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) In April 2012, six miners assigned to clear bat guano from the Mojiang coal mine in Mojiang, Yunnan, China fell ill and 3 of them died. A team of scientists from the Wuhan Institute of Virology were called in to take samples of bats and found multiple new coronaviruses. (7) A lab leak would not be unprecedented in China. Thirty to sixty members of the Chinese participants were not scientists. Of that 76,000, only 92 were chosen to be tested for COVID-19 antibodies long after they could have faded and without any explanation to the WHO team of the criterion in which they were chosen. (17) Dr. Li Wenliang and eight other doctors warned of the dangers of the new virus in December 2019. (19) On January 14, 2020, the WHO tweeted ``preliminary investigations conducted by China have found no clear evidence of human-to-human transmission''. (20) On January 30, 2020, the WHO finally declares the outbreak to be a global health emergency. (21) On February 24, 2020, following a 9-day field excursion in China, a joint team of CCP and WHO scientists held a news conference in which the WHO stated China's actions slowed the spread of the epidemic and prevented or delayed thousands of cases. 3. IMPOSITION OF ADDITIONAL DUTIES ON IMPORTS OF GOODS AND COMPONENTS FROM THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Subject to subsection (c), the President shall-- (1) impose a duty on imports of any good from the People's Republic of China, and any component manufactured in the People's Republic of China that is incorporated in any good imported from any other country, in an amount equal to 10 percent ad valorem of the good or component for the period beginning on the date of the enactment of this Act and ending on December 31, 2021; and (2) increase the duty imposed under subsection (a) on such good or component by an additional amount equal to 10 percent ad valorem of the good or component for each calendar year beginning after calendar year 2021. 4. TRUST FUND. (2) Amounts provided by the People's Republic of China to provide full compensation and reimbursement relating to COVID- 19, if any. Such funds may not be used for any other purpose. 5. COMPENSATION AND REIMBURSEMENT PROGRAM. (b) Economic Loss Defined.--In this section, the term ``economic loss'' means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities. SEC. 6. REPORT.

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 ``China COVID-19 Restitution Act''. 2. FINDINGS AND SENSE OF CONGRESS. A team of scientists from the Wuhan Institute of Virology were called in to take samples of bats and found multiple new coronaviruses. (7) A lab leak would not be unprecedented in China. Thirty to sixty members of the Chinese participants were not scientists. Of that 76,000, only 92 were chosen to be tested for COVID-19 antibodies long after they could have faded and without any explanation to the WHO team of the criterion in which they were chosen. (17) Dr. Li Wenliang and eight other doctors warned of the dangers of the new virus in December 2019. (19) On January 14, 2020, the WHO tweeted ``preliminary investigations conducted by China have found no clear evidence of human-to-human transmission''. (20) On January 30, 2020, the WHO finally declares the outbreak to be a global health emergency. 3. IMPOSITION OF ADDITIONAL DUTIES ON IMPORTS OF GOODS AND COMPONENTS FROM THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Subject to subsection (c), the President shall-- (1) impose a duty on imports of any good from the People's Republic of China, and any component manufactured in the People's Republic of China that is incorporated in any good imported from any other country, in an amount equal to 10 percent ad valorem of the good or component for the period beginning on the date of the enactment of this Act and ending on December 31, 2021; and (2) increase the duty imposed under subsection (a) on such good or component by an additional amount equal to 10 percent ad valorem of the good or component for each calendar year beginning after calendar year 2021. 4. TRUST FUND. 5. COMPENSATION AND REIMBURSEMENT PROGRAM. (b) Economic Loss Defined.--In this section, the term ``economic loss'' means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities. SEC. 6. REPORT.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``China COVID-19 Restitution Act''. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) In April 2012, six miners assigned to clear bat guano from the Mojiang coal mine in Mojiang, Yunnan, China fell ill and 3 of them died. A team of scientists from the Wuhan Institute of Virology were called in to take samples of bats and found multiple new coronaviruses. These experiments included manipulating certain spike proteins from coronaviruses found in bats and making them capable of infecting human cells. (7) A lab leak would not be unprecedented in China. Thirty to sixty members of the Chinese participants were not scientists. (11) The WHO team was required to remain separate from Chinese scientists unless in approved settings and were allowed only 3 hours inside the Wuhan lab under strict conditions. Of that 76,000, only 92 were chosen to be tested for COVID-19 antibodies long after they could have faded and without any explanation to the WHO team of the criterion in which they were chosen. (13) The COVID-19 pandemic, whether naturally occurring or not, was made worse due to the lies and misinformation promulgated by the Chinese Communist Party (CCP). The notice also ordered labs to destroy their samples or send them to other designated institutions. (17) Dr. Li Wenliang and eight other doctors warned of the dangers of the new virus in December 2019. (19) On January 14, 2020, the WHO tweeted ``preliminary investigations conducted by China have found no clear evidence of human-to-human transmission''. (20) On January 30, 2020, the WHO finally declares the outbreak to be a global health emergency. (21) On February 24, 2020, following a 9-day field excursion in China, a joint team of CCP and WHO scientists held a news conference in which the WHO stated China's actions slowed the spread of the epidemic and prevented or delayed thousands of cases. 3. IMPOSITION OF ADDITIONAL DUTIES ON IMPORTS OF GOODS AND COMPONENTS FROM THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Subject to subsection (c), the President shall-- (1) impose a duty on imports of any good from the People's Republic of China, and any component manufactured in the People's Republic of China that is incorporated in any good imported from any other country, in an amount equal to 10 percent ad valorem of the good or component for the period beginning on the date of the enactment of this Act and ending on December 31, 2021; and (2) increase the duty imposed under subsection (a) on such good or component by an additional amount equal to 10 percent ad valorem of the good or component for each calendar year beginning after calendar year 2021. 4. TRUST FUND. (2) Amounts provided by the People's Republic of China to provide full compensation and reimbursement relating to COVID- 19, if any. Such funds may not be used for any other purpose. 5. COMPENSATION AND REIMBURSEMENT PROGRAM. (b) Economic Loss Defined.--In this section, the term ``economic loss'' means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities. SEC. 6. REPORT. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report-- (1) identifying countries the Secretary determines have been adversely impacted by the Chinese Communist Party, specifically related to the coverup, misstatements, and obfuscation on the origin of COVID-19; and (2) describing measures the Secretary plans to take to encourage other countries to adopt similar tariffs or other retaliatory measures to collect damages from the People's Republic of China.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``China COVID-19 Restitution Act''. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) In April 2012, six miners assigned to clear bat guano from the Mojiang coal mine in Mojiang, Yunnan, China fell ill and 3 of them died. A team of scientists from the Wuhan Institute of Virology were called in to take samples of bats and found multiple new coronaviruses. (3) Dr. Shi Zhengli, lead scientist at Wuhan Institute of Virology, described experiments to World Health Organization (WHO) scientists that could be described as gain of function research. These experiments included manipulating certain spike proteins from coronaviruses found in bats and making them capable of infecting human cells. All 3 scientists sought treatment at a hospital. (7) A lab leak would not be unprecedented in China. (9) China only agreed to a WHO investigation if it had veto power over the scientists chosen for the trip and privilege to review and edit the final report before release. Thirty to sixty members of the Chinese participants were not scientists. (10) China would not allow the international team access to blood bank samples, raw data of any kind, lab logs, lab biosafety requirements, or to interview staff members. (11) The WHO team was required to remain separate from Chinese scientists unless in approved settings and were allowed only 3 hours inside the Wuhan lab under strict conditions. Of that 76,000, only 92 were chosen to be tested for COVID-19 antibodies long after they could have faded and without any explanation to the WHO team of the criterion in which they were chosen. (13) The COVID-19 pandemic, whether naturally occurring or not, was made worse due to the lies and misinformation promulgated by the Chinese Communist Party (CCP). The notice also ordered labs to destroy their samples or send them to other designated institutions. (16) For weeks after various physicians in Wuhan warned of the possibility of human-to-human transmission, China refused to admit any such cases existed, as reported by the BBC. (17) Dr. Li Wenliang and eight other doctors warned of the dangers of the new virus in December 2019. (18) In January 2020, the doctors were summoned by the Public Security Bureau and silenced. (19) On January 14, 2020, the WHO tweeted ``preliminary investigations conducted by China have found no clear evidence of human-to-human transmission''. (20) On January 30, 2020, the WHO finally declares the outbreak to be a global health emergency. (21) On February 24, 2020, following a 9-day field excursion in China, a joint team of CCP and WHO scientists held a news conference in which the WHO stated China's actions slowed the spread of the epidemic and prevented or delayed thousands of cases. (23) Dr. Tedros Adhanom Ghebreyesus, the WHO's director- general, visited China and praised the country's leadership for ``setting a new standard for outbreak response''. Another month and a half went by before the WHO called COVID-19 a pandemic, at which point the virus had killed more than 4,000 people and had infected 118,000 people across nearly every continent. 3. IMPOSITION OF ADDITIONAL DUTIES ON IMPORTS OF GOODS AND COMPONENTS FROM THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Subject to subsection (c), the President shall-- (1) impose a duty on imports of any good from the People's Republic of China, and any component manufactured in the People's Republic of China that is incorporated in any good imported from any other country, in an amount equal to 10 percent ad valorem of the good or component for the period beginning on the date of the enactment of this Act and ending on December 31, 2021; and (2) increase the duty imposed under subsection (a) on such good or component by an additional amount equal to 10 percent ad valorem of the good or component for each calendar year beginning after calendar year 2021. 4. TRUST FUND. (2) Amounts provided by the People's Republic of China to provide full compensation and reimbursement relating to COVID- 19, if any. Such funds may not be used for any other purpose. 5. COMPENSATION AND REIMBURSEMENT PROGRAM. (a) In General.--The Attorney General, acting through a Special Master appointed by the Attorney General, shall-- (1) establish and administer a program to provide compensation and reimbursement with respect to-- (A) economic losses incurred in the United States resulting from COVID-19; (B) financial losses of each business in the United States resulting from COVID-19; (C) funds and other forms of assistance made available by the Federal government to address COVID- 19; and (D) financial losses of each State and local government resulting from COVID-19; (2) promulgate all procedural and substantive rules for the administration of the program; and (3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under the program. (b) Economic Loss Defined.--In this section, the term ``economic loss'' means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities. SEC. 6. REPORT. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report-- (1) identifying countries the Secretary determines have been adversely impacted by the Chinese Communist Party, specifically related to the coverup, misstatements, and obfuscation on the origin of COVID-19; and (2) describing measures the Secretary plans to take to encourage other countries to adopt similar tariffs or other retaliatory measures to collect damages from the People's Republic of China.

To impose additional duties on imports of goods from the People's Republic of China until China provides full compensation and reimbursement relating to the COVID-19 pandemic to the United States, and for other purposes. 2) Scientists at the Wuhan Institute of Virology did not announce the existence of the new coronaviruses nor their connections to the coal mine and the miners that became ill until 2021. ( (5) The Wuhan Institute of Virology has identified RaTG13 to be the most similar to SARS-CoV-2, the virus that causes COVID-19 with a 96.2 percent similarity. ( 8) China refused to allow scientists to investigate the potential origins of COVID-19 until January 2021, more than a year after COVID-19 began its spread. ( 9) China only agreed to a WHO investigation if it had veto power over the scientists chosen for the trip and privilege to review and edit the final report before release. Of that 76,000, only 92 were chosen to be tested for COVID-19 antibodies long after they could have faded and without any explanation to the WHO team of the criterion in which they were chosen. ( 19) On January 14, 2020, the WHO tweeted ``preliminary investigations conducted by China have found no clear evidence of human-to-human transmission''. ( (21) On February 24, 2020, following a 9-day field excursion in China, a joint team of CCP and WHO scientists held a news conference in which the WHO stated China's actions slowed the spread of the epidemic and prevented or delayed thousands of cases. ( 22) On February 28, 2020, the joint team praised China for the ``remarkable speed'' of their response in isolating the virus. ( b) Duties To Be Considered Additional Duties.--The duty required by subsection (a) with respect to a good or component is in addition to any other duty imposed by law with respect to the good or component. ( c) Sunset.--The requirement to impose a duty with respect to a good or component under subsection (a) shall cease to be effective beginning on the date on which the President submits to Congress a certification that the total amount deposited in the COVID-19 Restitution Trust Fund established under section 4 equals or exceeds the total amount necessary to provide full compensation and reimbursement relating to COVID-19 for purposes of the program established under section 5. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Secretary of the Treasury shall establish an account, to be known as the ``COVID-19 Restitution Trust Fund'' (in this section referred to as the ``Trust Fund''). ( 2) Amounts provided by the People's Republic of China to provide full compensation and reimbursement relating to COVID- 19, if any. ( b) Economic Loss Defined.--In this section, the term ``economic loss'' means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report-- (1) identifying countries the Secretary determines have been adversely impacted by the Chinese Communist Party, specifically related to the coverup, misstatements, and obfuscation on the origin of COVID-19; and (2) describing measures the Secretary plans to take to encourage other countries to adopt similar tariffs or other retaliatory measures to collect damages from the People's Republic of China.

To impose additional duties on imports of goods from the People's Republic of China until China provides full compensation and reimbursement relating to the COVID-19 pandemic to the United States, and for other purposes. FINDINGS AND SENSE OF CONGRESS. ( 5) The Wuhan Institute of Virology has identified RaTG13 to be the most similar to SARS-CoV-2, the virus that causes COVID-19 with a 96.2 percent similarity. ( 7) A lab leak would not be unprecedented in China. (9) China only agreed to a WHO investigation if it had veto power over the scientists chosen for the trip and privilege to review and edit the final report before release. 13) The COVID-19 pandemic, whether naturally occurring or not, was made worse due to the lies and misinformation promulgated by the Chinese Communist Party (CCP). ( 17) Dr. Li Wenliang and eight other doctors warned of the dangers of the new virus in December 2019. ( (21) On February 24, 2020, following a 9-day field excursion in China, a joint team of CCP and WHO scientists held a news conference in which the WHO stated China's actions slowed the spread of the epidemic and prevented or delayed thousands of cases. ( b) Sense of Congress.--It is the sense of Congress that the People's Republic of China and the CCP are fully responsible and liable for all deaths, injuries, and financial losses suffered in the United States by reason of the spread of COVID-19. (c) Sunset.--The requirement to impose a duty with respect to a good or component under subsection (a) shall cease to be effective beginning on the date on which the President submits to Congress a certification that the total amount deposited in the COVID-19 Restitution Trust Fund established under section 4 equals or exceeds the total amount necessary to provide full compensation and reimbursement relating to COVID-19 for purposes of the program established under section 5. 2) Amounts provided by the People's Republic of China to provide full compensation and reimbursement relating to COVID- 19, if any. ( b) Economic Loss Defined.--In this section, the term ``economic loss'' means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report-- (1) identifying countries the Secretary determines have been adversely impacted by the Chinese Communist Party, specifically related to the coverup, misstatements, and obfuscation on the origin of COVID-19; and (2) describing measures the Secretary plans to take to encourage other countries to adopt similar tariffs or other retaliatory measures to collect damages from the People's Republic of China.

To impose additional duties on imports of goods from the People's Republic of China until China provides full compensation and reimbursement relating to the COVID-19 pandemic to the United States, and for other purposes. FINDINGS AND SENSE OF CONGRESS. ( 5) The Wuhan Institute of Virology has identified RaTG13 to be the most similar to SARS-CoV-2, the virus that causes COVID-19 with a 96.2 percent similarity. ( 7) A lab leak would not be unprecedented in China. (9) China only agreed to a WHO investigation if it had veto power over the scientists chosen for the trip and privilege to review and edit the final report before release. 13) The COVID-19 pandemic, whether naturally occurring or not, was made worse due to the lies and misinformation promulgated by the Chinese Communist Party (CCP). ( 17) Dr. Li Wenliang and eight other doctors warned of the dangers of the new virus in December 2019. ( (21) On February 24, 2020, following a 9-day field excursion in China, a joint team of CCP and WHO scientists held a news conference in which the WHO stated China's actions slowed the spread of the epidemic and prevented or delayed thousands of cases. ( b) Sense of Congress.--It is the sense of Congress that the People's Republic of China and the CCP are fully responsible and liable for all deaths, injuries, and financial losses suffered in the United States by reason of the spread of COVID-19. (c) Sunset.--The requirement to impose a duty with respect to a good or component under subsection (a) shall cease to be effective beginning on the date on which the President submits to Congress a certification that the total amount deposited in the COVID-19 Restitution Trust Fund established under section 4 equals or exceeds the total amount necessary to provide full compensation and reimbursement relating to COVID-19 for purposes of the program established under section 5. 2) Amounts provided by the People's Republic of China to provide full compensation and reimbursement relating to COVID- 19, if any. ( b) Economic Loss Defined.--In this section, the term ``economic loss'' means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report-- (1) identifying countries the Secretary determines have been adversely impacted by the Chinese Communist Party, specifically related to the coverup, misstatements, and obfuscation on the origin of COVID-19; and (2) describing measures the Secretary plans to take to encourage other countries to adopt similar tariffs or other retaliatory measures to collect damages from the People's Republic of China.

To impose additional duties on imports of goods from the People's Republic of China until China provides full compensation and reimbursement relating to the COVID-19 pandemic to the United States, and for other purposes. 2) Scientists at the Wuhan Institute of Virology did not announce the existence of the new coronaviruses nor their connections to the coal mine and the miners that became ill until 2021. ( (5) The Wuhan Institute of Virology has identified RaTG13 to be the most similar to SARS-CoV-2, the virus that causes COVID-19 with a 96.2 percent similarity. ( 8) China refused to allow scientists to investigate the potential origins of COVID-19 until January 2021, more than a year after COVID-19 began its spread. ( 9) China only agreed to a WHO investigation if it had veto power over the scientists chosen for the trip and privilege to review and edit the final report before release. Of that 76,000, only 92 were chosen to be tested for COVID-19 antibodies long after they could have faded and without any explanation to the WHO team of the criterion in which they were chosen. ( 19) On January 14, 2020, the WHO tweeted ``preliminary investigations conducted by China have found no clear evidence of human-to-human transmission''. ( (21) On February 24, 2020, following a 9-day field excursion in China, a joint team of CCP and WHO scientists held a news conference in which the WHO stated China's actions slowed the spread of the epidemic and prevented or delayed thousands of cases. ( 22) On February 28, 2020, the joint team praised China for the ``remarkable speed'' of their response in isolating the virus. ( b) Duties To Be Considered Additional Duties.--The duty required by subsection (a) with respect to a good or component is in addition to any other duty imposed by law with respect to the good or component. ( c) Sunset.--The requirement to impose a duty with respect to a good or component under subsection (a) shall cease to be effective beginning on the date on which the President submits to Congress a certification that the total amount deposited in the COVID-19 Restitution Trust Fund established under section 4 equals or exceeds the total amount necessary to provide full compensation and reimbursement relating to COVID-19 for purposes of the program established under section 5. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Secretary of the Treasury shall establish an account, to be known as the ``COVID-19 Restitution Trust Fund'' (in this section referred to as the ``Trust Fund''). ( 2) Amounts provided by the People's Republic of China to provide full compensation and reimbursement relating to COVID- 19, if any. ( b) Economic Loss Defined.--In this section, the term ``economic loss'' means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report-- (1) identifying countries the Secretary determines have been adversely impacted by the Chinese Communist Party, specifically related to the coverup, misstatements, and obfuscation on the origin of COVID-19; and (2) describing measures the Secretary plans to take to encourage other countries to adopt similar tariffs or other retaliatory measures to collect damages from the People's Republic of China.

To impose additional duties on imports of goods from the People's Republic of China until China provides full compensation and reimbursement relating to the COVID-19 pandemic to the United States, and for other purposes. FINDINGS AND SENSE OF CONGRESS. ( 5) The Wuhan Institute of Virology has identified RaTG13 to be the most similar to SARS-CoV-2, the virus that causes COVID-19 with a 96.2 percent similarity. ( 7) A lab leak would not be unprecedented in China. (9) China only agreed to a WHO investigation if it had veto power over the scientists chosen for the trip and privilege to review and edit the final report before release. 13) The COVID-19 pandemic, whether naturally occurring or not, was made worse due to the lies and misinformation promulgated by the Chinese Communist Party (CCP). ( 17) Dr. Li Wenliang and eight other doctors warned of the dangers of the new virus in December 2019. ( (21) On February 24, 2020, following a 9-day field excursion in China, a joint team of CCP and WHO scientists held a news conference in which the WHO stated China's actions slowed the spread of the epidemic and prevented or delayed thousands of cases. ( b) Sense of Congress.--It is the sense of Congress that the People's Republic of China and the CCP are fully responsible and liable for all deaths, injuries, and financial losses suffered in the United States by reason of the spread of COVID-19. (c) Sunset.--The requirement to impose a duty with respect to a good or component under subsection (a) shall cease to be effective beginning on the date on which the President submits to Congress a certification that the total amount deposited in the COVID-19 Restitution Trust Fund established under section 4 equals or exceeds the total amount necessary to provide full compensation and reimbursement relating to COVID-19 for purposes of the program established under section 5. 2) Amounts provided by the People's Republic of China to provide full compensation and reimbursement relating to COVID- 19, if any. ( b) Economic Loss Defined.--In this section, the term ``economic loss'' means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report-- (1) identifying countries the Secretary determines have been adversely impacted by the Chinese Communist Party, specifically related to the coverup, misstatements, and obfuscation on the origin of COVID-19; and (2) describing measures the Secretary plans to take to encourage other countries to adopt similar tariffs or other retaliatory measures to collect damages from the People's Republic of China.

To impose additional duties on imports of goods from the People's Republic of China until China provides full compensation and reimbursement relating to the COVID-19 pandemic to the United States, and for other purposes. 2) Scientists at the Wuhan Institute of Virology did not announce the existence of the new coronaviruses nor their connections to the coal mine and the miners that became ill until 2021. ( (5) The Wuhan Institute of Virology has identified RaTG13 to be the most similar to SARS-CoV-2, the virus that causes COVID-19 with a 96.2 percent similarity. ( 8) China refused to allow scientists to investigate the potential origins of COVID-19 until January 2021, more than a year after COVID-19 began its spread. ( 9) China only agreed to a WHO investigation if it had veto power over the scientists chosen for the trip and privilege to review and edit the final report before release. Of that 76,000, only 92 were chosen to be tested for COVID-19 antibodies long after they could have faded and without any explanation to the WHO team of the criterion in which they were chosen. ( 19) On January 14, 2020, the WHO tweeted ``preliminary investigations conducted by China have found no clear evidence of human-to-human transmission''. ( (21) On February 24, 2020, following a 9-day field excursion in China, a joint team of CCP and WHO scientists held a news conference in which the WHO stated China's actions slowed the spread of the epidemic and prevented or delayed thousands of cases. ( 22) On February 28, 2020, the joint team praised China for the ``remarkable speed'' of their response in isolating the virus. ( b) Duties To Be Considered Additional Duties.--The duty required by subsection (a) with respect to a good or component is in addition to any other duty imposed by law with respect to the good or component. ( c) Sunset.--The requirement to impose a duty with respect to a good or component under subsection (a) shall cease to be effective beginning on the date on which the President submits to Congress a certification that the total amount deposited in the COVID-19 Restitution Trust Fund established under section 4 equals or exceeds the total amount necessary to provide full compensation and reimbursement relating to COVID-19 for purposes of the program established under section 5. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Secretary of the Treasury shall establish an account, to be known as the ``COVID-19 Restitution Trust Fund'' (in this section referred to as the ``Trust Fund''). ( 2) Amounts provided by the People's Republic of China to provide full compensation and reimbursement relating to COVID- 19, if any. ( b) Economic Loss Defined.--In this section, the term ``economic loss'' means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report-- (1) identifying countries the Secretary determines have been adversely impacted by the Chinese Communist Party, specifically related to the coverup, misstatements, and obfuscation on the origin of COVID-19; and (2) describing measures the Secretary plans to take to encourage other countries to adopt similar tariffs or other retaliatory measures to collect damages from the People's Republic of China.

To impose additional duties on imports of goods from the People's Republic of China until China provides full compensation and reimbursement relating to the COVID-19 pandemic to the United States, and for other purposes. FINDINGS AND SENSE OF CONGRESS. ( 5) The Wuhan Institute of Virology has identified RaTG13 to be the most similar to SARS-CoV-2, the virus that causes COVID-19 with a 96.2 percent similarity. ( 7) A lab leak would not be unprecedented in China. (9) China only agreed to a WHO investigation if it had veto power over the scientists chosen for the trip and privilege to review and edit the final report before release. 13) The COVID-19 pandemic, whether naturally occurring or not, was made worse due to the lies and misinformation promulgated by the Chinese Communist Party (CCP). ( 17) Dr. Li Wenliang and eight other doctors warned of the dangers of the new virus in December 2019. ( (21) On February 24, 2020, following a 9-day field excursion in China, a joint team of CCP and WHO scientists held a news conference in which the WHO stated China's actions slowed the spread of the epidemic and prevented or delayed thousands of cases. ( b) Sense of Congress.--It is the sense of Congress that the People's Republic of China and the CCP are fully responsible and liable for all deaths, injuries, and financial losses suffered in the United States by reason of the spread of COVID-19. (c) Sunset.--The requirement to impose a duty with respect to a good or component under subsection (a) shall cease to be effective beginning on the date on which the President submits to Congress a certification that the total amount deposited in the COVID-19 Restitution Trust Fund established under section 4 equals or exceeds the total amount necessary to provide full compensation and reimbursement relating to COVID-19 for purposes of the program established under section 5. 2) Amounts provided by the People's Republic of China to provide full compensation and reimbursement relating to COVID- 19, if any. ( b) Economic Loss Defined.--In this section, the term ``economic loss'' means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report-- (1) identifying countries the Secretary determines have been adversely impacted by the Chinese Communist Party, specifically related to the coverup, misstatements, and obfuscation on the origin of COVID-19; and (2) describing measures the Secretary plans to take to encourage other countries to adopt similar tariffs or other retaliatory measures to collect damages from the People's Republic of China.

To impose additional duties on imports of goods from the People's Republic of China until China provides full compensation and reimbursement relating to the COVID-19 pandemic to the United States, and for other purposes. 8) China refused to allow scientists to investigate the potential origins of COVID-19 until January 2021, more than a year after COVID-19 began its spread. ( ( (21) On February 24, 2020, following a 9-day field excursion in China, a joint team of CCP and WHO scientists held a news conference in which the WHO stated China's actions slowed the spread of the epidemic and prevented or delayed thousands of cases. ( 2) Amounts provided by the People's Republic of China to provide full compensation and reimbursement relating to COVID- 19, if any. ( b) Economic Loss Defined.--In this section, the term ``economic loss'' means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report-- (1) identifying countries the Secretary determines have been adversely impacted by the Chinese Communist Party, specifically related to the coverup, misstatements, and obfuscation on the origin of COVID-19; and (2) describing measures the Secretary plans to take to encourage other countries to adopt similar tariffs or other retaliatory measures to collect damages from the People's Republic of China.

To impose additional duties on imports of goods from the People's Republic of China until China provides full compensation and reimbursement relating to the COVID-19 pandemic to the United States, and for other purposes. 13) The COVID-19 pandemic, whether naturally occurring or not, was made worse due to the lies and misinformation promulgated by the Chinese Communist Party (CCP). ( 21) On February 24, 2020, following a 9-day field excursion in China, a joint team of CCP and WHO scientists held a news conference in which the WHO stated China's actions slowed the spread of the epidemic and prevented or delayed thousands of cases. ( ( b) Economic Loss Defined.--In this section, the term ``economic loss'' means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report-- (1) identifying countries the Secretary determines have been adversely impacted by the Chinese Communist Party, specifically related to the coverup, misstatements, and obfuscation on the origin of COVID-19; and (2) describing measures the Secretary plans to take to encourage other countries to adopt similar tariffs or other retaliatory measures to collect damages from the People's Republic of China.

To impose additional duties on imports of goods from the People's Republic of China until China provides full compensation and reimbursement relating to the COVID-19 pandemic to the United States, and for other purposes. 8) China refused to allow scientists to investigate the potential origins of COVID-19 until January 2021, more than a year after COVID-19 began its spread. ( ( (21) On February 24, 2020, following a 9-day field excursion in China, a joint team of CCP and WHO scientists held a news conference in which the WHO stated China's actions slowed the spread of the epidemic and prevented or delayed thousands of cases. ( 2) Amounts provided by the People's Republic of China to provide full compensation and reimbursement relating to COVID- 19, if any. ( b) Economic Loss Defined.--In this section, the term ``economic loss'' means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report-- (1) identifying countries the Secretary determines have been adversely impacted by the Chinese Communist Party, specifically related to the coverup, misstatements, and obfuscation on the origin of COVID-19; and (2) describing measures the Secretary plans to take to encourage other countries to adopt similar tariffs or other retaliatory measures to collect damages from the People's Republic of China.

China COVID-19 Restitution Act This bill expresses the sense of Congress that China should provide full compensation and reimbursement for the costs of investigating and responding to the COVID (CoV-19) pandemic in China. The bill also directs the Department of Health and Human Services (HHS) to establish a program to provide grants to Chinese scientists to conduct research on COVID. Directs the President to: (1) impose a duty on imports of any good from the People's Republic of China (PRC) and any component manufactured in the PRC that is incorporated in any good imported from any other country in an amount equal to 10% ad valorem of the good or component for the period beginning on the date of enactment of this Act and ending on

S.5189

Finance and Financial Sector

Close the Shadow Banking Loophole Act This bill (1) provides for the federal regulation and supervision of industrial banks, also known as industrial loan companies (ILCs), and their parent companies; and (2) sets forth a deadline for the consideration of pending ILC Federal Deposit Insurance Corporation (FDIC) deposit insurance applications. ILCs are state chartered institutions owned by nonfinancial businesses (parent companies) that provide several services similar to banks, such as originating loans and processing payments. The parent companies are not subject to supervision by the Federal Reserve Board. Under current law, the Federal Deposit Insurance Corporation (FDIC) may grant deposit insurance to these institutions.

To address applications for deposit insurance submitted by industrial banks to the Federal Deposit Insurance Corporation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Close the Shadow Banking Loophole Act''. SEC. 2. INDUSTRIAL BANKS. (a) Definitions.--In this section: (1) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the meaning given the term in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)). (2) Corporation.--The term ``Corporation'' means the Federal Deposit Insurance Corporation. (3) Industrial bank.--The term ``industrial bank'' means an entity described in section 2(c)(2)(H) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2)(H)), as in effect on the day before the date of enactment of this Act. (b) Exception From Definition of Bank.--Section 2(c)(2)(H) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2)(H)) is amended, in the matter preceding clause (i), by inserting after ``similar institution'' the following: ``which has been approved to receive deposit insurance from the Federal Deposit Insurance Corporation on or before September 23, 2021 (or, with respect to such an entity to which section 2(c) of the Close the Shadow Banking Loophole Act applies, which is in compliance with such section 2(c)), and''. (c) Treatment of Deposit Insurance Applications Pending on September 23, 2021.-- (1) In general.--With respect to an industrial bank that, on the date of enactment of this Act, has an application to receive deposit insurance pending before the Corporation that was submitted on or before September 23, 2021, the Corporation-- (A) shall provide for a 90-day public comment period and a public hearing with respect to that application; and (B) may only approve that application by a \2/3\ vote of the members of the Board of Directors of the Corporation. (2) Deadline for approving application.--If the Corporation does not approve an application described in paragraph (1) before September 23, 2023, that application shall be deemed to have been denied. (3) Rule of construction.--Except to the extent explicitly provided in this subsection, this subsection may not be construed to affect the authority of the Corporation to consider deposit insurance applications under sections 5 and 6 of the Federal Deposit Insurance Act (12 U.S.C. 1815, 1816). (d) Authority With Respect to Deposit Insurance Applications Granted After September 23, 2021.-- (1) Definitions.--In this subsection: (A) Bank; depository institution.--The terms ``bank'' and ``depository institution'' have the meanings given those terms in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841), as amended by this section. (B) Covered industrial loan company.--The term ``covered industrial loan company'' means an industrial bank that has an application to receive deposit insurance from the Corporation approved after September 23, 2021. (C) Parent company.--The term ``parent company'' means an entity that has control over a covered industrial loan company. (D) Primary financial regulatory agency.--With respect to a parent company, the term ``primary financial regulatory agency''-- (i) has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); and (ii) with respect to a parent company for which clause (i) does not apply, means the Corporation. (2) Authority.--The primary financial regulatory agency with respect to a parent company may take any of the following actions with respect to the parent company: (A) Conduct such examinations of, and obtain reports from, the parent company or any subsidiary of the parent company (other than a bank) as the agency determines necessary or appropriate to assess each of the following: (i) The financial condition of the parent company or subsidiary. (ii) The systems of the parent company or subsidiary for maintaining and controlling financial and operating risks. (iii) The transactions of the parent company or subsidiary with depository institution subsidiaries of the parent company. (B) Impose any conditions or restrictions on the parent company or any subsidiary of the parent company (other than a bank), including restricting or prohibiting transactions between the parent company or subsidiary and any depository institution subsidiary of the parent company, if those conditions or restrictions would promote the safety and soundness of the parent company or any of its depository institution subsidiaries. (e) Change of Control.-- (1) In general.--Except as provided in paragraph (2), the appropriate Federal banking agency shall disapprove a change in control, as provided in section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)), of an industrial bank. (2) Exceptions.--Paragraph (1) shall not apply to a change in control of an industrial bank-- (A) that-- (i) is in danger of default, as determined by the appropriate Federal banking agency, provided that the entity acquiring control of the industrial bank is an entity described in clause (iii); (ii) results from the acquisition of voting shares of an issuer that controls the industrial bank and the securities of which are listed on a national securities exchange, if, after the acquisition, the acquiring shareholder (or group of shareholders acting in concert) holds less than 25 percent of any class of the voting shares of, and does not otherwise exercise control over, that issuer; or (iii) will be controlled, directly or indirectly, by an entity subject to consolidated supervision by the Board of Governors of the Federal Reserve System as a-- (I) bank holding company; (II) savings and loan holding company; or (III) foreign bank that is treated, as of July 1, 2020, as a bank holding company under the International Banking Act of 1978 (12 U.S.C. 3101 et seq.); and (B) that has obtained all regulatory approvals otherwise required with respect to the change in control under any applicable Federal or State law, including section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)). SEC. 3. SUPERVISION OF PARENT COMPANIES OF INDUSTRIAL LOAN COMPANIES. The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is amended by inserting after section 5 (12 U.S.C. 1844) the following: ``SEC. 6. SUPERVISION OF PARENT COMPANIES OF INDUSTRIAL LOAN COMPANIES. ``(a) Definitions.--In this section: ``(1) Corporation.--The term `Corporation' means the Federal Deposit Insurance Corporation. ``(2) Parent company of an industrial loan company.--The term `parent company of an industrial loan company' means a company-- ``(A) that is not directly or indirectly subject to a primary financial regulatory agency (as defined in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301)); and ``(B) that has control over an entity that-- ``(i) is an industrial loan company, industrial bank, or other similar institution; ``(ii) is not a bank; and ``(iii) is not a person regulated by a State insurance regulator, as that term is defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481). ``(b) Authority Relating to a Parent Company of an Industrial Loan Company.-- ``(1) In general.--Subject to paragraph (2), the Corporation shall have the same authority to require a parent company of an industrial loan company (or a subsidiary of such a parent company) to make reports and submit to examinations as the Board has with respect to a bank holding company or a subsidiary of a bank holding company. ``(2) Conditions.--In carrying out the report and examination authority described in paragraph (1) and with respect to the parent company of an industrial loan company that has been approved to receive deposit insurance from the Corporation on or before September 23, 2021, the Corporation shall tailor any requirements to the size, complexity, and nature of the business of that parent company. ``(3) Enforcement.--The Corporation may, using the authorities under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), enforce the report and examination authority under this section with respect to a parent company of an industrial loan company (or a subsidiary of such a parent company) to the same extent as the Board may enforce the report and examination authority of the Board with respect to a bank holding company or a subsidiary of a bank holding company. ``(c) Rule of Construction.--Nothing in this section may be construed as a reduction of the authority of the Corporation, as in effect on the date of enactment of this section. ``(d) Rulemaking.--The Corporation may issue rules to implement this section.''. SEC. 4. APPLICATION WITH RESPECT TO CONTRACTS AND OTHER AGREEMENTS. (a) Definition.--In this section, the term ``industrial loan company'' means an industrial loan company, industrial bank, or other similar institution. (b) Application.--This Act, and the amendments made by this Act, may not be construed to affect or impair-- (1) the authority of the Federal Deposit Insurance Corporation to enter into any agreement with a parent company of an industrial loan company (as defined in section 6 of the Bank Holding Company Act of 1956, as added by section 3 of this Act) or an industrial loan company, or to impose any condition in connection with the approval by the Corporation of an application; or (2) the validity of any agreement described in paragraph (1) entered into before the date of enactment of this Act. <all>

Close the Shadow Banking Loophole Act

A bill to address applications for deposit insurance submitted by industrial banks to the Federal Deposit Insurance Corporation, and for other purposes.

Close the Shadow Banking Loophole Act

Sen. Brown, Sherrod

D

OH

This bill (1) provides for the federal regulation and supervision of industrial banks, also known as industrial loan companies (ILCs), and their parent companies; and (2) sets forth a deadline for the consideration of pending ILC Federal Deposit Insurance Corporation (FDIC) deposit insurance applications. ILCs are state chartered institutions owned by nonfinancial businesses (parent companies) that provide several services similar to banks, such as originating loans and processing payments. The parent companies are not subject to supervision by the Federal Reserve Board. Under current law, the Federal Deposit Insurance Corporation (FDIC) may grant deposit insurance to these institutions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Close the Shadow Banking Loophole Act''. 2. 1813(q)). 1841(c)(2)(H)), as in effect on the day before the date of enactment of this Act. 1815, 1816). 1841), as amended by this section. (D) Primary financial regulatory agency.--With respect to a parent company, the term ``primary financial regulatory agency''-- (i) has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); and (ii) with respect to a parent company for which clause (i) does not apply, means the Corporation. (iii) The transactions of the parent company or subsidiary with depository institution subsidiaries of the parent company. (e) Change of Control.-- (1) In general.--Except as provided in paragraph (2), the appropriate Federal banking agency shall disapprove a change in control, as provided in section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. (2) Exceptions.--Paragraph (1) shall not apply to a change in control of an industrial bank-- (A) that-- (i) is in danger of default, as determined by the appropriate Federal banking agency, provided that the entity acquiring control of the industrial bank is an entity described in clause (iii); (ii) results from the acquisition of voting shares of an issuer that controls the industrial bank and the securities of which are listed on a national securities exchange, if, after the acquisition, the acquiring shareholder (or group of shareholders acting in concert) holds less than 25 percent of any class of the voting shares of, and does not otherwise exercise control over, that issuer; or (iii) will be controlled, directly or indirectly, by an entity subject to consolidated supervision by the Board of Governors of the Federal Reserve System as a-- (I) bank holding company; (II) savings and loan holding company; or (III) foreign bank that is treated, as of July 1, 2020, as a bank holding company under the International Banking Act of 1978 (12 U.S.C. 1817(j)). 3. The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) 1844) the following: ``SEC. 6. SUPERVISION OF PARENT COMPANIES OF INDUSTRIAL LOAN COMPANIES. ``(a) Definitions.--In this section: ``(1) Corporation.--The term `Corporation' means the Federal Deposit Insurance Corporation. 5481). ``(2) Conditions.--In carrying out the report and examination authority described in paragraph (1) and with respect to the parent company of an industrial loan company that has been approved to receive deposit insurance from the Corporation on or before September 23, 2021, the Corporation shall tailor any requirements to the size, complexity, and nature of the business of that parent company. ``(d) Rulemaking.--The Corporation may issue rules to implement this section.''. SEC. 4. APPLICATION WITH RESPECT TO CONTRACTS AND OTHER AGREEMENTS.

This Act may be cited as the ``Close the Shadow Banking Loophole Act''. 2. 1813(q)). 1841(c)(2)(H)), as in effect on the day before the date of enactment of this Act. (D) Primary financial regulatory agency.--With respect to a parent company, the term ``primary financial regulatory agency''-- (i) has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); and (ii) with respect to a parent company for which clause (i) does not apply, means the Corporation. (iii) The transactions of the parent company or subsidiary with depository institution subsidiaries of the parent company. (e) Change of Control.-- (1) In general.--Except as provided in paragraph (2), the appropriate Federal banking agency shall disapprove a change in control, as provided in section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)). 3. The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) 1844) the following: ``SEC. 6. SUPERVISION OF PARENT COMPANIES OF INDUSTRIAL LOAN COMPANIES. ``(a) Definitions.--In this section: ``(1) Corporation.--The term `Corporation' means the Federal Deposit Insurance Corporation. ``(2) Conditions.--In carrying out the report and examination authority described in paragraph (1) and with respect to the parent company of an industrial loan company that has been approved to receive deposit insurance from the Corporation on or before September 23, 2021, the Corporation shall tailor any requirements to the size, complexity, and nature of the business of that parent company. SEC. APPLICATION WITH RESPECT TO CONTRACTS AND OTHER AGREEMENTS.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Close the Shadow Banking Loophole Act''. 2. 1813(q)). 1841(c)(2)(H)), as in effect on the day before the date of enactment of this Act. (c) Treatment of Deposit Insurance Applications Pending on September 23, 2021.-- (1) In general.--With respect to an industrial bank that, on the date of enactment of this Act, has an application to receive deposit insurance pending before the Corporation that was submitted on or before September 23, 2021, the Corporation-- (A) shall provide for a 90-day public comment period and a public hearing with respect to that application; and (B) may only approve that application by a \2/3\ vote of the members of the Board of Directors of the Corporation. (3) Rule of construction.--Except to the extent explicitly provided in this subsection, this subsection may not be construed to affect the authority of the Corporation to consider deposit insurance applications under sections 5 and 6 of the Federal Deposit Insurance Act (12 U.S.C. 1815, 1816). 1841), as amended by this section. (D) Primary financial regulatory agency.--With respect to a parent company, the term ``primary financial regulatory agency''-- (i) has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); and (ii) with respect to a parent company for which clause (i) does not apply, means the Corporation. (ii) The systems of the parent company or subsidiary for maintaining and controlling financial and operating risks. (iii) The transactions of the parent company or subsidiary with depository institution subsidiaries of the parent company. (B) Impose any conditions or restrictions on the parent company or any subsidiary of the parent company (other than a bank), including restricting or prohibiting transactions between the parent company or subsidiary and any depository institution subsidiary of the parent company, if those conditions or restrictions would promote the safety and soundness of the parent company or any of its depository institution subsidiaries. (e) Change of Control.-- (1) In general.--Except as provided in paragraph (2), the appropriate Federal banking agency shall disapprove a change in control, as provided in section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. (2) Exceptions.--Paragraph (1) shall not apply to a change in control of an industrial bank-- (A) that-- (i) is in danger of default, as determined by the appropriate Federal banking agency, provided that the entity acquiring control of the industrial bank is an entity described in clause (iii); (ii) results from the acquisition of voting shares of an issuer that controls the industrial bank and the securities of which are listed on a national securities exchange, if, after the acquisition, the acquiring shareholder (or group of shareholders acting in concert) holds less than 25 percent of any class of the voting shares of, and does not otherwise exercise control over, that issuer; or (iii) will be controlled, directly or indirectly, by an entity subject to consolidated supervision by the Board of Governors of the Federal Reserve System as a-- (I) bank holding company; (II) savings and loan holding company; or (III) foreign bank that is treated, as of July 1, 2020, as a bank holding company under the International Banking Act of 1978 (12 U.S.C. 1817(j)). 3. The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) 1844) the following: ``SEC. 6. SUPERVISION OF PARENT COMPANIES OF INDUSTRIAL LOAN COMPANIES. ``(a) Definitions.--In this section: ``(1) Corporation.--The term `Corporation' means the Federal Deposit Insurance Corporation. 5481). ``(2) Conditions.--In carrying out the report and examination authority described in paragraph (1) and with respect to the parent company of an industrial loan company that has been approved to receive deposit insurance from the Corporation on or before September 23, 2021, the Corporation shall tailor any requirements to the size, complexity, and nature of the business of that parent company. ``(d) Rulemaking.--The Corporation may issue rules to implement this section.''. SEC. 4. APPLICATION WITH RESPECT TO CONTRACTS AND OTHER AGREEMENTS.

To address applications for deposit insurance submitted by industrial banks to the Federal Deposit Insurance Corporation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Close the Shadow Banking Loophole Act''. 2. 1813(q)). 1841(c)(2)(H)), as in effect on the day before the date of enactment of this Act. (c) Treatment of Deposit Insurance Applications Pending on September 23, 2021.-- (1) In general.--With respect to an industrial bank that, on the date of enactment of this Act, has an application to receive deposit insurance pending before the Corporation that was submitted on or before September 23, 2021, the Corporation-- (A) shall provide for a 90-day public comment period and a public hearing with respect to that application; and (B) may only approve that application by a \2/3\ vote of the members of the Board of Directors of the Corporation. (2) Deadline for approving application.--If the Corporation does not approve an application described in paragraph (1) before September 23, 2023, that application shall be deemed to have been denied. (3) Rule of construction.--Except to the extent explicitly provided in this subsection, this subsection may not be construed to affect the authority of the Corporation to consider deposit insurance applications under sections 5 and 6 of the Federal Deposit Insurance Act (12 U.S.C. 1815, 1816). 1841), as amended by this section. (B) Covered industrial loan company.--The term ``covered industrial loan company'' means an industrial bank that has an application to receive deposit insurance from the Corporation approved after September 23, 2021. (D) Primary financial regulatory agency.--With respect to a parent company, the term ``primary financial regulatory agency''-- (i) has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); and (ii) with respect to a parent company for which clause (i) does not apply, means the Corporation. (2) Authority.--The primary financial regulatory agency with respect to a parent company may take any of the following actions with respect to the parent company: (A) Conduct such examinations of, and obtain reports from, the parent company or any subsidiary of the parent company (other than a bank) as the agency determines necessary or appropriate to assess each of the following: (i) The financial condition of the parent company or subsidiary. (ii) The systems of the parent company or subsidiary for maintaining and controlling financial and operating risks. (iii) The transactions of the parent company or subsidiary with depository institution subsidiaries of the parent company. (B) Impose any conditions or restrictions on the parent company or any subsidiary of the parent company (other than a bank), including restricting or prohibiting transactions between the parent company or subsidiary and any depository institution subsidiary of the parent company, if those conditions or restrictions would promote the safety and soundness of the parent company or any of its depository institution subsidiaries. (e) Change of Control.-- (1) In general.--Except as provided in paragraph (2), the appropriate Federal banking agency shall disapprove a change in control, as provided in section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. (2) Exceptions.--Paragraph (1) shall not apply to a change in control of an industrial bank-- (A) that-- (i) is in danger of default, as determined by the appropriate Federal banking agency, provided that the entity acquiring control of the industrial bank is an entity described in clause (iii); (ii) results from the acquisition of voting shares of an issuer that controls the industrial bank and the securities of which are listed on a national securities exchange, if, after the acquisition, the acquiring shareholder (or group of shareholders acting in concert) holds less than 25 percent of any class of the voting shares of, and does not otherwise exercise control over, that issuer; or (iii) will be controlled, directly or indirectly, by an entity subject to consolidated supervision by the Board of Governors of the Federal Reserve System as a-- (I) bank holding company; (II) savings and loan holding company; or (III) foreign bank that is treated, as of July 1, 2020, as a bank holding company under the International Banking Act of 1978 (12 U.S.C. 3101 et seq. ); and (B) that has obtained all regulatory approvals otherwise required with respect to the change in control under any applicable Federal or State law, including section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)). 3. The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is amended by inserting after section 5 (12 U.S.C. 1844) the following: ``SEC. 6. SUPERVISION OF PARENT COMPANIES OF INDUSTRIAL LOAN COMPANIES. ``(a) Definitions.--In this section: ``(1) Corporation.--The term `Corporation' means the Federal Deposit Insurance Corporation. 5301)); and ``(B) that has control over an entity that-- ``(i) is an industrial loan company, industrial bank, or other similar institution; ``(ii) is not a bank; and ``(iii) is not a person regulated by a State insurance regulator, as that term is defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481). ``(2) Conditions.--In carrying out the report and examination authority described in paragraph (1) and with respect to the parent company of an industrial loan company that has been approved to receive deposit insurance from the Corporation on or before September 23, 2021, the Corporation shall tailor any requirements to the size, complexity, and nature of the business of that parent company. ``(3) Enforcement.--The Corporation may, using the authorities under section 8 of the Federal Deposit Insurance Act (12 U.S.C. ``(d) Rulemaking.--The Corporation may issue rules to implement this section.''. SEC. 4. APPLICATION WITH RESPECT TO CONTRACTS AND OTHER AGREEMENTS.

To address applications for deposit insurance submitted by industrial banks to the Federal Deposit Insurance Corporation, and for other purposes. b) Exception From Definition of Bank.--Section 2(c)(2)(H) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2)(H)) is amended, in the matter preceding clause (i), by inserting after ``similar institution'' the following: ``which has been approved to receive deposit insurance from the Federal Deposit Insurance Corporation on or before September 23, 2021 (or, with respect to such an entity to which section 2(c) of the Close the Shadow Banking Loophole Act applies, which is in compliance with such section 2(c)), and''. (c) Treatment of Deposit Insurance Applications Pending on September 23, 2021.-- (1) In general.--With respect to an industrial bank that, on the date of enactment of this Act, has an application to receive deposit insurance pending before the Corporation that was submitted on or before September 23, 2021, the Corporation-- (A) shall provide for a 90-day public comment period and a public hearing with respect to that application; and (B) may only approve that application by a \2/3\ vote of the members of the Board of Directors of the Corporation. ( 3) Rule of construction.--Except to the extent explicitly provided in this subsection, this subsection may not be construed to affect the authority of the Corporation to consider deposit insurance applications under sections 5 and 6 of the Federal Deposit Insurance Act (12 U.S.C. 1815, 1816). ( (B) Covered industrial loan company.--The term ``covered industrial loan company'' means an industrial bank that has an application to receive deposit insurance from the Corporation approved after September 23, 2021. ( D) Primary financial regulatory agency.--With respect to a parent company, the term ``primary financial regulatory agency''-- (i) has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); and (ii) with respect to a parent company for which clause (i) does not apply, means the Corporation. ( (B) Impose any conditions or restrictions on the parent company or any subsidiary of the parent company (other than a bank), including restricting or prohibiting transactions between the parent company or subsidiary and any depository institution subsidiary of the parent company, if those conditions or restrictions would promote the safety and soundness of the parent company or any of its depository institution subsidiaries. ( e) Change of Control.-- (1) In general.--Except as provided in paragraph (2), the appropriate Federal banking agency shall disapprove a change in control, as provided in section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)), of an industrial bank. and (B) that has obtained all regulatory approvals otherwise required with respect to the change in control under any applicable Federal or State law, including section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)). SUPERVISION OF PARENT COMPANIES OF INDUSTRIAL LOAN COMPANIES. is amended by inserting after section 5 (12 U.S.C. 1844) the following: ``SEC. ``(a) Definitions.--In this section: ``(1) Corporation.--The term `Corporation' means the Federal Deposit Insurance Corporation. ``(2) Conditions.--In carrying out the report and examination authority described in paragraph (1) and with respect to the parent company of an industrial loan company that has been approved to receive deposit insurance from the Corporation on or before September 23, 2021, the Corporation shall tailor any requirements to the size, complexity, and nature of the business of that parent company. ``(3) Enforcement.--The Corporation may, using the authorities under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), enforce the report and examination authority under this section with respect to a parent company of an industrial loan company (or a subsidiary of such a parent company) to the same extent as the Board may enforce the report and examination authority of the Board with respect to a bank holding company or a subsidiary of a bank holding company. (b) Application.--This Act, and the amendments made by this Act, may not be construed to affect or impair-- (1) the authority of the Federal Deposit Insurance Corporation to enter into any agreement with a parent company of an industrial loan company (as defined in section 6 of the Bank Holding Company Act of 1956, as added by section 3 of this Act) or an industrial loan company, or to impose any condition in connection with the approval by the Corporation of an application; or (2) the validity of any agreement described in paragraph (1) entered into before the date of enactment of this Act.

To address applications for deposit insurance submitted by industrial banks to the Federal Deposit Insurance Corporation, and for other purposes. b) Exception From Definition of Bank.--Section 2(c)(2)(H) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2)(H)) is amended, in the matter preceding clause (i), by inserting after ``similar institution'' the following: ``which has been approved to receive deposit insurance from the Federal Deposit Insurance Corporation on or before September 23, 2021 (or, with respect to such an entity to which section 2(c) of the Close the Shadow Banking Loophole Act applies, which is in compliance with such section 2(c)), and''. ( (3) Rule of construction.--Except to the extent explicitly provided in this subsection, this subsection may not be construed to affect the authority of the Corporation to consider deposit insurance applications under sections 5 and 6 of the Federal Deposit Insurance Act (12 U.S.C. 1815, 1816). ( D) Primary financial regulatory agency.--With respect to a parent company, the term ``primary financial regulatory agency''-- (i) has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); and (ii) with respect to a parent company for which clause (i) does not apply, means the Corporation. ( (B) Impose any conditions or restrictions on the parent company or any subsidiary of the parent company (other than a bank), including restricting or prohibiting transactions between the parent company or subsidiary and any depository institution subsidiary of the parent company, if those conditions or restrictions would promote the safety and soundness of the parent company or any of its depository institution subsidiaries. ( e) Change of Control.-- (1) In general.--Except as provided in paragraph (2), the appropriate Federal banking agency shall disapprove a change in control, as provided in section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)), of an industrial bank. ( SUPERVISION OF PARENT COMPANIES OF INDUSTRIAL LOAN COMPANIES. ``(3) Enforcement.--The Corporation may, using the authorities under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), enforce the report and examination authority under this section with respect to a parent company of an industrial loan company (or a subsidiary of such a parent company) to the same extent as the Board may enforce the report and examination authority of the Board with respect to a bank holding company or a subsidiary of a bank holding company. ``(c) Rule of Construction.--Nothing in this section may be construed as a reduction of the authority of the Corporation, as in effect on the date of enactment of this section. a) Definition.--In this section, the term ``industrial loan company'' means an industrial loan company, industrial bank, or other similar institution. (

To address applications for deposit insurance submitted by industrial banks to the Federal Deposit Insurance Corporation, and for other purposes. b) Exception From Definition of Bank.--Section 2(c)(2)(H) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2)(H)) is amended, in the matter preceding clause (i), by inserting after ``similar institution'' the following: ``which has been approved to receive deposit insurance from the Federal Deposit Insurance Corporation on or before September 23, 2021 (or, with respect to such an entity to which section 2(c) of the Close the Shadow Banking Loophole Act applies, which is in compliance with such section 2(c)), and''. ( (3) Rule of construction.--Except to the extent explicitly provided in this subsection, this subsection may not be construed to affect the authority of the Corporation to consider deposit insurance applications under sections 5 and 6 of the Federal Deposit Insurance Act (12 U.S.C. 1815, 1816). ( D) Primary financial regulatory agency.--With respect to a parent company, the term ``primary financial regulatory agency''-- (i) has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); and (ii) with respect to a parent company for which clause (i) does not apply, means the Corporation. ( (B) Impose any conditions or restrictions on the parent company or any subsidiary of the parent company (other than a bank), including restricting or prohibiting transactions between the parent company or subsidiary and any depository institution subsidiary of the parent company, if those conditions or restrictions would promote the safety and soundness of the parent company or any of its depository institution subsidiaries. ( e) Change of Control.-- (1) In general.--Except as provided in paragraph (2), the appropriate Federal banking agency shall disapprove a change in control, as provided in section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)), of an industrial bank. ( SUPERVISION OF PARENT COMPANIES OF INDUSTRIAL LOAN COMPANIES. ``(3) Enforcement.--The Corporation may, using the authorities under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), enforce the report and examination authority under this section with respect to a parent company of an industrial loan company (or a subsidiary of such a parent company) to the same extent as the Board may enforce the report and examination authority of the Board with respect to a bank holding company or a subsidiary of a bank holding company. ``(c) Rule of Construction.--Nothing in this section may be construed as a reduction of the authority of the Corporation, as in effect on the date of enactment of this section. a) Definition.--In this section, the term ``industrial loan company'' means an industrial loan company, industrial bank, or other similar institution. (

To address applications for deposit insurance submitted by industrial banks to the Federal Deposit Insurance Corporation, and for other purposes. b) Exception From Definition of Bank.--Section 2(c)(2)(H) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2)(H)) is amended, in the matter preceding clause (i), by inserting after ``similar institution'' the following: ``which has been approved to receive deposit insurance from the Federal Deposit Insurance Corporation on or before September 23, 2021 (or, with respect to such an entity to which section 2(c) of the Close the Shadow Banking Loophole Act applies, which is in compliance with such section 2(c)), and''. (c) Treatment of Deposit Insurance Applications Pending on September 23, 2021.-- (1) In general.--With respect to an industrial bank that, on the date of enactment of this Act, has an application to receive deposit insurance pending before the Corporation that was submitted on or before September 23, 2021, the Corporation-- (A) shall provide for a 90-day public comment period and a public hearing with respect to that application; and (B) may only approve that application by a \2/3\ vote of the members of the Board of Directors of the Corporation. ( 3) Rule of construction.--Except to the extent explicitly provided in this subsection, this subsection may not be construed to affect the authority of the Corporation to consider deposit insurance applications under sections 5 and 6 of the Federal Deposit Insurance Act (12 U.S.C. 1815, 1816). ( (B) Covered industrial loan company.--The term ``covered industrial loan company'' means an industrial bank that has an application to receive deposit insurance from the Corporation approved after September 23, 2021. ( D) Primary financial regulatory agency.--With respect to a parent company, the term ``primary financial regulatory agency''-- (i) has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); and (ii) with respect to a parent company for which clause (i) does not apply, means the Corporation. ( (B) Impose any conditions or restrictions on the parent company or any subsidiary of the parent company (other than a bank), including restricting or prohibiting transactions between the parent company or subsidiary and any depository institution subsidiary of the parent company, if those conditions or restrictions would promote the safety and soundness of the parent company or any of its depository institution subsidiaries. ( e) Change of Control.-- (1) In general.--Except as provided in paragraph (2), the appropriate Federal banking agency shall disapprove a change in control, as provided in section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)), of an industrial bank. and (B) that has obtained all regulatory approvals otherwise required with respect to the change in control under any applicable Federal or State law, including section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)). SUPERVISION OF PARENT COMPANIES OF INDUSTRIAL LOAN COMPANIES. is amended by inserting after section 5 (12 U.S.C. 1844) the following: ``SEC. ``(a) Definitions.--In this section: ``(1) Corporation.--The term `Corporation' means the Federal Deposit Insurance Corporation. ``(2) Conditions.--In carrying out the report and examination authority described in paragraph (1) and with respect to the parent company of an industrial loan company that has been approved to receive deposit insurance from the Corporation on or before September 23, 2021, the Corporation shall tailor any requirements to the size, complexity, and nature of the business of that parent company. ``(3) Enforcement.--The Corporation may, using the authorities under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), enforce the report and examination authority under this section with respect to a parent company of an industrial loan company (or a subsidiary of such a parent company) to the same extent as the Board may enforce the report and examination authority of the Board with respect to a bank holding company or a subsidiary of a bank holding company. (b) Application.--This Act, and the amendments made by this Act, may not be construed to affect or impair-- (1) the authority of the Federal Deposit Insurance Corporation to enter into any agreement with a parent company of an industrial loan company (as defined in section 6 of the Bank Holding Company Act of 1956, as added by section 3 of this Act) or an industrial loan company, or to impose any condition in connection with the approval by the Corporation of an application; or (2) the validity of any agreement described in paragraph (1) entered into before the date of enactment of this Act.

To address applications for deposit insurance submitted by industrial banks to the Federal Deposit Insurance Corporation, and for other purposes. b) Exception From Definition of Bank.--Section 2(c)(2)(H) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2)(H)) is amended, in the matter preceding clause (i), by inserting after ``similar institution'' the following: ``which has been approved to receive deposit insurance from the Federal Deposit Insurance Corporation on or before September 23, 2021 (or, with respect to such an entity to which section 2(c) of the Close the Shadow Banking Loophole Act applies, which is in compliance with such section 2(c)), and''. ( (3) Rule of construction.--Except to the extent explicitly provided in this subsection, this subsection may not be construed to affect the authority of the Corporation to consider deposit insurance applications under sections 5 and 6 of the Federal Deposit Insurance Act (12 U.S.C. 1815, 1816). ( D) Primary financial regulatory agency.--With respect to a parent company, the term ``primary financial regulatory agency''-- (i) has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); and (ii) with respect to a parent company for which clause (i) does not apply, means the Corporation. ( (B) Impose any conditions or restrictions on the parent company or any subsidiary of the parent company (other than a bank), including restricting or prohibiting transactions between the parent company or subsidiary and any depository institution subsidiary of the parent company, if those conditions or restrictions would promote the safety and soundness of the parent company or any of its depository institution subsidiaries. ( e) Change of Control.-- (1) In general.--Except as provided in paragraph (2), the appropriate Federal banking agency shall disapprove a change in control, as provided in section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)), of an industrial bank. ( SUPERVISION OF PARENT COMPANIES OF INDUSTRIAL LOAN COMPANIES. ``(3) Enforcement.--The Corporation may, using the authorities under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), enforce the report and examination authority under this section with respect to a parent company of an industrial loan company (or a subsidiary of such a parent company) to the same extent as the Board may enforce the report and examination authority of the Board with respect to a bank holding company or a subsidiary of a bank holding company. ``(c) Rule of Construction.--Nothing in this section may be construed as a reduction of the authority of the Corporation, as in effect on the date of enactment of this section. a) Definition.--In this section, the term ``industrial loan company'' means an industrial loan company, industrial bank, or other similar institution. (

To address applications for deposit insurance submitted by industrial banks to the Federal Deposit Insurance Corporation, and for other purposes. b) Exception From Definition of Bank.--Section 2(c)(2)(H) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2)(H)) is amended, in the matter preceding clause (i), by inserting after ``similar institution'' the following: ``which has been approved to receive deposit insurance from the Federal Deposit Insurance Corporation on or before September 23, 2021 (or, with respect to such an entity to which section 2(c) of the Close the Shadow Banking Loophole Act applies, which is in compliance with such section 2(c)), and''. ( ( 3) Rule of construction.--Except to the extent explicitly provided in this subsection, this subsection may not be construed to affect the authority of the Corporation to consider deposit insurance applications under sections 5 and 6 of the Federal Deposit Insurance Act (12 U.S.C. 1815, 1816). ( ( D) Primary financial regulatory agency.--With respect to a parent company, the term ``primary financial regulatory agency''-- (i) has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); and (ii) with respect to a parent company for which clause (i) does not apply, means the Corporation. ( ( and (B) that has obtained all regulatory approvals otherwise required with respect to the change in control under any applicable Federal or State law, including section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)). ``(3) Enforcement.--The Corporation may, using the authorities under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), enforce the report and examination authority under this section with respect to a parent company of an industrial loan company (or a subsidiary of such a parent company) to the same extent as the Board may enforce the report and examination authority of the Board with respect to a bank holding company or a subsidiary of a bank holding company. (b) Application.--This Act, and the amendments made by this Act, may not be construed to affect or impair-- (1) the authority of the Federal Deposit Insurance Corporation to enter into any agreement with a parent company of an industrial loan company (as defined in section 6 of the Bank Holding Company Act of 1956, as added by section 3 of this Act) or an industrial loan company, or to impose any condition in connection with the approval by the Corporation of an application; or (2) the validity of any agreement described in paragraph (1) entered into before the date of enactment of this Act.

To address applications for deposit insurance submitted by industrial banks to the Federal Deposit Insurance Corporation, and for other purposes. b) Exception From Definition of Bank.--Section 2(c)(2)(H) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2)(H)) is amended, in the matter preceding clause (i), by inserting after ``similar institution'' the following: ``which has been approved to receive deposit insurance from the Federal Deposit Insurance Corporation on or before September 23, 2021 (or, with respect to such an entity to which section 2(c) of the Close the Shadow Banking Loophole Act applies, which is in compliance with such section 2(c)), and''. ( (3) Rule of construction.--Except to the extent explicitly provided in this subsection, this subsection may not be construed to affect the authority of the Corporation to consider deposit insurance applications under sections 5 and 6 of the Federal Deposit Insurance Act (12 U.S.C. 1815, 1816). ( D) Primary financial regulatory agency.--With respect to a parent company, the term ``primary financial regulatory agency''-- (i) has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); and (ii) with respect to a parent company for which clause (i) does not apply, means the Corporation. ( (B) Impose any conditions or restrictions on the parent company or any subsidiary of the parent company (other than a bank), including restricting or prohibiting transactions between the parent company or subsidiary and any depository institution subsidiary of the parent company, if those conditions or restrictions would promote the safety and soundness of the parent company or any of its depository institution subsidiaries. ( e) Change of Control.-- (1) In general.--Except as provided in paragraph (2), the appropriate Federal banking agency shall disapprove a change in control, as provided in section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)), of an industrial bank. ( SUPERVISION OF PARENT COMPANIES OF INDUSTRIAL LOAN COMPANIES. ``(3) Enforcement.--The Corporation may, using the authorities under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), enforce the report and examination authority under this section with respect to a parent company of an industrial loan company (or a subsidiary of such a parent company) to the same extent as the Board may enforce the report and examination authority of the Board with respect to a bank holding company or a subsidiary of a bank holding company. ``(c) Rule of Construction.--Nothing in this section may be construed as a reduction of the authority of the Corporation, as in effect on the date of enactment of this section. a) Definition.--In this section, the term ``industrial loan company'' means an industrial loan company, industrial bank, or other similar institution. (

To address applications for deposit insurance submitted by industrial banks to the Federal Deposit Insurance Corporation, and for other purposes. b) Exception From Definition of Bank.--Section 2(c)(2)(H) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2)(H)) is amended, in the matter preceding clause (i), by inserting after ``similar institution'' the following: ``which has been approved to receive deposit insurance from the Federal Deposit Insurance Corporation on or before September 23, 2021 (or, with respect to such an entity to which section 2(c) of the Close the Shadow Banking Loophole Act applies, which is in compliance with such section 2(c)), and''. ( ( 3) Rule of construction.--Except to the extent explicitly provided in this subsection, this subsection may not be construed to affect the authority of the Corporation to consider deposit insurance applications under sections 5 and 6 of the Federal Deposit Insurance Act (12 U.S.C. 1815, 1816). ( ( D) Primary financial regulatory agency.--With respect to a parent company, the term ``primary financial regulatory agency''-- (i) has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); and (ii) with respect to a parent company for which clause (i) does not apply, means the Corporation. ( ( and (B) that has obtained all regulatory approvals otherwise required with respect to the change in control under any applicable Federal or State law, including section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)). ``(3) Enforcement.--The Corporation may, using the authorities under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), enforce the report and examination authority under this section with respect to a parent company of an industrial loan company (or a subsidiary of such a parent company) to the same extent as the Board may enforce the report and examination authority of the Board with respect to a bank holding company or a subsidiary of a bank holding company. (b) Application.--This Act, and the amendments made by this Act, may not be construed to affect or impair-- (1) the authority of the Federal Deposit Insurance Corporation to enter into any agreement with a parent company of an industrial loan company (as defined in section 6 of the Bank Holding Company Act of 1956, as added by section 3 of this Act) or an industrial loan company, or to impose any condition in connection with the approval by the Corporation of an application; or (2) the validity of any agreement described in paragraph (1) entered into before the date of enactment of this Act.

To address applications for deposit insurance submitted by industrial banks to the Federal Deposit Insurance Corporation, and for other purposes. e) Change of Control.-- (1) In general.--Except as provided in paragraph (2), the appropriate Federal banking agency shall disapprove a change in control, as provided in section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)), of an industrial bank. ( 1818), enforce the report and examination authority under this section with respect to a parent company of an industrial loan company (or a subsidiary of such a parent company) to the same extent as the Board may enforce the report and examination authority of the Board with respect to a bank holding company or a subsidiary of a bank holding company. ``(c) Rule of Construction.--Nothing in this section may be construed as a reduction of the authority of the Corporation, as in effect on the date of enactment of this section.

To address applications for deposit insurance submitted by industrial banks to the Federal Deposit Insurance Corporation, and for other purposes. b) Exception From Definition of Bank.--Section 2(c)(2)(H) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2)(H)) is amended, in the matter preceding clause (i), by inserting after ``similar institution'' the following: ``which has been approved to receive deposit insurance from the Federal Deposit Insurance Corporation on or before September 23, 2021 (or, with respect to such an entity to which section 2(c) of the Close the Shadow Banking Loophole Act applies, which is in compliance with such section 2(c)), and''. ( ( ( ( and (B) that has obtained all regulatory approvals otherwise required with respect to the change in control under any applicable Federal or State law, including section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)). ``(3) Enforcement.--The Corporation may, using the authorities under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), enforce the report and examination authority under this section with respect to a parent company of an industrial loan company (or a subsidiary of such a parent company) to the same extent as the Board may enforce the report and examination authority of the Board with respect to a bank holding company or a subsidiary of a bank holding company. (

Close the Shadow Banking Loophole Act - Amends the Bank Holding Company Act of 1956 to require the Federal Deposit Insurance Corporation (FDIC) to provide for a 90-day public comment period and a public hearing with respect to an industrial bank that has an application to receive FDIC deposit insurance pending before the FDIC that was submitted on or before September 23, 2021, and to Amends the Bank Holding Company Act of 1956 to authorize the Federal Deposit Insurance Corporation (FDIC) to have the same authority to require a parent company of an industrial loan company (or a subsidiary of such a company) to make reports and submit to examinations as the Board of Governors of the Federal Reserve System (FBR) has with respect to a bank holding company or a subsidiary

S.4924

International Affairs

Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2022 or the PUNISH Act of 2022 This bill extends sanctions and national emergencies related to Iran established by specified executive orders and limits the authority of the President to waive sanctions related to Iran. The bill requires the Department of State to periodically report whether Iran or any foreign person has supported specified activities, including murder or politically motivated detention in Iran of a U.S. citizen.

To continue in effect certain Executive orders imposing sanctions with respect to Iran, to prevent the waiver of certain sanctions imposed by the United States with respect to Iran until the Government of Iran ceases to attempt to assassinate United States officials, other United States citizens, and Iranian nationals residing 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 ``Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2022'' or the ``PUNISH Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Covered executive order.--The term ``covered Executive order'' means any of the following: (A) Executive Order 13871 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to the iron, steel, aluminum, and copper sectors of Iran), as in effect on May 10, 2019. (B) Executive Order 13876 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to Iran), as in effect on June 24, 2019. (C) Executive Order 13902 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to additional sectors of Iran), as in effect on January 10, 2020. (D) Executive Order 13949 (50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to the conventional arms activities of Iran), as in effect on September 21, 2020. (3) Covered provision of law.--The term ``covered provision of law'' means any of the following: (A) This Act. (B) Each covered Executive order. (C) The Iran Sanctions Act of 1996 (Public Law 104- 172; 50 U.S.C. 1701 note). (D) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.). (E) Section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a). (F) The Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.). (G) The Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 8801 et seq.). (H) Title I of the Countering America's Adversaries Through Sanctions Act (22 U.S.C. 9401 et seq.). (I) The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq). (4) Government of iran.--The term ``Government of Iran'' includes-- (A) any agency or instrumentality of the Government of Iran; and (B) any person owned or controlled by that Government. SEC. 3. CONTINUATION IN EFFECT OF CERTAIN EXECUTIVE ORDERS IMPOSING SANCTIONS WITH RESPECT TO IRAN. (a) In General.--Each covered Executive order shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. (b) Continuation in Effect of Sanctions Designations.--With respect to each person designated for the imposition of sanctions pursuant to a covered Executive order before the date of the enactment of this Act, the designation of the person, and sanctions applicable to the person pursuant to the designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. (c) Publication.--In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include at the end an appendix setting forth the text of each covered Executive order. SEC. 4. CONTINUATION IN EFFECT OF NATIONAL EMERGENCIES DECLARED WITH RESPECT TO IRAN. (a) In General.--Notwithstanding subsection (a)(2) or (d) of section 202 of the National Emergencies Act (50 U.S.C. 1622), the national emergencies specified in subsection (b) shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. (b) National Emergencies Specified.--The national emergencies specified in this subsection are the following national emergencies declared with respect to Iran: (1) The national emergency declared by Executive Order 12170 (50 U.S.C. 1701 note; relating to blocking Iranian Government property) and most recently continued by the Notice of the President issued November 9, 2021 (86 Fed. Reg. 62,709). (2) The national emergency declared by Executive Order 12957 (50 U.S.C. 1701 note; relating to prohibiting certain transactions with respect to the development of Iranian petroleum resources) and most recently continued by the Notice of the President issued March 3, 2022 (87 Fed. Reg. 12,555). SEC. 5. CONTINUATION IN EFFECT OF SANCTIONS WITH RESPECT TO THE CENTRAL BANK OF IRAN, THE NATIONAL DEVELOPMENT FUND OF IRAN, THE ETEMAD TEJARTE PARS COMPANY, THE NATIONAL IRANIAN OIL COMPANY, AND THE NATIONAL IRANIAN TANKER COMPANY UNDER EXECUTIVE ORDER 13224. With respect to each Iranian person designated on January 1, 2021, for the imposition of sanctions under Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism), as in effect on September 9, 2019, the designation of the person, and sanctions applicable to the person pursuant to the designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. SEC. 6. CONTINUATION IN EFFECT OF FOREIGN TERRORIST ORGANIZATION DESIGNATION OF THE ISLAMIC REVOLUTIONARY GUARD CORPS. The designation of the Islamic Revolutionary Guard Corps as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), and sanctions applicable to the Islamic Revolutionary Guard Corps pursuant to that designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. SEC. 7. PROHIBITION ON SANCTIONS RELIEF FOR IRANIAN FINANCIAL INSTITUTIONS, INCLUDING WITH RESPECT TO PETROLEUM PURCHASES FROM IRAN. Section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)) is amended by striking paragraph (4) and inserting the following: ``(4) Limitation on authority.--The President may not exercise the authority under paragraph (5) to waive the imposition of sanctions under paragraph (1), or issue any license to authorize the purchase of petroleum or petroleum products from Iran, unless the determination set forth in the most recent report submitted under subsection (a) of section 9 of the Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2022 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5-year period preceding submission of the report.''. SEC. 8. LIMITATION ON WAIVER, SUSPENSION, OR REDUCTION OF SANCTIONS WITH RESPECT TO IRAN. The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5- year period preceding submission of the report. SEC. 9. DETERMINATION ON THE CESSATION OF IRANIAN-SPONSORED ASSASSINATIONS OR ATTEMPTED ASSASSINATIONS OF UNITED STATES CITIZENS AND IRANIAN RESIDENTS OF THE UNITED STATES. (a) Determination Required.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State, in consultation with the Secretary of Defense, the Director of National Intelligence, and the Secretary of the Treasury, shall submit to the appropriate congressional committees a report setting forth a determination of whether the Government of Iran or any foreign person (including any foreign financial institution) has directly or indirectly ordered, controlled, directed, or otherwise supported (including through the use of Iranian agents or affiliates of the Government of Iran, including Hezbollah, Hamas, Kata'ib Hezbollah, Palestinian Islamic Jihad, or any other entity determined to be such an agent or affiliate) any of the activities described in subsection (b) during the 5-year period preceding submission of the report. (b) Activities Described.--The activities described in this subsection are-- (1) the murder, attempted murder, assault, or other use or threat to use violence against-- (A) any current or former official of the Government of the United States, wherever located; (B) any United States citizen or alien lawfully admitted for permanent residence in the United States, wherever located; or (C) any Iranian national residing in the United States; or (2) the politically motivated intimidation, abuse, extortion, or detention or trial-- (A) in Iran, of a United States citizen or alien lawfully admitted for permanent residence in the United States; or (B) outside of Iran, of an Iranian national or resident or individual of Iranian origin. SEC. 10. TERMINATION DATE. The termination date described in this section is the date that is 30 days after the date on which the President submits to Congress the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)). <all>

PUNISH Act of 2022

A bill to continue in effect certain Executive orders imposing sanctions with respect to Iran, to prevent the waiver of certain sanctions imposed by the United States with respect to Iran until the Government of Iran ceases to attempt to assassinate United States officials, other United States citizens, and Iranian nationals residing in the United States, and for other purposes.

PUNISH Act of 2022 Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2022

Sen. Ernst, Joni

R

IA

This bill extends sanctions and national emergencies related to Iran established by specified executive orders and limits the authority of the President to waive sanctions related to Iran. The bill requires the Department of State to periodically report whether Iran or any foreign person has supported specified activities, including murder or politically motivated detention in Iran of a U.S. citizen.

SHORT TITLE. This Act may be cited as the ``Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2022'' or the ``PUNISH Act of 2022''. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (C) Executive Order 13902 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to additional sectors of Iran), as in effect on January 10, 2020. 1701 note). (D) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.). 8513a). (4) Government of iran.--The term ``Government of Iran'' includes-- (A) any agency or instrumentality of the Government of Iran; and (B) any person owned or controlled by that Government. 3. (b) Continuation in Effect of Sanctions Designations.--With respect to each person designated for the imposition of sanctions pursuant to a covered Executive order before the date of the enactment of this Act, the designation of the person, and sanctions applicable to the person pursuant to the designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. 4. CONTINUATION IN EFFECT OF NATIONAL EMERGENCIES DECLARED WITH RESPECT TO IRAN. 62,709). 1701 note; relating to prohibiting certain transactions with respect to the development of Iranian petroleum resources) and most recently continued by the Notice of the President issued March 3, 2022 (87 Fed. Reg. 12,555). 5. 6. CONTINUATION IN EFFECT OF FOREIGN TERRORIST ORGANIZATION DESIGNATION OF THE ISLAMIC REVOLUTIONARY GUARD CORPS. 7. PROHIBITION ON SANCTIONS RELIEF FOR IRANIAN FINANCIAL INSTITUTIONS, INCLUDING WITH RESPECT TO PETROLEUM PURCHASES FROM IRAN. Section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8. The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5- year period preceding submission of the report. 9. DETERMINATION ON THE CESSATION OF IRANIAN-SPONSORED ASSASSINATIONS OR ATTEMPTED ASSASSINATIONS OF UNITED STATES CITIZENS AND IRANIAN RESIDENTS OF THE UNITED STATES. SEC. 10. TERMINATION DATE. 8551(a)).

SHORT TITLE. 2. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (C) Executive Order 13902 (50 U.S.C. 1701 note). 8501 et seq.). 8513a). (4) Government of iran.--The term ``Government of Iran'' includes-- (A) any agency or instrumentality of the Government of Iran; and (B) any person owned or controlled by that Government. 3. (b) Continuation in Effect of Sanctions Designations.--With respect to each person designated for the imposition of sanctions pursuant to a covered Executive order before the date of the enactment of this Act, the designation of the person, and sanctions applicable to the person pursuant to the designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. 4. CONTINUATION IN EFFECT OF NATIONAL EMERGENCIES DECLARED WITH RESPECT TO IRAN. 1701 note; relating to prohibiting certain transactions with respect to the development of Iranian petroleum resources) and most recently continued by the Notice of the President issued March 3, 2022 (87 Fed. Reg. 5. CONTINUATION IN EFFECT OF FOREIGN TERRORIST ORGANIZATION DESIGNATION OF THE ISLAMIC REVOLUTIONARY GUARD CORPS. Section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8. The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5- year period preceding submission of the report. 9. DETERMINATION ON THE CESSATION OF IRANIAN-SPONSORED ASSASSINATIONS OR ATTEMPTED ASSASSINATIONS OF UNITED STATES CITIZENS AND IRANIAN RESIDENTS OF THE UNITED STATES. SEC. 10. TERMINATION DATE.

SHORT TITLE. This Act may be cited as the ``Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2022'' or the ``PUNISH Act of 2022''. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (C) Executive Order 13902 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to additional sectors of Iran), as in effect on January 10, 2020. 1701 note). (D) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.). 8513a). (4) Government of iran.--The term ``Government of Iran'' includes-- (A) any agency or instrumentality of the Government of Iran; and (B) any person owned or controlled by that Government. 3. (b) Continuation in Effect of Sanctions Designations.--With respect to each person designated for the imposition of sanctions pursuant to a covered Executive order before the date of the enactment of this Act, the designation of the person, and sanctions applicable to the person pursuant to the designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. 4. CONTINUATION IN EFFECT OF NATIONAL EMERGENCIES DECLARED WITH RESPECT TO IRAN. 62,709). 1701 note; relating to prohibiting certain transactions with respect to the development of Iranian petroleum resources) and most recently continued by the Notice of the President issued March 3, 2022 (87 Fed. Reg. 12,555). 5. CONTINUATION IN EFFECT OF SANCTIONS WITH RESPECT TO THE CENTRAL BANK OF IRAN, THE NATIONAL DEVELOPMENT FUND OF IRAN, THE ETEMAD TEJARTE PARS COMPANY, THE NATIONAL IRANIAN OIL COMPANY, AND THE NATIONAL IRANIAN TANKER COMPANY UNDER EXECUTIVE ORDER 13224. 6. CONTINUATION IN EFFECT OF FOREIGN TERRORIST ORGANIZATION DESIGNATION OF THE ISLAMIC REVOLUTIONARY GUARD CORPS. 7. PROHIBITION ON SANCTIONS RELIEF FOR IRANIAN FINANCIAL INSTITUTIONS, INCLUDING WITH RESPECT TO PETROLEUM PURCHASES FROM IRAN. Section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8. LIMITATION ON WAIVER, SUSPENSION, OR REDUCTION OF SANCTIONS WITH RESPECT TO IRAN. The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5- year period preceding submission of the report. 9. DETERMINATION ON THE CESSATION OF IRANIAN-SPONSORED ASSASSINATIONS OR ATTEMPTED ASSASSINATIONS OF UNITED STATES CITIZENS AND IRANIAN RESIDENTS OF THE UNITED STATES. (b) Activities Described.--The activities described in this subsection are-- (1) the murder, attempted murder, assault, or other use or threat to use violence against-- (A) any current or former official of the Government of the United States, wherever located; (B) any United States citizen or alien lawfully admitted for permanent residence in the United States, wherever located; or (C) any Iranian national residing in the United States; or (2) the politically motivated intimidation, abuse, extortion, or detention or trial-- (A) in Iran, of a United States citizen or alien lawfully admitted for permanent residence in the United States; or (B) outside of Iran, of an Iranian national or resident or individual of Iranian origin. SEC. 10. TERMINATION DATE. 8551(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 ``Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2022'' or the ``PUNISH Act of 2022''. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. 1701 note; relating to imposing sanctions with respect to Iran), as in effect on June 24, 2019. (C) Executive Order 13902 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to additional sectors of Iran), as in effect on January 10, 2020. 1701 note; relating to blocking property of certain persons with respect to the conventional arms activities of Iran), as in effect on September 21, 2020. 1701 note). (D) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.). 8513a). 8701 et seq.). (G) The Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. (I) The International Emergency Economic Powers Act (50 U.S.C. (4) Government of iran.--The term ``Government of Iran'' includes-- (A) any agency or instrumentality of the Government of Iran; and (B) any person owned or controlled by that Government. 3. (b) Continuation in Effect of Sanctions Designations.--With respect to each person designated for the imposition of sanctions pursuant to a covered Executive order before the date of the enactment of this Act, the designation of the person, and sanctions applicable to the person pursuant to the designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. (c) Publication.--In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include at the end an appendix setting forth the text of each covered Executive order. 4. CONTINUATION IN EFFECT OF NATIONAL EMERGENCIES DECLARED WITH RESPECT TO IRAN. (b) National Emergencies Specified.--The national emergencies specified in this subsection are the following national emergencies declared with respect to Iran: (1) The national emergency declared by Executive Order 12170 (50 U.S.C. 62,709). 1701 note; relating to prohibiting certain transactions with respect to the development of Iranian petroleum resources) and most recently continued by the Notice of the President issued March 3, 2022 (87 Fed. Reg. 12,555). 5. CONTINUATION IN EFFECT OF SANCTIONS WITH RESPECT TO THE CENTRAL BANK OF IRAN, THE NATIONAL DEVELOPMENT FUND OF IRAN, THE ETEMAD TEJARTE PARS COMPANY, THE NATIONAL IRANIAN OIL COMPANY, AND THE NATIONAL IRANIAN TANKER COMPANY UNDER EXECUTIVE ORDER 13224. 6. CONTINUATION IN EFFECT OF FOREIGN TERRORIST ORGANIZATION DESIGNATION OF THE ISLAMIC REVOLUTIONARY GUARD CORPS. 7. PROHIBITION ON SANCTIONS RELIEF FOR IRANIAN FINANCIAL INSTITUTIONS, INCLUDING WITH RESPECT TO PETROLEUM PURCHASES FROM IRAN. Section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8. LIMITATION ON WAIVER, SUSPENSION, OR REDUCTION OF SANCTIONS WITH RESPECT TO IRAN. The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5- year period preceding submission of the report. 9. DETERMINATION ON THE CESSATION OF IRANIAN-SPONSORED ASSASSINATIONS OR ATTEMPTED ASSASSINATIONS OF UNITED STATES CITIZENS AND IRANIAN RESIDENTS OF THE UNITED STATES. (a) Determination Required.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State, in consultation with the Secretary of Defense, the Director of National Intelligence, and the Secretary of the Treasury, shall submit to the appropriate congressional committees a report setting forth a determination of whether the Government of Iran or any foreign person (including any foreign financial institution) has directly or indirectly ordered, controlled, directed, or otherwise supported (including through the use of Iranian agents or affiliates of the Government of Iran, including Hezbollah, Hamas, Kata'ib Hezbollah, Palestinian Islamic Jihad, or any other entity determined to be such an agent or affiliate) any of the activities described in subsection (b) during the 5-year period preceding submission of the report. (b) Activities Described.--The activities described in this subsection are-- (1) the murder, attempted murder, assault, or other use or threat to use violence against-- (A) any current or former official of the Government of the United States, wherever located; (B) any United States citizen or alien lawfully admitted for permanent residence in the United States, wherever located; or (C) any Iranian national residing in the United States; or (2) the politically motivated intimidation, abuse, extortion, or detention or trial-- (A) in Iran, of a United States citizen or alien lawfully admitted for permanent residence in the United States; or (B) outside of Iran, of an Iranian national or resident or individual of Iranian origin. SEC. 10. TERMINATION DATE. 8551(a)).

To continue in effect certain Executive orders imposing sanctions with respect to Iran, to prevent the waiver of certain sanctions imposed by the United States with respect to Iran until the Government of Iran ceases to attempt to assassinate United States officials, other United States citizens, and Iranian nationals residing in the United States, and for other purposes. B) Executive Order 13876 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to Iran), as in effect on June 24, 2019. (C) Executive Order 13902 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to additional sectors of Iran), as in effect on January 10, 2020. ( 3) Covered provision of law.--The term ``covered provision of law'' means any of the following: (A) This Act. ( F) The Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.). ( CONTINUATION IN EFFECT OF CERTAIN EXECUTIVE ORDERS IMPOSING SANCTIONS WITH RESPECT TO IRAN. ( a) In General.--Notwithstanding subsection (a)(2) or (d) of section 202 of the National Emergencies Act (50 U.S.C. 1622), the national emergencies specified in subsection (b) shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. (b) National Emergencies Specified.--The national emergencies specified in this subsection are the following national emergencies declared with respect to Iran: (1) The national emergency declared by Executive Order 12170 (50 U.S.C. 1701 note; relating to blocking Iranian Government property) and most recently continued by the Notice of the President issued November 9, 2021 (86 Fed. With respect to each Iranian person designated on January 1, 2021, for the imposition of sanctions under Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism), as in effect on September 9, 2019, the designation of the person, and sanctions applicable to the person pursuant to the designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. CONTINUATION IN EFFECT OF FOREIGN TERRORIST ORGANIZATION DESIGNATION OF THE ISLAMIC REVOLUTIONARY GUARD CORPS. PROHIBITION ON SANCTIONS RELIEF FOR IRANIAN FINANCIAL INSTITUTIONS, INCLUDING WITH RESPECT TO PETROLEUM PURCHASES FROM IRAN. The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5- year period preceding submission of the report. DETERMINATION ON THE CESSATION OF IRANIAN-SPONSORED ASSASSINATIONS OR ATTEMPTED ASSASSINATIONS OF UNITED STATES CITIZENS AND IRANIAN RESIDENTS OF THE UNITED STATES. ( The termination date described in this section is the date that is 30 days after the date on which the President submits to Congress the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).

To continue in effect certain Executive orders imposing sanctions with respect to Iran, to prevent the waiver of certain sanctions imposed by the United States with respect to Iran until the Government of Iran ceases to attempt to assassinate United States officials, other United States citizens, and Iranian nationals residing in the United States, and for other purposes. B) Executive Order 13876 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to Iran), as in effect on June 24, 2019. ( D) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.). (E) Section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a). ( F) The Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.). ( CONTINUATION IN EFFECT OF NATIONAL EMERGENCIES DECLARED WITH RESPECT TO IRAN. ( 1701 note; relating to blocking Iranian Government property) and most recently continued by the Notice of the President issued November 9, 2021 (86 Fed. 2) The national emergency declared by Executive Order 12957 (50 U.S.C. 1701 note; relating to prohibiting certain transactions with respect to the development of Iranian petroleum resources) and most recently continued by the Notice of the President issued March 3, 2022 (87 Fed. LIMITATION ON WAIVER, SUSPENSION, OR REDUCTION OF SANCTIONS WITH RESPECT TO IRAN. The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5- year period preceding submission of the report. The termination date described in this section is the date that is 30 days after the date on which the President submits to Congress the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).

To continue in effect certain Executive orders imposing sanctions with respect to Iran, to prevent the waiver of certain sanctions imposed by the United States with respect to Iran until the Government of Iran ceases to attempt to assassinate United States officials, other United States citizens, and Iranian nationals residing in the United States, and for other purposes. B) Executive Order 13876 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to Iran), as in effect on June 24, 2019. ( D) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.). (E) Section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a). ( F) The Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.). ( CONTINUATION IN EFFECT OF NATIONAL EMERGENCIES DECLARED WITH RESPECT TO IRAN. ( 1701 note; relating to blocking Iranian Government property) and most recently continued by the Notice of the President issued November 9, 2021 (86 Fed. 2) The national emergency declared by Executive Order 12957 (50 U.S.C. 1701 note; relating to prohibiting certain transactions with respect to the development of Iranian petroleum resources) and most recently continued by the Notice of the President issued March 3, 2022 (87 Fed. LIMITATION ON WAIVER, SUSPENSION, OR REDUCTION OF SANCTIONS WITH RESPECT TO IRAN. The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5- year period preceding submission of the report. The termination date described in this section is the date that is 30 days after the date on which the President submits to Congress the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).

To continue in effect certain Executive orders imposing sanctions with respect to Iran, to prevent the waiver of certain sanctions imposed by the United States with respect to Iran until the Government of Iran ceases to attempt to assassinate United States officials, other United States citizens, and Iranian nationals residing in the United States, and for other purposes. B) Executive Order 13876 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to Iran), as in effect on June 24, 2019. (C) Executive Order 13902 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to additional sectors of Iran), as in effect on January 10, 2020. ( 3) Covered provision of law.--The term ``covered provision of law'' means any of the following: (A) This Act. ( F) The Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.). ( CONTINUATION IN EFFECT OF CERTAIN EXECUTIVE ORDERS IMPOSING SANCTIONS WITH RESPECT TO IRAN. ( a) In General.--Notwithstanding subsection (a)(2) or (d) of section 202 of the National Emergencies Act (50 U.S.C. 1622), the national emergencies specified in subsection (b) shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. (b) National Emergencies Specified.--The national emergencies specified in this subsection are the following national emergencies declared with respect to Iran: (1) The national emergency declared by Executive Order 12170 (50 U.S.C. 1701 note; relating to blocking Iranian Government property) and most recently continued by the Notice of the President issued November 9, 2021 (86 Fed. With respect to each Iranian person designated on January 1, 2021, for the imposition of sanctions under Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism), as in effect on September 9, 2019, the designation of the person, and sanctions applicable to the person pursuant to the designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. CONTINUATION IN EFFECT OF FOREIGN TERRORIST ORGANIZATION DESIGNATION OF THE ISLAMIC REVOLUTIONARY GUARD CORPS. PROHIBITION ON SANCTIONS RELIEF FOR IRANIAN FINANCIAL INSTITUTIONS, INCLUDING WITH RESPECT TO PETROLEUM PURCHASES FROM IRAN. The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5- year period preceding submission of the report. DETERMINATION ON THE CESSATION OF IRANIAN-SPONSORED ASSASSINATIONS OR ATTEMPTED ASSASSINATIONS OF UNITED STATES CITIZENS AND IRANIAN RESIDENTS OF THE UNITED STATES. ( The termination date described in this section is the date that is 30 days after the date on which the President submits to Congress the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).

To continue in effect certain Executive orders imposing sanctions with respect to Iran, to prevent the waiver of certain sanctions imposed by the United States with respect to Iran until the Government of Iran ceases to attempt to assassinate United States officials, other United States citizens, and Iranian nationals residing in the United States, and for other purposes. B) Executive Order 13876 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to Iran), as in effect on June 24, 2019. ( D) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.). (E) Section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a). ( F) The Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.). ( CONTINUATION IN EFFECT OF NATIONAL EMERGENCIES DECLARED WITH RESPECT TO IRAN. ( 1701 note; relating to blocking Iranian Government property) and most recently continued by the Notice of the President issued November 9, 2021 (86 Fed. 2) The national emergency declared by Executive Order 12957 (50 U.S.C. 1701 note; relating to prohibiting certain transactions with respect to the development of Iranian petroleum resources) and most recently continued by the Notice of the President issued March 3, 2022 (87 Fed. LIMITATION ON WAIVER, SUSPENSION, OR REDUCTION OF SANCTIONS WITH RESPECT TO IRAN. The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5- year period preceding submission of the report. The termination date described in this section is the date that is 30 days after the date on which the President submits to Congress the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).

To continue in effect certain Executive orders imposing sanctions with respect to Iran, to prevent the waiver of certain sanctions imposed by the United States with respect to Iran until the Government of Iran ceases to attempt to assassinate United States officials, other United States citizens, and Iranian nationals residing in the United States, and for other purposes. B) Executive Order 13876 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to Iran), as in effect on June 24, 2019. (C) Executive Order 13902 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to additional sectors of Iran), as in effect on January 10, 2020. ( 3) Covered provision of law.--The term ``covered provision of law'' means any of the following: (A) This Act. ( F) The Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.). ( CONTINUATION IN EFFECT OF CERTAIN EXECUTIVE ORDERS IMPOSING SANCTIONS WITH RESPECT TO IRAN. ( a) In General.--Notwithstanding subsection (a)(2) or (d) of section 202 of the National Emergencies Act (50 U.S.C. 1622), the national emergencies specified in subsection (b) shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. (b) National Emergencies Specified.--The national emergencies specified in this subsection are the following national emergencies declared with respect to Iran: (1) The national emergency declared by Executive Order 12170 (50 U.S.C. 1701 note; relating to blocking Iranian Government property) and most recently continued by the Notice of the President issued November 9, 2021 (86 Fed. With respect to each Iranian person designated on January 1, 2021, for the imposition of sanctions under Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism), as in effect on September 9, 2019, the designation of the person, and sanctions applicable to the person pursuant to the designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. CONTINUATION IN EFFECT OF FOREIGN TERRORIST ORGANIZATION DESIGNATION OF THE ISLAMIC REVOLUTIONARY GUARD CORPS. PROHIBITION ON SANCTIONS RELIEF FOR IRANIAN FINANCIAL INSTITUTIONS, INCLUDING WITH RESPECT TO PETROLEUM PURCHASES FROM IRAN. The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5- year period preceding submission of the report. DETERMINATION ON THE CESSATION OF IRANIAN-SPONSORED ASSASSINATIONS OR ATTEMPTED ASSASSINATIONS OF UNITED STATES CITIZENS AND IRANIAN RESIDENTS OF THE UNITED STATES. ( The termination date described in this section is the date that is 30 days after the date on which the President submits to Congress the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).

To continue in effect certain Executive orders imposing sanctions with respect to Iran, to prevent the waiver of certain sanctions imposed by the United States with respect to Iran until the Government of Iran ceases to attempt to assassinate United States officials, other United States citizens, and Iranian nationals residing in the United States, and for other purposes. B) Executive Order 13876 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to Iran), as in effect on June 24, 2019. ( D) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.). (E) Section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a). ( F) The Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.). ( CONTINUATION IN EFFECT OF NATIONAL EMERGENCIES DECLARED WITH RESPECT TO IRAN. ( 1701 note; relating to blocking Iranian Government property) and most recently continued by the Notice of the President issued November 9, 2021 (86 Fed. 2) The national emergency declared by Executive Order 12957 (50 U.S.C. 1701 note; relating to prohibiting certain transactions with respect to the development of Iranian petroleum resources) and most recently continued by the Notice of the President issued March 3, 2022 (87 Fed. LIMITATION ON WAIVER, SUSPENSION, OR REDUCTION OF SANCTIONS WITH RESPECT TO IRAN. The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5- year period preceding submission of the report. The termination date described in this section is the date that is 30 days after the date on which the President submits to Congress the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).

To continue in effect certain Executive orders imposing sanctions with respect to Iran, to prevent the waiver of certain sanctions imposed by the United States with respect to Iran until the Government of Iran ceases to attempt to assassinate United States officials, other United States citizens, and Iranian nationals residing in the United States, and for other purposes. C) Executive Order 13902 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to additional sectors of Iran), as in effect on January 10, 2020. ( 1701 note; relating to blocking Iranian Government property) and most recently continued by the Notice of the President issued November 9, 2021 (86 Fed. The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5- year period preceding submission of the report. ( The termination date described in this section is the date that is 30 days after the date on which the President submits to Congress the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).

To continue in effect certain Executive orders imposing sanctions with respect to Iran, to prevent the waiver of certain sanctions imposed by the United States with respect to Iran until the Government of Iran ceases to attempt to assassinate United States officials, other United States citizens, and Iranian nationals residing in the United States, and for other purposes. B) Executive Order 13876 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to Iran), as in effect on June 24, 2019. ( D) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.). (E) Section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a). ( F) The Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.). ( CONTINUATION IN EFFECT OF NATIONAL EMERGENCIES DECLARED WITH RESPECT TO IRAN. ( 1701 note; relating to blocking Iranian Government property) and most recently continued by the Notice of the President issued November 9, 2021 (86 Fed. 2) The national emergency declared by Executive Order 12957 (50 U.S.C. 1701 note; relating to prohibiting certain transactions with respect to the development of Iranian petroleum resources) and most recently continued by the Notice of the President issued March 3, 2022 (87 Fed. LIMITATION ON WAIVER, SUSPENSION, OR REDUCTION OF SANCTIONS WITH RESPECT TO IRAN. The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5- year period preceding submission of the report. The termination date described in this section is the date that is 30 days after the date on which the President submits to Congress the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).

To continue in effect certain Executive orders imposing sanctions with respect to Iran, to prevent the waiver of certain sanctions imposed by the United States with respect to Iran until the Government of Iran ceases to attempt to assassinate United States officials, other United States citizens, and Iranian nationals residing in the United States, and for other purposes. C) Executive Order 13902 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to additional sectors of Iran), as in effect on January 10, 2020. ( 1701 note; relating to blocking Iranian Government property) and most recently continued by the Notice of the President issued November 9, 2021 (86 Fed. The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5- year period preceding submission of the report. ( The termination date described in this section is the date that is 30 days after the date on which the President submits to Congress the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).

Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2022 or the PUNISH Act of 2021 This bill prohibits the waiver of certain U.S. sanctions with respect to Iran until the Government of Iran ceases to attempt to assassinate U. S. officials, other U. States citizens, and Iranian nationals residing in the United States. The bill also extends the sanctions Amends the National Defense Authorization Act for Fiscal Year 2012 to prohibit the President from exercising authority to waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver, the most recent report submitted under the Preventing Underhanded and Nefarious Iranian Supported Homicides Act

S.4448

Health

Suicide Prevention Act This bill establishes two grant programs to prevent self-harm and suicide. The Centers for Disease Control and Prevention must award grants to state, local, and tribal health departments to expand surveillance of self-harm, and the Substance Abuse and Mental Health Services Administration must award grants to hospital emergency departments for programs to prevent suicide attempts among patients after discharge.

To authorize a pilot program to expand and intensify surveillance of self-harm in partnership with State and local public health departments, to establish a grant program to provide self-harm and suicide prevention services in hospital emergency departments, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Suicide Prevention Act''. SEC. 2. SYNDROMIC SURVEILLANCE OF SELF-HARM BEHAVIORS PROGRAM. Title III of the Public Health Service Act is amended by inserting after section 317U of such Act (42 U.S.C. 247b-23) the following: ``SEC. 317V. SYNDROMIC SURVEILLANCE OF SELF-HARM BEHAVIORS PROGRAM. ``(a) In General.--The Secretary shall award grants to State, local, Tribal, and territorial public health departments for the expansion of surveillance of self-harm. ``(b) Data Sharing by Grantees.--As a condition of receipt of such grant under subsection (a), each grantee shall agree to share with the Centers for Disease Control and Prevention in real time, to the extent feasible and as specified in the grant agreement, data on suicides and self-harm for purposes of-- ``(1) tracking and monitoring self-harm to inform response activities to suicide clusters; ``(2) informing prevention programming for identified at- risk populations; and ``(3) conducting or supporting research. ``(c) Disaggregation of Data.--The Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: ``(1) Nonfatal self-harm data of any intent. ``(2) Data on suicidal ideation. ``(3) Data on self-harm where there is no evidence, whether implicit or explicit, of suicidal intent. ``(4) Data on self-harm where there is evidence, whether implicit or explicit, of suicidal intent. ``(5) Data on self-harm where suicidal intent is unclear based on the available evidence. ``(d) Priority.--In making awards under subsection (a), the Secretary shall give priority to eligible entities that are-- ``(1) located in a State with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined by the Director of the Centers for Disease Control and Prevention; ``(2) serving an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined through appropriate mechanisms determined by the Secretary in consultation with Indian Tribes; or ``(3) located in a State with a high rate of coverage of statewide (or Tribal) emergency department visits, as determined by the Director of the Centers for Disease Control and Prevention. ``(e) Geographic Distribution.--In making grants under this section, the Secretary shall make an effort to ensure geographic distribution, taking into account the unique needs of rural communities, including-- ``(1) communities with an incidence of individuals with serious mental illness, demonstrated suicidal ideation or behavior, or suicide rates that are above the national average, as determined by the Assistant Secretary for Mental Health and Substance Use; ``(2) communities with a shortage of prevention and treatment services, as determined by the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration; and ``(3) other appropriate community-level factors and social determinants of health such as income, employment, and education. ``(f) Period of Participation.--To be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. ``(g) Technical Assistance.--The Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). ``(h) Data Sharing by HHS.--Subject to subsection (b), the Secretary shall, with respect to data on self-harm that is collected pursuant to this section, share and integrate such data through-- ``(1) the platform of the National Syndromic Surveillance Program Early Notification of Community Epidemics (ESSENCE) (or any successor platform); ``(2) the National Violent Death Reporting System, as appropriate; or ``(3) another appropriate surveillance program, including such a program that collects data on suicides and self-harm among special populations, such as members of the military and veterans. ``(i) Rule of Construction Regarding Applicability of Privacy Protections.--Nothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. ``(j) Report.-- ``(1) Submission.--Not later than 3 years after the date of enactment of the Suicide Prevention Act, the Secretary shall evaluate the suicide and self-harm syndromic surveillance systems at the Federal, State, and local levels and submit a report to Congress on the data collected under subsections (b) and (c) in a manner that prevents the disclosure of individually identifiable information, at a minimum, consistent with all applicable privacy laws and regulations. ``(2) Contents.--In addition to the data collected under subsections (b) and (c), the report under paragraph (1) shall include-- ``(A) challenges and gaps in data collection and reporting; ``(B) recommendations to address such gaps and challenges; and ``(C) a description of any public health responses initiated at the Federal, State, or local level in response to the data collected. ``(k) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2023 through 2027.''. SEC. 3. GRANTS TO PROVIDE SELF-HARM AND SUICIDE PREVENTION SERVICES. Part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended by adding at the end the following: ``SEC. 520N. GRANTS TO PROVIDE SELF-HARM AND SUICIDE PREVENTION SERVICES. ``(a) In General.--The Secretary shall award grants to hospital emergency departments to provide self-harm and suicide prevention services. ``(b) Activities Supported.-- ``(1) In general.--A hospital emergency department awarded a grant under subsection (a) shall use amounts under the grant to implement a program or protocol to better prevent suicide attempts among hospital patients after discharge, which may include-- ``(A) screening patients for self-harm and suicide in accordance with the standards of practice described in subsection (e)(1) and standards of care established by appropriate medical and advocacy organizations; ``(B) providing patients short-term self-harm and suicide prevention services in accordance with the results of the screenings described in subparagraph (A); and ``(C) referring patients, as appropriate, to a health care facility or provider for purposes of receiving long-term self-harm and suicide prevention services, and providing any additional follow up services and care identified as appropriate as a result of the screenings and short-term self-harm and suicide prevention services described in subparagraphs (A) and (B). ``(2) Use of funds to hire and train staff.--Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). ``(c) Grant Terms.--A grant awarded under subsection (a)-- ``(1) shall be for a period of 3 years; and ``(2) may be renewed subject to the requirements of this section. ``(d) Applications.--A hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(e) Standards of Practice.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(1)(C). ``(2) Consultation.--The Secretary shall develop the standards of practice described in paragraph (1) in consultation with individuals and entities with expertise in self-harm and suicide prevention, including public, private, and nonprofit entities. ``(f) Reporting.-- ``(1) Reports to the secretary.-- ``(A) In general.--A hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. ``(B) Matters to be included.--The report required under subparagraph (A) shall include-- ``(i) the number of patients receiving-- ``(I) screenings carried out at the hospital emergency department; ``(II) short-term self-harm and suicide prevention services at the hospital emergency department; and ``(III) referrals to health care facilities for the purposes of receiving long-term self-harm and suicide prevention; ``(ii) information on the adherence of the hospital emergency department to the standards of practice described in subsection (f)(1); and ``(iii) other information as the Secretary determines appropriate to evaluate the use of grant funds. ``(2) Reports to congress.--Not later than 2 years after the date of the enactment of the Suicide Prevention Act, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including-- ``(A) a summary of reports received by the Secretary under paragraph (1); and ``(B) an evaluation of the program by the Secretary. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2027.''. <all>

Suicide Prevention Act

A bill to authorize a pilot program to expand and intensify surveillance of self-harm in partnership with State and local public health departments, to establish a grant program to provide self-harm and suicide prevention services in hospital emergency departments, and for other purposes.

Suicide Prevention Act

Sen. Reed, Jack

D

RI

This bill establishes two grant programs to prevent self-harm and suicide. The Centers for Disease Control and Prevention must award grants to state, local, and tribal health departments to expand surveillance of self-harm, and the Substance Abuse and Mental Health Services Administration must award grants to hospital emergency departments for programs to prevent suicide attempts among patients after discharge.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Suicide Prevention Act''. 2. 317V. ``(c) Disaggregation of Data.--The Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: ``(1) Nonfatal self-harm data of any intent. ``(2) Data on suicidal ideation. ``(d) Priority.--In making awards under subsection (a), the Secretary shall give priority to eligible entities that are-- ``(1) located in a State with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined by the Director of the Centers for Disease Control and Prevention; ``(2) serving an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined through appropriate mechanisms determined by the Secretary in consultation with Indian Tribes; or ``(3) located in a State with a high rate of coverage of statewide (or Tribal) emergency department visits, as determined by the Director of the Centers for Disease Control and Prevention. ``(f) Period of Participation.--To be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. ``(i) Rule of Construction Regarding Applicability of Privacy Protections.--Nothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. SEC. 3. 290bb et seq.) 520N. GRANTS TO PROVIDE SELF-HARM AND SUICIDE PREVENTION SERVICES. ``(2) Use of funds to hire and train staff.--Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). ``(B) Matters to be included.--The report required under subparagraph (A) shall include-- ``(i) the number of patients receiving-- ``(I) screenings carried out at the hospital emergency department; ``(II) short-term self-harm and suicide prevention services at the hospital emergency department; and ``(III) referrals to health care facilities for the purposes of receiving long-term self-harm and suicide prevention; ``(ii) information on the adherence of the hospital emergency department to the standards of practice described in subsection (f)(1); and ``(iii) other information as the Secretary determines appropriate to evaluate the use of grant funds. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2027.''.

SHORT TITLE. This Act may be cited as the ``Suicide Prevention Act''. 2. ``(c) Disaggregation of Data.--The Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: ``(1) Nonfatal self-harm data of any intent. ``(2) Data on suicidal ideation. ``(d) Priority.--In making awards under subsection (a), the Secretary shall give priority to eligible entities that are-- ``(1) located in a State with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined by the Director of the Centers for Disease Control and Prevention; ``(2) serving an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined through appropriate mechanisms determined by the Secretary in consultation with Indian Tribes; or ``(3) located in a State with a high rate of coverage of statewide (or Tribal) emergency department visits, as determined by the Director of the Centers for Disease Control and Prevention. ``(f) Period of Participation.--To be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. SEC. 3. GRANTS TO PROVIDE SELF-HARM AND SUICIDE PREVENTION SERVICES. ``(B) Matters to be included.--The report required under subparagraph (A) shall include-- ``(i) the number of patients receiving-- ``(I) screenings carried out at the hospital emergency department; ``(II) short-term self-harm and suicide prevention services at the hospital emergency department; and ``(III) referrals to health care facilities for the purposes of receiving long-term self-harm and suicide prevention; ``(ii) information on the adherence of the hospital emergency department to the standards of practice described in subsection (f)(1); and ``(iii) other information as the Secretary determines appropriate to evaluate the use of grant funds. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $30,000,000 for each 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 ``Suicide Prevention Act''. 2. 317V. SYNDROMIC SURVEILLANCE OF SELF-HARM BEHAVIORS PROGRAM. ``(c) Disaggregation of Data.--The Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: ``(1) Nonfatal self-harm data of any intent. ``(2) Data on suicidal ideation. ``(4) Data on self-harm where there is evidence, whether implicit or explicit, of suicidal intent. ``(d) Priority.--In making awards under subsection (a), the Secretary shall give priority to eligible entities that are-- ``(1) located in a State with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined by the Director of the Centers for Disease Control and Prevention; ``(2) serving an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined through appropriate mechanisms determined by the Secretary in consultation with Indian Tribes; or ``(3) located in a State with a high rate of coverage of statewide (or Tribal) emergency department visits, as determined by the Director of the Centers for Disease Control and Prevention. ``(e) Geographic Distribution.--In making grants under this section, the Secretary shall make an effort to ensure geographic distribution, taking into account the unique needs of rural communities, including-- ``(1) communities with an incidence of individuals with serious mental illness, demonstrated suicidal ideation or behavior, or suicide rates that are above the national average, as determined by the Assistant Secretary for Mental Health and Substance Use; ``(2) communities with a shortage of prevention and treatment services, as determined by the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration; and ``(3) other appropriate community-level factors and social determinants of health such as income, employment, and education. ``(f) Period of Participation.--To be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. ``(g) Technical Assistance.--The Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). ``(i) Rule of Construction Regarding Applicability of Privacy Protections.--Nothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. SEC. 3. 290bb et seq.) is amended by adding at the end the following: ``SEC. 520N. GRANTS TO PROVIDE SELF-HARM AND SUICIDE PREVENTION SERVICES. ``(2) Use of funds to hire and train staff.--Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). ``(f) Reporting.-- ``(1) Reports to the secretary.-- ``(A) In general.--A hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. ``(B) Matters to be included.--The report required under subparagraph (A) shall include-- ``(i) the number of patients receiving-- ``(I) screenings carried out at the hospital emergency department; ``(II) short-term self-harm and suicide prevention services at the hospital emergency department; and ``(III) referrals to health care facilities for the purposes of receiving long-term self-harm and suicide prevention; ``(ii) information on the adherence of the hospital emergency department to the standards of practice described in subsection (f)(1); and ``(iii) other information as the Secretary determines appropriate to evaluate the use of grant funds. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $30,000,000 for each 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 ``Suicide Prevention Act''. 2. 247b-23) the following: ``SEC. 317V. SYNDROMIC SURVEILLANCE OF SELF-HARM BEHAVIORS PROGRAM. ``(b) Data Sharing by Grantees.--As a condition of receipt of such grant under subsection (a), each grantee shall agree to share with the Centers for Disease Control and Prevention in real time, to the extent feasible and as specified in the grant agreement, data on suicides and self-harm for purposes of-- ``(1) tracking and monitoring self-harm to inform response activities to suicide clusters; ``(2) informing prevention programming for identified at- risk populations; and ``(3) conducting or supporting research. ``(c) Disaggregation of Data.--The Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: ``(1) Nonfatal self-harm data of any intent. ``(2) Data on suicidal ideation. ``(4) Data on self-harm where there is evidence, whether implicit or explicit, of suicidal intent. ``(d) Priority.--In making awards under subsection (a), the Secretary shall give priority to eligible entities that are-- ``(1) located in a State with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined by the Director of the Centers for Disease Control and Prevention; ``(2) serving an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined through appropriate mechanisms determined by the Secretary in consultation with Indian Tribes; or ``(3) located in a State with a high rate of coverage of statewide (or Tribal) emergency department visits, as determined by the Director of the Centers for Disease Control and Prevention. ``(e) Geographic Distribution.--In making grants under this section, the Secretary shall make an effort to ensure geographic distribution, taking into account the unique needs of rural communities, including-- ``(1) communities with an incidence of individuals with serious mental illness, demonstrated suicidal ideation or behavior, or suicide rates that are above the national average, as determined by the Assistant Secretary for Mental Health and Substance Use; ``(2) communities with a shortage of prevention and treatment services, as determined by the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration; and ``(3) other appropriate community-level factors and social determinants of health such as income, employment, and education. ``(f) Period of Participation.--To be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. ``(g) Technical Assistance.--The Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). ``(h) Data Sharing by HHS.--Subject to subsection (b), the Secretary shall, with respect to data on self-harm that is collected pursuant to this section, share and integrate such data through-- ``(1) the platform of the National Syndromic Surveillance Program Early Notification of Community Epidemics (ESSENCE) (or any successor platform); ``(2) the National Violent Death Reporting System, as appropriate; or ``(3) another appropriate surveillance program, including such a program that collects data on suicides and self-harm among special populations, such as members of the military and veterans. ``(i) Rule of Construction Regarding Applicability of Privacy Protections.--Nothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. ``(2) Contents.--In addition to the data collected under subsections (b) and (c), the report under paragraph (1) shall include-- ``(A) challenges and gaps in data collection and reporting; ``(B) recommendations to address such gaps and challenges; and ``(C) a description of any public health responses initiated at the Federal, State, or local level in response to the data collected. SEC. 3. Part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended by adding at the end the following: ``SEC. 520N. GRANTS TO PROVIDE SELF-HARM AND SUICIDE PREVENTION SERVICES. ``(2) Use of funds to hire and train staff.--Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). ``(e) Standards of Practice.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(1)(C). ``(f) Reporting.-- ``(1) Reports to the secretary.-- ``(A) In general.--A hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. ``(B) Matters to be included.--The report required under subparagraph (A) shall include-- ``(i) the number of patients receiving-- ``(I) screenings carried out at the hospital emergency department; ``(II) short-term self-harm and suicide prevention services at the hospital emergency department; and ``(III) referrals to health care facilities for the purposes of receiving long-term self-harm and suicide prevention; ``(ii) information on the adherence of the hospital emergency department to the standards of practice described in subsection (f)(1); and ``(iii) other information as the Secretary determines appropriate to evaluate the use of grant funds. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2027.''.

To authorize a pilot program to expand and intensify surveillance of self-harm in partnership with State and local public health departments, to establish a grant program to provide self-harm and suicide prevention services in hospital emergency departments, and for other purposes. ``(a) In General.--The Secretary shall award grants to State, local, Tribal, and territorial public health departments for the expansion of surveillance of self-harm. ``(c) Disaggregation of Data.--The Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: ``(1) Nonfatal self-harm data of any intent. ``(5) Data on self-harm where suicidal intent is unclear based on the available evidence. ``(f) Period of Participation.--To be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. ``(g) Technical Assistance.--The Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). ``(i) Rule of Construction Regarding Applicability of Privacy Protections.--Nothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. ``(j) Report.-- ``(1) Submission.--Not later than 3 years after the date of enactment of the Suicide Prevention Act, the Secretary shall evaluate the suicide and self-harm syndromic surveillance systems at the Federal, State, and local levels and submit a report to Congress on the data collected under subsections (b) and (c) in a manner that prevents the disclosure of individually identifiable information, at a minimum, consistent with all applicable privacy laws and regulations. ``(2) Contents.--In addition to the data collected under subsections (b) and (c), the report under paragraph (1) shall include-- ``(A) challenges and gaps in data collection and reporting; ``(B) recommendations to address such gaps and challenges; and ``(C) a description of any public health responses initiated at the Federal, State, or local level in response to the data collected. ``(a) In General.--The Secretary shall award grants to hospital emergency departments to provide self-harm and suicide prevention services. ``(2) Use of funds to hire and train staff.--Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). ``(c) Grant Terms.--A grant awarded under subsection (a)-- ``(1) shall be for a period of 3 years; and ``(2) may be renewed subject to the requirements of this section. ``(d) Applications.--A hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(e) Standards of Practice.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(1)(C). ``(2) Reports to congress.--Not later than 2 years after the date of the enactment of the Suicide Prevention Act, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including-- ``(A) a summary of reports received by the Secretary under paragraph (1); and ``(B) an evaluation of the program by the Secretary. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2027.''.

To authorize a pilot program to expand and intensify surveillance of self-harm in partnership with State and local public health departments, to establish a grant program to provide self-harm and suicide prevention services in hospital emergency departments, and for other purposes. SYNDROMIC SURVEILLANCE OF SELF-HARM BEHAVIORS PROGRAM. ``(c) Disaggregation of Data.--The Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: ``(1) Nonfatal self-harm data of any intent. ``(f) Period of Participation.--To be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. ``(g) Technical Assistance.--The Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). ``(i) Rule of Construction Regarding Applicability of Privacy Protections.--Nothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. ``(a) In General.--The Secretary shall award grants to hospital emergency departments to provide self-harm and suicide prevention services. ``(2) Use of funds to hire and train staff.--Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). ``(d) Applications.--A hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(f) Reporting.-- ``(1) Reports to the secretary.-- ``(A) In general.--A hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. ``(2) Reports to congress.--Not later than 2 years after the date of the enactment of the Suicide Prevention Act, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including-- ``(A) a summary of reports received by the Secretary under paragraph (1); and ``(B) an evaluation of the program by the Secretary.

To authorize a pilot program to expand and intensify surveillance of self-harm in partnership with State and local public health departments, to establish a grant program to provide self-harm and suicide prevention services in hospital emergency departments, and for other purposes. SYNDROMIC SURVEILLANCE OF SELF-HARM BEHAVIORS PROGRAM. ``(c) Disaggregation of Data.--The Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: ``(1) Nonfatal self-harm data of any intent. ``(f) Period of Participation.--To be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. ``(g) Technical Assistance.--The Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). ``(i) Rule of Construction Regarding Applicability of Privacy Protections.--Nothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. ``(a) In General.--The Secretary shall award grants to hospital emergency departments to provide self-harm and suicide prevention services. ``(2) Use of funds to hire and train staff.--Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). ``(d) Applications.--A hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(f) Reporting.-- ``(1) Reports to the secretary.-- ``(A) In general.--A hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. ``(2) Reports to congress.--Not later than 2 years after the date of the enactment of the Suicide Prevention Act, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including-- ``(A) a summary of reports received by the Secretary under paragraph (1); and ``(B) an evaluation of the program by the Secretary.

To authorize a pilot program to expand and intensify surveillance of self-harm in partnership with State and local public health departments, to establish a grant program to provide self-harm and suicide prevention services in hospital emergency departments, and for other purposes. ``(a) In General.--The Secretary shall award grants to State, local, Tribal, and territorial public health departments for the expansion of surveillance of self-harm. ``(c) Disaggregation of Data.--The Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: ``(1) Nonfatal self-harm data of any intent. ``(5) Data on self-harm where suicidal intent is unclear based on the available evidence. ``(f) Period of Participation.--To be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. ``(g) Technical Assistance.--The Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). ``(i) Rule of Construction Regarding Applicability of Privacy Protections.--Nothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. ``(j) Report.-- ``(1) Submission.--Not later than 3 years after the date of enactment of the Suicide Prevention Act, the Secretary shall evaluate the suicide and self-harm syndromic surveillance systems at the Federal, State, and local levels and submit a report to Congress on the data collected under subsections (b) and (c) in a manner that prevents the disclosure of individually identifiable information, at a minimum, consistent with all applicable privacy laws and regulations. ``(2) Contents.--In addition to the data collected under subsections (b) and (c), the report under paragraph (1) shall include-- ``(A) challenges and gaps in data collection and reporting; ``(B) recommendations to address such gaps and challenges; and ``(C) a description of any public health responses initiated at the Federal, State, or local level in response to the data collected. ``(a) In General.--The Secretary shall award grants to hospital emergency departments to provide self-harm and suicide prevention services. ``(2) Use of funds to hire and train staff.--Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). ``(c) Grant Terms.--A grant awarded under subsection (a)-- ``(1) shall be for a period of 3 years; and ``(2) may be renewed subject to the requirements of this section. ``(d) Applications.--A hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(e) Standards of Practice.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(1)(C). ``(2) Reports to congress.--Not later than 2 years after the date of the enactment of the Suicide Prevention Act, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including-- ``(A) a summary of reports received by the Secretary under paragraph (1); and ``(B) an evaluation of the program by the Secretary. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2027.''.

To authorize a pilot program to expand and intensify surveillance of self-harm in partnership with State and local public health departments, to establish a grant program to provide self-harm and suicide prevention services in hospital emergency departments, and for other purposes. SYNDROMIC SURVEILLANCE OF SELF-HARM BEHAVIORS PROGRAM. ``(c) Disaggregation of Data.--The Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: ``(1) Nonfatal self-harm data of any intent. ``(f) Period of Participation.--To be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. ``(g) Technical Assistance.--The Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). ``(i) Rule of Construction Regarding Applicability of Privacy Protections.--Nothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. ``(a) In General.--The Secretary shall award grants to hospital emergency departments to provide self-harm and suicide prevention services. ``(2) Use of funds to hire and train staff.--Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). ``(d) Applications.--A hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(f) Reporting.-- ``(1) Reports to the secretary.-- ``(A) In general.--A hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. ``(2) Reports to congress.--Not later than 2 years after the date of the enactment of the Suicide Prevention Act, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including-- ``(A) a summary of reports received by the Secretary under paragraph (1); and ``(B) an evaluation of the program by the Secretary.

To authorize a pilot program to expand and intensify surveillance of self-harm in partnership with State and local public health departments, to establish a grant program to provide self-harm and suicide prevention services in hospital emergency departments, and for other purposes. ``(a) In General.--The Secretary shall award grants to State, local, Tribal, and territorial public health departments for the expansion of surveillance of self-harm. ``(c) Disaggregation of Data.--The Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: ``(1) Nonfatal self-harm data of any intent. ``(5) Data on self-harm where suicidal intent is unclear based on the available evidence. ``(f) Period of Participation.--To be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. ``(g) Technical Assistance.--The Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). ``(i) Rule of Construction Regarding Applicability of Privacy Protections.--Nothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. ``(j) Report.-- ``(1) Submission.--Not later than 3 years after the date of enactment of the Suicide Prevention Act, the Secretary shall evaluate the suicide and self-harm syndromic surveillance systems at the Federal, State, and local levels and submit a report to Congress on the data collected under subsections (b) and (c) in a manner that prevents the disclosure of individually identifiable information, at a minimum, consistent with all applicable privacy laws and regulations. ``(2) Contents.--In addition to the data collected under subsections (b) and (c), the report under paragraph (1) shall include-- ``(A) challenges and gaps in data collection and reporting; ``(B) recommendations to address such gaps and challenges; and ``(C) a description of any public health responses initiated at the Federal, State, or local level in response to the data collected. ``(a) In General.--The Secretary shall award grants to hospital emergency departments to provide self-harm and suicide prevention services. ``(2) Use of funds to hire and train staff.--Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). ``(c) Grant Terms.--A grant awarded under subsection (a)-- ``(1) shall be for a period of 3 years; and ``(2) may be renewed subject to the requirements of this section. ``(d) Applications.--A hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(e) Standards of Practice.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(1)(C). ``(2) Reports to congress.--Not later than 2 years after the date of the enactment of the Suicide Prevention Act, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including-- ``(A) a summary of reports received by the Secretary under paragraph (1); and ``(B) an evaluation of the program by the Secretary. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2027.''.

To authorize a pilot program to expand and intensify surveillance of self-harm in partnership with State and local public health departments, to establish a grant program to provide self-harm and suicide prevention services in hospital emergency departments, and for other purposes. SYNDROMIC SURVEILLANCE OF SELF-HARM BEHAVIORS PROGRAM. ``(c) Disaggregation of Data.--The Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: ``(1) Nonfatal self-harm data of any intent. ``(f) Period of Participation.--To be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. ``(g) Technical Assistance.--The Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). ``(i) Rule of Construction Regarding Applicability of Privacy Protections.--Nothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. ``(a) In General.--The Secretary shall award grants to hospital emergency departments to provide self-harm and suicide prevention services. ``(2) Use of funds to hire and train staff.--Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). ``(d) Applications.--A hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(f) Reporting.-- ``(1) Reports to the secretary.-- ``(A) In general.--A hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. ``(2) Reports to congress.--Not later than 2 years after the date of the enactment of the Suicide Prevention Act, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including-- ``(A) a summary of reports received by the Secretary under paragraph (1); and ``(B) an evaluation of the program by the Secretary.

To authorize a pilot program to expand and intensify surveillance of self-harm in partnership with State and local public health departments, to establish a grant program to provide self-harm and suicide prevention services in hospital emergency departments, and for other purposes. ``(a) In General.--The Secretary shall award grants to State, local, Tribal, and territorial public health departments for the expansion of surveillance of self-harm. ``(j) Report.-- ``(1) Submission.--Not later than 3 years after the date of enactment of the Suicide Prevention Act, the Secretary shall evaluate the suicide and self-harm syndromic surveillance systems at the Federal, State, and local levels and submit a report to Congress on the data collected under subsections (b) and (c) in a manner that prevents the disclosure of individually identifiable information, at a minimum, consistent with all applicable privacy laws and regulations. ``(2) Use of funds to hire and train staff.--Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). ``(d) Applications.--A hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(e) Standards of Practice.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(1)(C).

To authorize a pilot program to expand and intensify surveillance of self-harm in partnership with State and local public health departments, to establish a grant program to provide self-harm and suicide prevention services in hospital emergency departments, and for other purposes. ``(f) Reporting.-- ``(1) Reports to the secretary.-- ``(A) In general.--A hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. ``(2) Reports to congress.--Not later than 2 years after the date of the enactment of the Suicide Prevention Act, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including-- ``(A) a summary of reports received by the Secretary under paragraph (1); and ``(B) an evaluation of the program by the Secretary.

To authorize a pilot program to expand and intensify surveillance of self-harm in partnership with State and local public health departments, to establish a grant program to provide self-harm and suicide prevention services in hospital emergency departments, and for other purposes. ``(a) In General.--The Secretary shall award grants to State, local, Tribal, and territorial public health departments for the expansion of surveillance of self-harm. ``(j) Report.-- ``(1) Submission.--Not later than 3 years after the date of enactment of the Suicide Prevention Act, the Secretary shall evaluate the suicide and self-harm syndromic surveillance systems at the Federal, State, and local levels and submit a report to Congress on the data collected under subsections (b) and (c) in a manner that prevents the disclosure of individually identifiable information, at a minimum, consistent with all applicable privacy laws and regulations. ``(2) Use of funds to hire and train staff.--Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). ``(d) Applications.--A hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(e) Standards of Practice.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(1)(C).

Suicide Prevention Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to award grants to state, local, tribal, and territorial public health departments for the expansion of surveillance of self-harm. Requires grantees to agree to share with the Centers for Disease Control and Prevention (CDC) in real time data on suicides and self- This bill directs the Centers for Disease Control and Prevention (CDC) to award three-year grants to hospitals to implement a program or protocol to better prevent suicide attempts among hospital patients after discharge, which may include: (1) screening patients for self-harm and suicide in accordance with the standards of practice and standards of care established by appropriate medical and advocacy organizations; (2) providing patients

S.3010

Economics and Public Finance

Maximizing America's Prosperity Act of 2021 This bill establishes annual spending limits that are equal to specified percentages of potential gross domestic product (GDP). Potential GDP generally refers to the GDP that would occur if the economy were at full employment without inflation. The spending limits apply to all budget authority and outlays of the federal government excluding net interest. The bill establishes procedures for enforcing the spending limits, including requirements for sequestration (i.e., automatic spending cuts) and for the President's budget and congressional budget resolutions to comply with the limits. The bill also requires at least 1% of total discretionary spending for each year to be reserved for emergencies.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This title may be cited as the ``Maximizing America's Prosperity Act of 2021''. SEC. 2. TOTAL SPENDING LIMITS. (a) Total Spending Limits.--Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901) is amended to read as follows: ``SEC. 251. TOTAL SPENDING LIMITS. ``(a) Projections.-- ``(1) OMB report.--OMB shall prepare a report comparing projected total spending under section 257 and the total spending limits in subsection (c), and include such report in the budget as submitted by the President annually under section 1105(a) of title 31, United States Code. ``(2) CBO report.--CBO shall prepare a report comparing projected total spending under section 257 and the total spending limits in subsection (c), and include such report in the CBO annual baseline and reestimate of the President's budget. ``(3) Inclusion in spending reduction orders.--Reports prepared pursuant to this subsection shall be included in a spending reduction order issued under subsection (b). ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(2) Calculation of spending reduction.--Subject to paragraph (3), each non-exempt budget account shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to achieve the required automatic spending reduction. ``(3) Limitation on reduction.--No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. ``(c) Fiscal Years of the Total Spending Period.--The total spending limit for each fiscal year shall be as follows: ``(1) Fiscal year 2022: 18.9 percent of potential GDP. ``(2) Fiscal year 2023: 18.6 percent of potential GDP. ``(3) Fiscal year 2024: 18.2 percent of potential GDP. ``(4) Fiscal year 2025: 18.4 percent of potential GDP. ``(5) Fiscal year 2026: 18.3 percent of potential GDP. ``(6) Fiscal year 2027: 18.2 percent of potential GDP. ``(7) Fiscal year 2028: 18.6 percent of potential GDP. ``(8) Fiscal year 2029: 17.9 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. ``(10) Fiscal year 2031 and subsequent fiscal years: 17.5 percent of potential GDP. ``(d) Reduction for Unfunded Federal Mandates.--The amount determined under subsection (c) with respect to each fiscal year shall be reduced by an amount equal to the amount of the unfunded direct costs with respect to such fiscal year of Federal mandates (as such terms are defined in section 421 of the Congressional Budget Act of 1974 (2 U.S.C. 658)) enacted after the date of the enactment of the Maximizing America's Prosperity Act of 2021. Such amount shall not be treated as being less than zero with respect to any fiscal year.''. (b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) The term `total spending limit' means the maximum permissible total spending of the Government set forth as a percentage of estimated potential GDP specified in section 251(c). ``(23) The term `potential GDP' means the gross domestic product that would occur if the economy were at full employment, not exceeding the employment level at which inflation would accelerate.''. (c) Conforming Amendments.--Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) is amended-- (1) in section 254 (2 U.S.C. 904)-- (A) in subsection (a), in the table, by inserting ``and spending reduction'' after ``sequestration'' each place it appears; (B) in subsection (c)-- (i) in the subsection heading, by inserting ``and Spending Reduction'' after ``Sequestration''; (ii) in paragraph (1), by striking ``discretionary, pay-as-you-go, and deficit sequestration'' and inserting ``pay-as-you-go and deficit sequestration and regarding spending reduction''; (iii) by striking paragraph (2) and inserting the following: ``(2) Spending reduction report.--The preview reports shall set forth for the budget year estimates for each of the following: ``(A) Estimated total spending. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c).''; (C) in subsection (e)-- (i) in the subsection heading, by inserting ``and Spending Reduction'' after ``Sequestration''; and (ii) by inserting ``and spending reduction'' after ``sequestration'' each place it appears; and (D) in subsection (f)-- (i) in the subsection heading, by inserting ``and Spending Reduction'' after ``Sequestration''; (ii) in paragraph (1), by inserting ``and spending reduction'' after ``sequestration''; (iii) by striking paragraph (2); (iv) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and (v) in paragraph (2), as so redesignated-- (I) in the heading, by inserting ``and spending reduction '' before `` reports''; (II) in the first sentence, by inserting ``spending reduction report'' after ``preview reports''; and (III) by striking the second sentence and inserting the following: ``In addition, these reports shall contain, for the budget year, for each account to be sequestered or subject to a spending reduction, as the case may be, estimates of the baseline level of sequestrable or reducible budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered or reduced and resulting outlay reductions.''; (vi) in paragraph (3), as so redesignated, by striking ``sequesterable'' and inserting ``sequestrable or reducible''; and (vii) in paragraph (4), as so redesignated-- (I) by inserting ``or spending reduction'' after ``final sequestration''; (II) by inserting ``or spending reduction'' before ``is required''; and (III) by inserting ``or spending reductions, as the case may be,'' after ``sequestrations''; (2) in section 257(a) (2 U.S.C. 907(a)), by inserting ``total spending,'' after ``outlays,''; and (3) in section 258C(a)(1) (2 U.S.C. 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. (d) Table of Contents.--The table of contents in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(a)) is amended by striking the item relating to section 251 and inserting the following: ``Sec. 251. Total spending limits.''. SEC. 3. ALLOCATION FOR EMERGENCIES. (a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. (b) Budget of the President.--Section 1105(a)(14) of title 31, United States Code, is amended by inserting ``, including an amount for emergency spending not less than 1 percent of all discretionary spending for that year'' before the period. SEC. 4. PRESIDENT'S BUDGET SUBMISSIONS TO CONGRESS. Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America's Prosperity Act of 2021. ``(2) Any budget transmitted pursuant to subsection (a) or paragraph (1) for a fiscal year shall include a prioritization of spending (as described in section 256(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985), by ranking all programs, projects, and activities of the Government in five categories from the-- ``(A) vital to the general welfare and requires national policy; ``(B) important to the general welfare and requires national policy; ``(C) important to the general welfare and benefits from national policy; ``(D) advances the general welfare and can largely be accomplished by non-Federal entities; and ``(E) does not clearly advance the general welfare and may be unsuited for national policy; with not less than 12 percent of total spending falling into any one category.''. SEC. 5. CONCURRENT RESOLUTIONS ON THE BUDGET. (a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (b) Conforming Amendment.--Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) are each amended by striking ``and 312(c)'' and inserting ``312(c), and 312(g)''. Calendar No. 151 117th CONGRESS 1st Session S. 3010 _______________________________________________________________________

Maximizing America’s Prosperity Act of 2021

A bill to cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget.

Maximizing America’s Prosperity Act of 2021

Sen. Braun, Mike

R

IN

This bill establishes annual spending limits that are equal to specified percentages of potential gross domestic product (GDP). Potential GDP generally refers to the GDP that would occur if the economy were at full employment without inflation. The spending limits apply to all budget authority and outlays of the federal government excluding net interest. The bill establishes procedures for enforcing the spending limits, including requirements for sequestration (i.e., automatic spending cuts) and for the President's budget and congressional budget resolutions to comply with the limits. The bill also requires at least 1% of total discretionary spending for each year to be reserved for emergencies.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This title may be cited as the ``Maximizing America's Prosperity Act of 2021''. 2. TOTAL SPENDING LIMITS. ``(3) Inclusion in spending reduction orders.--Reports prepared pursuant to this subsection shall be included in a spending reduction order issued under subsection (b). ``(3) Limitation on reduction.--No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. ``(5) Fiscal year 2026: 18.3 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. Such amount shall not be treated as being less than zero with respect to any fiscal year.''. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(23) The term `potential GDP' means the gross domestic product that would occur if the economy were at full employment, not exceeding the employment level at which inflation would accelerate.''. is amended-- (1) in section 254 (2 U.S.C. ''; (vi) in paragraph (3), as so redesignated, by striking ``sequesterable'' and inserting ``sequestrable or reducible''; and (vii) in paragraph (4), as so redesignated-- (I) by inserting ``or spending reduction'' after ``final sequestration''; (II) by inserting ``or spending reduction'' before ``is required''; and (III) by inserting ``or spending reductions, as the case may be,'' after ``sequestrations''; (2) in section 257(a) (2 U.S.C. (d) Table of Contents.--The table of contents in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 251. ALLOCATION FOR EMERGENCIES. 4. PRESIDENT'S BUDGET SUBMISSIONS TO CONGRESS. ``(2) Any budget transmitted pursuant to subsection (a) or paragraph (1) for a fiscal year shall include a prioritization of spending (as described in section 256(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985), by ranking all programs, projects, and activities of the Government in five categories from the-- ``(A) vital to the general welfare and requires national policy; ``(B) important to the general welfare and requires national policy; ``(C) important to the general welfare and benefits from national policy; ``(D) advances the general welfare and can largely be accomplished by non-Federal entities; and ``(E) does not clearly advance the general welfare and may be unsuited for national policy; with not less than 12 percent of total spending falling into any one category.''. SEC. CONCURRENT RESOLUTIONS ON THE BUDGET. (a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. Calendar No. 151 117th CONGRESS 1st Session S. 3010 _______________________________________________________________________

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This title may be cited as the ``Maximizing America's Prosperity Act of 2021''. 2. TOTAL SPENDING LIMITS. ``(3) Inclusion in spending reduction orders.--Reports prepared pursuant to this subsection shall be included in a spending reduction order issued under subsection (b). ``(3) Limitation on reduction.--No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. ``(5) Fiscal year 2026: 18.3 percent of potential GDP. Such amount shall not be treated as being less than zero with respect to any fiscal year.''. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. is amended-- (1) in section 254 (2 U.S.C. ''; (vi) in paragraph (3), as so redesignated, by striking ``sequesterable'' and inserting ``sequestrable or reducible''; and (vii) in paragraph (4), as so redesignated-- (I) by inserting ``or spending reduction'' after ``final sequestration''; (II) by inserting ``or spending reduction'' before ``is required''; and (III) by inserting ``or spending reductions, as the case may be,'' after ``sequestrations''; (2) in section 257(a) (2 U.S.C. (d) Table of Contents.--The table of contents in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 251. ALLOCATION FOR EMERGENCIES. 4. PRESIDENT'S BUDGET SUBMISSIONS TO CONGRESS. SEC. CONCURRENT RESOLUTIONS ON THE BUDGET. (a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. Calendar No.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This title may be cited as the ``Maximizing America's Prosperity Act of 2021''. 2. 901) is amended to read as follows: ``SEC. TOTAL SPENDING LIMITS. ``(2) CBO report.--CBO shall prepare a report comparing projected total spending under section 257 and the total spending limits in subsection (c), and include such report in the CBO annual baseline and reestimate of the President's budget. ``(3) Inclusion in spending reduction orders.--Reports prepared pursuant to this subsection shall be included in a spending reduction order issued under subsection (b). ``(3) Limitation on reduction.--No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. ``(5) Fiscal year 2026: 18.3 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. ``(d) Reduction for Unfunded Federal Mandates.--The amount determined under subsection (c) with respect to each fiscal year shall be reduced by an amount equal to the amount of the unfunded direct costs with respect to such fiscal year of Federal mandates (as such terms are defined in section 421 of the Congressional Budget Act of 1974 (2 U.S.C. Such amount shall not be treated as being less than zero with respect to any fiscal year.''. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(23) The term `potential GDP' means the gross domestic product that would occur if the economy were at full employment, not exceeding the employment level at which inflation would accelerate.''. 900 et seq.) is amended-- (1) in section 254 (2 U.S.C. ``(B) Estimate of potential GDP. ''; (vi) in paragraph (3), as so redesignated, by striking ``sequesterable'' and inserting ``sequestrable or reducible''; and (vii) in paragraph (4), as so redesignated-- (I) by inserting ``or spending reduction'' after ``final sequestration''; (II) by inserting ``or spending reduction'' before ``is required''; and (III) by inserting ``or spending reductions, as the case may be,'' after ``sequestrations''; (2) in section 257(a) (2 U.S.C. 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. (d) Table of Contents.--The table of contents in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 251. ALLOCATION FOR EMERGENCIES. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. 4. PRESIDENT'S BUDGET SUBMISSIONS TO CONGRESS. Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America's Prosperity Act of 2021. ``(2) Any budget transmitted pursuant to subsection (a) or paragraph (1) for a fiscal year shall include a prioritization of spending (as described in section 256(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985), by ranking all programs, projects, and activities of the Government in five categories from the-- ``(A) vital to the general welfare and requires national policy; ``(B) important to the general welfare and requires national policy; ``(C) important to the general welfare and benefits from national policy; ``(D) advances the general welfare and can largely be accomplished by non-Federal entities; and ``(E) does not clearly advance the general welfare and may be unsuited for national policy; with not less than 12 percent of total spending falling into any one category.''. SEC. CONCURRENT RESOLUTIONS ON THE BUDGET. (a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. Calendar No. 151 117th CONGRESS 1st Session S. 3010 _______________________________________________________________________

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This title may be cited as the ``Maximizing America's Prosperity Act of 2021''. 2. 901) is amended to read as follows: ``SEC. TOTAL SPENDING LIMITS. ``(2) CBO report.--CBO shall prepare a report comparing projected total spending under section 257 and the total spending limits in subsection (c), and include such report in the CBO annual baseline and reestimate of the President's budget. ``(3) Inclusion in spending reduction orders.--Reports prepared pursuant to this subsection shall be included in a spending reduction order issued under subsection (b). ``(3) Limitation on reduction.--No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. ``(5) Fiscal year 2026: 18.3 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. ``(d) Reduction for Unfunded Federal Mandates.--The amount determined under subsection (c) with respect to each fiscal year shall be reduced by an amount equal to the amount of the unfunded direct costs with respect to such fiscal year of Federal mandates (as such terms are defined in section 421 of the Congressional Budget Act of 1974 (2 U.S.C. Such amount shall not be treated as being less than zero with respect to any fiscal year.''. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(23) The term `potential GDP' means the gross domestic product that would occur if the economy were at full employment, not exceeding the employment level at which inflation would accelerate.''. 900 et seq.) is amended-- (1) in section 254 (2 U.S.C. ``(B) Estimate of potential GDP. ''; (C) in subsection (e)-- (i) in the subsection heading, by inserting ``and Spending Reduction'' after ``Sequestration''; and (ii) by inserting ``and spending reduction'' after ``sequestration'' each place it appears; and (D) in subsection (f)-- (i) in the subsection heading, by inserting ``and Spending Reduction'' after ``Sequestration''; (ii) in paragraph (1), by inserting ``and spending reduction'' after ``sequestration''; (iii) by striking paragraph (2); (iv) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and (v) in paragraph (2), as so redesignated-- (I) in the heading, by inserting ``and spending reduction '' before `` reports''; (II) in the first sentence, by inserting ``spending reduction report'' after ``preview reports''; and (III) by striking the second sentence and inserting the following: ``In addition, these reports shall contain, for the budget year, for each account to be sequestered or subject to a spending reduction, as the case may be, estimates of the baseline level of sequestrable or reducible budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered or reduced and resulting outlay reductions. ''; (vi) in paragraph (3), as so redesignated, by striking ``sequesterable'' and inserting ``sequestrable or reducible''; and (vii) in paragraph (4), as so redesignated-- (I) by inserting ``or spending reduction'' after ``final sequestration''; (II) by inserting ``or spending reduction'' before ``is required''; and (III) by inserting ``or spending reductions, as the case may be,'' after ``sequestrations''; (2) in section 257(a) (2 U.S.C. 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. (d) Table of Contents.--The table of contents in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 251. ALLOCATION FOR EMERGENCIES. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. 4. PRESIDENT'S BUDGET SUBMISSIONS TO CONGRESS. Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America's Prosperity Act of 2021. ``(2) Any budget transmitted pursuant to subsection (a) or paragraph (1) for a fiscal year shall include a prioritization of spending (as described in section 256(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985), by ranking all programs, projects, and activities of the Government in five categories from the-- ``(A) vital to the general welfare and requires national policy; ``(B) important to the general welfare and requires national policy; ``(C) important to the general welfare and benefits from national policy; ``(D) advances the general welfare and can largely be accomplished by non-Federal entities; and ``(E) does not clearly advance the general welfare and may be unsuited for national policy; with not less than 12 percent of total spending falling into any one category.''. SEC. CONCURRENT RESOLUTIONS ON THE BUDGET. (a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. (b) Conforming Amendment.--Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) are each amended by striking ``and 312(c)'' and inserting ``312(c), and 312(g)''. Calendar No. 151 117th CONGRESS 1st Session S. 3010 _______________________________________________________________________

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(2) Calculation of spending reduction.--Subject to paragraph (3), each non-exempt budget account shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to achieve the required automatic spending reduction. ``(3) Limitation on reduction.--No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. ``(6) Fiscal year 2027: 18.2 percent of potential GDP. ``(d) Reduction for Unfunded Federal Mandates.--The amount determined under subsection (c) with respect to each fiscal year shall be reduced by an amount equal to the amount of the unfunded direct costs with respect to such fiscal year of Federal mandates (as such terms are defined in section 421 of the Congressional Budget Act of 1974 (2 U.S.C. 658)) enacted after the date of the enactment of the Maximizing America's Prosperity Act of 2021. b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c). vi) in paragraph (3), as so redesignated, by striking ``sequesterable'' and inserting ``sequestrable or reducible''; and (vii) in paragraph (4), as so redesignated-- (I) by inserting ``or spending reduction'' after ``final sequestration''; (II) by inserting ``or spending reduction'' before ``is required''; and (III) by inserting ``or spending reductions, as the case may be,'' after ``sequestrations''; (2) in section 257(a) (2 U.S.C. 907(a)), by inserting ``total spending,'' after ``outlays,''; and (3) in section 258C(a)(1) (2 U.S.C. 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. ( a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America's Prosperity Act of 2021. a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. ( b) Conforming Amendment.--Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) are each amended by striking ``and 312(c)'' and inserting ``312(c), and 312(g)''.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. TOTAL SPENDING LIMITS. ( ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(3) Fiscal year 2024: 18.2 percent of potential GDP. ``(5) Fiscal year 2026: 18.3 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c). ''; ( 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. ( a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( CONCURRENT RESOLUTIONS ON THE BUDGET. ( a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. TOTAL SPENDING LIMITS. ( ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(3) Fiscal year 2024: 18.2 percent of potential GDP. ``(5) Fiscal year 2026: 18.3 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c). ''; ( 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. ( a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( CONCURRENT RESOLUTIONS ON THE BUDGET. ( a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(2) Calculation of spending reduction.--Subject to paragraph (3), each non-exempt budget account shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to achieve the required automatic spending reduction. ``(3) Limitation on reduction.--No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. ``(6) Fiscal year 2027: 18.2 percent of potential GDP. ``(d) Reduction for Unfunded Federal Mandates.--The amount determined under subsection (c) with respect to each fiscal year shall be reduced by an amount equal to the amount of the unfunded direct costs with respect to such fiscal year of Federal mandates (as such terms are defined in section 421 of the Congressional Budget Act of 1974 (2 U.S.C. 658)) enacted after the date of the enactment of the Maximizing America's Prosperity Act of 2021. b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c). vi) in paragraph (3), as so redesignated, by striking ``sequesterable'' and inserting ``sequestrable or reducible''; and (vii) in paragraph (4), as so redesignated-- (I) by inserting ``or spending reduction'' after ``final sequestration''; (II) by inserting ``or spending reduction'' before ``is required''; and (III) by inserting ``or spending reductions, as the case may be,'' after ``sequestrations''; (2) in section 257(a) (2 U.S.C. 907(a)), by inserting ``total spending,'' after ``outlays,''; and (3) in section 258C(a)(1) (2 U.S.C. 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. ( a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America's Prosperity Act of 2021. a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. ( b) Conforming Amendment.--Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) are each amended by striking ``and 312(c)'' and inserting ``312(c), and 312(g)''.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. TOTAL SPENDING LIMITS. ( ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(3) Fiscal year 2024: 18.2 percent of potential GDP. ``(5) Fiscal year 2026: 18.3 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c). ''; ( 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. ( a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( CONCURRENT RESOLUTIONS ON THE BUDGET. ( a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(2) Calculation of spending reduction.--Subject to paragraph (3), each non-exempt budget account shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to achieve the required automatic spending reduction. ``(3) Limitation on reduction.--No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. ``(6) Fiscal year 2027: 18.2 percent of potential GDP. ``(d) Reduction for Unfunded Federal Mandates.--The amount determined under subsection (c) with respect to each fiscal year shall be reduced by an amount equal to the amount of the unfunded direct costs with respect to such fiscal year of Federal mandates (as such terms are defined in section 421 of the Congressional Budget Act of 1974 (2 U.S.C. 658)) enacted after the date of the enactment of the Maximizing America's Prosperity Act of 2021. b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c). vi) in paragraph (3), as so redesignated, by striking ``sequesterable'' and inserting ``sequestrable or reducible''; and (vii) in paragraph (4), as so redesignated-- (I) by inserting ``or spending reduction'' after ``final sequestration''; (II) by inserting ``or spending reduction'' before ``is required''; and (III) by inserting ``or spending reductions, as the case may be,'' after ``sequestrations''; (2) in section 257(a) (2 U.S.C. 907(a)), by inserting ``total spending,'' after ``outlays,''; and (3) in section 258C(a)(1) (2 U.S.C. 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. ( a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America's Prosperity Act of 2021. a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. ( b) Conforming Amendment.--Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) are each amended by striking ``and 312(c)'' and inserting ``312(c), and 312(g)''.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. TOTAL SPENDING LIMITS. ( ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(3) Fiscal year 2024: 18.2 percent of potential GDP. ``(5) Fiscal year 2026: 18.3 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c). ''; ( 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. ( a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( CONCURRENT RESOLUTIONS ON THE BUDGET. ( a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America's Prosperity Act of 2021. a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. TOTAL SPENDING LIMITS. ( ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(3) Fiscal year 2024: 18.2 percent of potential GDP. ``(5) Fiscal year 2026: 18.3 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c). ''; ( 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. ( a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( CONCURRENT RESOLUTIONS ON THE BUDGET. ( a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America's Prosperity Act of 2021. a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (

Maximizing America's Prosperity Act of 2021 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to: (1) revise the total spending limits for each fiscal year; and (2) require the Office of Management and Budget (OMB) to prepare a report comparing projected total spending and the limits in the budget submitted by the President annually. (Currently, Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to: (1) provide for the allocation of new budget authority and outlays to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget; and (2) require the President to include an amount for emergency spending not less than one percent of all discretionary spending before the period of sequestration.

H.R.8271

Crime and Law Enforcement

ATF Data and Anti-Trafficking Accountability Act or the ATF DATA Act This bill directs the Bureau of Alcohol, Tobacco, Firearms and Explosives to report to Congress and make publicly available certain data sets regarding firearms tracing data.

To require the publication of data sets regarding firearm trace data. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``ATF Data and Anti-Trafficking Accountability Act'' or the ``ATF DATA Act''. SEC. 2. REQUIRING THE PUBLICATION OF DATA SETS REGARDING FIREARM TRACE DATA. (a) In General.--Within 6 months after the date of the enactment of this Act and not less frequently than annually thereafter, the Attorney General, through the Bureau of Alcohol, Tobacco, Firearms and Explosives (in this section referred to as the ``Bureau''), shall submit to the Congress and make available to the public through electronic means a report that contains, at a minimum, the following information with respect to the then most recently completed calendar year (in this section referred to as the ``period'') for which data is available: (1) Aggregated firearm trace data collected by the Bureau during the period, disaggregated by the license type of the source licensee. (2) A list of the 200 source licensees to whom the highest number of firearms were traced during the period, including-- (A) the aggregate number of firearms traced to each such licensee, disaggregated by handguns, rifles, and shotguns; (B) the cities from which the firearms were recovered; (C) the average time-to-crime of the firearms traced to each such licensee; (D) the categories (determined by the Attorney General) of crimes committed with the firearms traced to each such licensee, if such information is available; (E) the number of traced firearms transferred by each licensee in any multiple sale; and (F) the number of firearms traced to each licensee that the licensee reported, pursuant to section 923(g)(6) of title 18, United States Code, as lost or stolen. (3) Aggregated data for the period on-- (A) the distribution among source licensees of the following, disaggregated by licensee type, by total number, by percentage, and by source State-- (i) 0 or more traced firearms; (ii) 1 or more traced firearms; (iii) 2 or more traced firearms; (iv) 5 or more traced firearms; (v) 10 or more traced firearms; (vi) 25 or more traced firearms; and (vii) 50 or more traced firearms; and (B) the number of source licensees with any firearms traces, disaggregated by State. (4) Aggregated firearm trace data for the period, disaggregated by the 50 Metropolitan Statistical Areas with the highest overall homicide rates (as determined by the Attorney General) for the period and by the 50 such areas with the highest per capita homicide rates (as so determined) for the period, as listed in the Federal Bureau of Investigation report, entitled ``Crime in the U.S.'', covering the period or other national crime data used by the Bureau of Alcohol, Tobacco, Firearms and Explosives for the period, including-- (A) the total number of firearms recovered; (B) the number and percentage of firearms recovered from the 10 source States where the 10 greatest numbers of initial retail sales of the firearms occurred; (C) the 20 source licensees who made the 20 greatest numbers of initial retail sales of the firearms recovered; (D) the number of recovered firearms traced to each of the 20 licensees referred to in subparagraph (C), further disaggregated by-- (i) the average time-to-crime for the firearms traced to the licensee; and (ii) the number of firearms traced to the licensee with respect to which the time-to- crime was less than 3 years; (E) the identities of the Federal, State, or local government agency that recovered the firearms; (F) the types of firearms recovered; and (G) the total number of recovered firearms with a time-to-crime of-- (i) less than 3 years; (ii) less than 2 years; and (iii) less than 1 year. (5) Data, aggregated by State, related to the types of firearms traced during the period, including-- (A) the category (as determined by the Attorney General) of crime leading to recovery, where the information is available; (B) the 10 manufacturers who made the 10 greatest numbers of the firearms, the firearm models of the 10 greatest number of the firearms, the 10 most recovered finishes or colors of the firearms, and the 10 most recovered barrel lengths of the firearms; and (C) the average time-to-crime for each subcategory (as determined by the Attorney General) of crime committed with the firearms. (6) The number of traced firearms sold as part of a multiple sale recovered during the period, disaggregated by State and by-- (A) the number of-- (i) handguns; and (ii) rifles the source State of which requires the reporting of rifle sales that are part of a multiple sale of rifles; (B) the average time-to-crime for the firearms; and (C) the percentage of the firearms recovered in the State in which initially purchased. (7) The following data on traced firearms determined to have been lost by or stolen from a licensee during the period, disaggregated by State: (A) The number of the firearms, further disaggregated by licensee type. (B) The number of the firearms, further disaggregated by average time-to-crime. (C) The percentage of the firearms not reported by licensees as lost or stolen before the date of the trace request for the firearm involved. (D) The percentage of the firearms recovered in the State in which the business premises from which the source licensee conducts business subject to the license is located. (E) The number of licensees who have had 2 or more firearms lost or stolen in the 5 years preceding the period. (F) The number of firearms lost or stolen from licensees referred to in subparagraph (E). (G) The number of reports of lost or stolen firearms filed by licensees referred to in subparagraph (E). (H) The number of incidents of theft or lost referred to in subparagraph (E) reported by licensees before the date of the trace request for the firearm involved. (8) The total number of privately made firearms recovered during the period, disaggregated by-- (A) the State in which the firearm was recovered; (B) the type of firearm; and (C) the firearm brand, if known. (9) A list, disaggregated by whole number and by per capita, of-- (A) the 50 law enforcement agencies in the United States that requested the greatest number of firearm traces during the period; and (B) the 10 law enforcement agencies in the United States that requested the greatest number of traces per State during the period. (10) The aggregate number of traces during the period of firearms with serial numbers engraved or cast on the receiver or frame of the firearm in accordance with section 923(i) of such title that were recovered in a foreign country and submitted to the Bureau for tracing, disaggregated by-- (A) the foreign country in which recovered; (B) the number and percentage that were originally purchased in the United States; (C) the average time-to-crime for the firearms; (D) the number of firearms sold as part of a multiple sale; and (E) the type of firearm. (11) An overview and analysis of-- (A) firearms trafficking patterns in the United States; (B) firearms trafficking investigations undertaken by the Department of Justice, including at a minimum-- (i) the number of firearms diverted from legal to illegal commerce by the targets of firearms trafficking investigations; (ii) a description of how the trafficking investigations were initiated, including the number and percentage that were initiated through-- (I) multiple sales records; (II) crime gun trace data analysis; (III) inspections of licensees; or (IV) licensee reporting of lost or stolen firearms; (iii) the number and percentage of firearms trafficking investigations in which youth and juveniles were involved as possessors, straw purchasers, thieves, robbers, or traffickers; (iv) a description of the crimes firearms traffickers were charged with, and convicted of, and the number and percentage of investigations and defendants that involved those crimes; and (v) a breakdown by State of the number and percentage of firearms trafficking investigations; and (C) the role of sales by unlicensed individuals or entities in firearms trafficking, including sales facilitated-- (i) at gun shows; or (ii) through online forums. (b) Definitions.--In this section: (1) The terms ``firearm'', ``importer'', ``manufacturer'', ``licensed manufacturer'', ``dealer'', ``handgun'', ``rifle'', and ``shotgun'' have the meanings provided the terms, respectively, in section 921(a) of title 18, United States Code. (2) The term ``time-to-crime'' means, with respect to a firearm, the length of time between the date of the initial retail sale of the firearm and the date of the trace request for the firearm. (3) The term ``multiple sale'' means the sale or other disposition of 2 or more firearms at one time, or within 5 consecutive business days, that is required by law to be reported to the Attorney General. (4) The term ``source licensee'' means, with respect to a firearm, the person licensed under chapter 44 of title 18, United States Code, who made the initial sale of the firearm to an unlicensed person. (5) The term ``source State'' means, with respect to a firearm, the State or other territory of the United States where the initial retail sale of the firearm occurred. (6) The term ``privately made firearm'' means a firearm that-- (A) is assembled or otherwise made by a person other than a licensed manufacturer; and (B) is not identified by means of a serial number or other mark engraved or cast on the receiver or frame by a licensed manufacturer or licensed dealer. <all>

ATF DATA Act

To require the publication of data sets regarding firearm trace data.

ATF DATA Act ATF Data and Anti-Trafficking Accountability Act

Rep. Schiff, Adam B.

D

CA

This bill directs the Bureau of Alcohol, Tobacco, Firearms and Explosives to report to Congress and make publicly available certain data sets regarding firearms tracing data.

To require the publication of data sets regarding firearm trace data. This Act may be cited as the ``ATF Data and Anti-Trafficking Accountability Act'' or the ``ATF DATA Act''. (a) In General.--Within 6 months after the date of the enactment of this Act and not less frequently than annually thereafter, the Attorney General, through the Bureau of Alcohol, Tobacco, Firearms and Explosives (in this section referred to as the ``Bureau''), shall submit to the Congress and make available to the public through electronic means a report that contains, at a minimum, the following information with respect to the then most recently completed calendar year (in this section referred to as the ``period'') for which data is available: (1) Aggregated firearm trace data collected by the Bureau during the period, disaggregated by the license type of the source licensee. (2) A list of the 200 source licensees to whom the highest number of firearms were traced during the period, including-- (A) the aggregate number of firearms traced to each such licensee, disaggregated by handguns, rifles, and shotguns; (B) the cities from which the firearms were recovered; (C) the average time-to-crime of the firearms traced to each such licensee; (D) the categories (determined by the Attorney General) of crimes committed with the firearms traced to each such licensee, if such information is available; (E) the number of traced firearms transferred by each licensee in any multiple sale; and (F) the number of firearms traced to each licensee that the licensee reported, pursuant to section 923(g)(6) of title 18, United States Code, as lost or stolen. (C) The percentage of the firearms not reported by licensees as lost or stolen before the date of the trace request for the firearm involved. (8) The total number of privately made firearms recovered during the period, disaggregated by-- (A) the State in which the firearm was recovered; (B) the type of firearm; and (C) the firearm brand, if known. (9) A list, disaggregated by whole number and by per capita, of-- (A) the 50 law enforcement agencies in the United States that requested the greatest number of firearm traces during the period; and (B) the 10 law enforcement agencies in the United States that requested the greatest number of traces per State during the period. (6) The term ``privately made firearm'' means a firearm that-- (A) is assembled or otherwise made by a person other than a licensed manufacturer; and (B) is not identified by means of a serial number or other mark engraved or cast on the receiver or frame by a licensed manufacturer or licensed dealer.

To require the publication of data sets regarding firearm trace data. This Act may be cited as the ``ATF Data and Anti-Trafficking Accountability Act'' or the ``ATF DATA Act''. (2) A list of the 200 source licensees to whom the highest number of firearms were traced during the period, including-- (A) the aggregate number of firearms traced to each such licensee, disaggregated by handguns, rifles, and shotguns; (B) the cities from which the firearms were recovered; (C) the average time-to-crime of the firearms traced to each such licensee; (D) the categories (determined by the Attorney General) of crimes committed with the firearms traced to each such licensee, if such information is available; (E) the number of traced firearms transferred by each licensee in any multiple sale; and (F) the number of firearms traced to each licensee that the licensee reported, pursuant to section 923(g)(6) of title 18, United States Code, as lost or stolen. (C) The percentage of the firearms not reported by licensees as lost or stolen before the date of the trace request for the firearm involved. (8) The total number of privately made firearms recovered during the period, disaggregated by-- (A) the State in which the firearm was recovered; (B) the type of firearm; and (C) the firearm brand, if known. (9) A list, disaggregated by whole number and by per capita, of-- (A) the 50 law enforcement agencies in the United States that requested the greatest number of firearm traces during the period; and (B) the 10 law enforcement agencies in the United States that requested the greatest number of traces per State during the period. (6) The term ``privately made firearm'' means a firearm that-- (A) is assembled or otherwise made by a person other than a licensed manufacturer; and (B) is not identified by means of a serial number or other mark engraved or cast on the receiver or frame by a licensed manufacturer or licensed dealer.

To require the publication of data sets regarding firearm trace data. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``ATF Data and Anti-Trafficking Accountability Act'' or the ``ATF DATA Act''. SEC. (a) In General.--Within 6 months after the date of the enactment of this Act and not less frequently than annually thereafter, the Attorney General, through the Bureau of Alcohol, Tobacco, Firearms and Explosives (in this section referred to as the ``Bureau''), shall submit to the Congress and make available to the public through electronic means a report that contains, at a minimum, the following information with respect to the then most recently completed calendar year (in this section referred to as the ``period'') for which data is available: (1) Aggregated firearm trace data collected by the Bureau during the period, disaggregated by the license type of the source licensee. (2) A list of the 200 source licensees to whom the highest number of firearms were traced during the period, including-- (A) the aggregate number of firearms traced to each such licensee, disaggregated by handguns, rifles, and shotguns; (B) the cities from which the firearms were recovered; (C) the average time-to-crime of the firearms traced to each such licensee; (D) the categories (determined by the Attorney General) of crimes committed with the firearms traced to each such licensee, if such information is available; (E) the number of traced firearms transferred by each licensee in any multiple sale; and (F) the number of firearms traced to each licensee that the licensee reported, pursuant to section 923(g)(6) of title 18, United States Code, as lost or stolen. (C) The percentage of the firearms not reported by licensees as lost or stolen before the date of the trace request for the firearm involved. (D) The percentage of the firearms recovered in the State in which the business premises from which the source licensee conducts business subject to the license is located. (H) The number of incidents of theft or lost referred to in subparagraph (E) reported by licensees before the date of the trace request for the firearm involved. (8) The total number of privately made firearms recovered during the period, disaggregated by-- (A) the State in which the firearm was recovered; (B) the type of firearm; and (C) the firearm brand, if known. (9) A list, disaggregated by whole number and by per capita, of-- (A) the 50 law enforcement agencies in the United States that requested the greatest number of firearm traces during the period; and (B) the 10 law enforcement agencies in the United States that requested the greatest number of traces per State during the period. (11) An overview and analysis of-- (A) firearms trafficking patterns in the United States; (B) firearms trafficking investigations undertaken by the Department of Justice, including at a minimum-- (i) the number of firearms diverted from legal to illegal commerce by the targets of firearms trafficking investigations; (ii) a description of how the trafficking investigations were initiated, including the number and percentage that were initiated through-- (I) multiple sales records; (II) crime gun trace data analysis; (III) inspections of licensees; or (IV) licensee reporting of lost or stolen firearms; (iii) the number and percentage of firearms trafficking investigations in which youth and juveniles were involved as possessors, straw purchasers, thieves, robbers, or traffickers; (iv) a description of the crimes firearms traffickers were charged with, and convicted of, and the number and percentage of investigations and defendants that involved those crimes; and (v) a breakdown by State of the number and percentage of firearms trafficking investigations; and (C) the role of sales by unlicensed individuals or entities in firearms trafficking, including sales facilitated-- (i) at gun shows; or (ii) through online forums. (5) The term ``source State'' means, with respect to a firearm, the State or other territory of the United States where the initial retail sale of the firearm occurred. (6) The term ``privately made firearm'' means a firearm that-- (A) is assembled or otherwise made by a person other than a licensed manufacturer; and (B) is not identified by means of a serial number or other mark engraved or cast on the receiver or frame by a licensed manufacturer or licensed dealer.

To require the publication of data sets regarding firearm trace data. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``ATF Data and Anti-Trafficking Accountability Act'' or the ``ATF DATA Act''. SEC. (a) In General.--Within 6 months after the date of the enactment of this Act and not less frequently than annually thereafter, the Attorney General, through the Bureau of Alcohol, Tobacco, Firearms and Explosives (in this section referred to as the ``Bureau''), shall submit to the Congress and make available to the public through electronic means a report that contains, at a minimum, the following information with respect to the then most recently completed calendar year (in this section referred to as the ``period'') for which data is available: (1) Aggregated firearm trace data collected by the Bureau during the period, disaggregated by the license type of the source licensee. (2) A list of the 200 source licensees to whom the highest number of firearms were traced during the period, including-- (A) the aggregate number of firearms traced to each such licensee, disaggregated by handguns, rifles, and shotguns; (B) the cities from which the firearms were recovered; (C) the average time-to-crime of the firearms traced to each such licensee; (D) the categories (determined by the Attorney General) of crimes committed with the firearms traced to each such licensee, if such information is available; (E) the number of traced firearms transferred by each licensee in any multiple sale; and (F) the number of firearms traced to each licensee that the licensee reported, pursuant to section 923(g)(6) of title 18, United States Code, as lost or stolen. (C) The percentage of the firearms not reported by licensees as lost or stolen before the date of the trace request for the firearm involved. (D) The percentage of the firearms recovered in the State in which the business premises from which the source licensee conducts business subject to the license is located. (H) The number of incidents of theft or lost referred to in subparagraph (E) reported by licensees before the date of the trace request for the firearm involved. (8) The total number of privately made firearms recovered during the period, disaggregated by-- (A) the State in which the firearm was recovered; (B) the type of firearm; and (C) the firearm brand, if known. (9) A list, disaggregated by whole number and by per capita, of-- (A) the 50 law enforcement agencies in the United States that requested the greatest number of firearm traces during the period; and (B) the 10 law enforcement agencies in the United States that requested the greatest number of traces per State during the period. (10) The aggregate number of traces during the period of firearms with serial numbers engraved or cast on the receiver or frame of the firearm in accordance with section 923(i) of such title that were recovered in a foreign country and submitted to the Bureau for tracing, disaggregated by-- (A) the foreign country in which recovered; (B) the number and percentage that were originally purchased in the United States; (C) the average time-to-crime for the firearms; (D) the number of firearms sold as part of a multiple sale; and (E) the type of firearm. (11) An overview and analysis of-- (A) firearms trafficking patterns in the United States; (B) firearms trafficking investigations undertaken by the Department of Justice, including at a minimum-- (i) the number of firearms diverted from legal to illegal commerce by the targets of firearms trafficking investigations; (ii) a description of how the trafficking investigations were initiated, including the number and percentage that were initiated through-- (I) multiple sales records; (II) crime gun trace data analysis; (III) inspections of licensees; or (IV) licensee reporting of lost or stolen firearms; (iii) the number and percentage of firearms trafficking investigations in which youth and juveniles were involved as possessors, straw purchasers, thieves, robbers, or traffickers; (iv) a description of the crimes firearms traffickers were charged with, and convicted of, and the number and percentage of investigations and defendants that involved those crimes; and (v) a breakdown by State of the number and percentage of firearms trafficking investigations; and (C) the role of sales by unlicensed individuals or entities in firearms trafficking, including sales facilitated-- (i) at gun shows; or (ii) through online forums. (3) The term ``multiple sale'' means the sale or other disposition of 2 or more firearms at one time, or within 5 consecutive business days, that is required by law to be reported to the Attorney General. (5) The term ``source State'' means, with respect to a firearm, the State or other territory of the United States where the initial retail sale of the firearm occurred. (6) The term ``privately made firearm'' means a firearm that-- (A) is assembled or otherwise made by a person other than a licensed manufacturer; and (B) is not identified by means of a serial number or other mark engraved or cast on the receiver or frame by a licensed manufacturer or licensed dealer.

To require the publication of data sets regarding firearm trace data. This Act may be cited as the ``ATF Data and Anti-Trafficking Accountability Act'' or the ``ATF DATA Act''. 3) Aggregated data for the period on-- (A) the distribution among source licensees of the following, disaggregated by licensee type, by total number, by percentage, and by source State-- (i) 0 or more traced firearms; (ii) 1 or more traced firearms; (iii) 2 or more traced firearms; (iv) 5 or more traced firearms; (v) 10 or more traced firearms; (vi) 25 or more traced firearms; and (vii) 50 or more traced firearms; and (B) the number of source licensees with any firearms traces, disaggregated by State. 6) The number of traced firearms sold as part of a multiple sale recovered during the period, disaggregated by State and by-- (A) the number of-- (i) handguns; and (ii) rifles the source State of which requires the reporting of rifle sales that are part of a multiple sale of rifles; (B) the average time-to-crime for the firearms; and (C) the percentage of the firearms recovered in the State in which initially purchased. ( C) The percentage of the firearms not reported by licensees as lost or stolen before the date of the trace request for the firearm involved. (D) The percentage of the firearms recovered in the State in which the business premises from which the source licensee conducts business subject to the license is located. ( H) The number of incidents of theft or lost referred to in subparagraph (E) reported by licensees before the date of the trace request for the firearm involved. ( (10) The aggregate number of traces during the period of firearms with serial numbers engraved or cast on the receiver or frame of the firearm in accordance with section 923(i) of such title that were recovered in a foreign country and submitted to the Bureau for tracing, disaggregated by-- (A) the foreign country in which recovered; (B) the number and percentage that were originally purchased in the United States; (C) the average time-to-crime for the firearms; (D) the number of firearms sold as part of a multiple sale; and (E) the type of firearm. b) Definitions.--In this section: (1) The terms ``firearm'', ``importer'', ``manufacturer'', ``licensed manufacturer'', ``dealer'', ``handgun'', ``rifle'', and ``shotgun'' have the meanings provided the terms, respectively, in section 921(a) of title 18, United States Code. (2) The term ``time-to-crime'' means, with respect to a firearm, the length of time between the date of the initial retail sale of the firearm and the date of the trace request for the firearm. ( 5) The term ``source State'' means, with respect to a firearm, the State or other territory of the United States where the initial retail sale of the firearm occurred. (

To require the publication of data sets regarding firearm trace data. This Act may be cited as the ``ATF Data and Anti-Trafficking Accountability Act'' or the ``ATF DATA Act''. (3) Aggregated data for the period on-- (A) the distribution among source licensees of the following, disaggregated by licensee type, by total number, by percentage, and by source State-- (i) 0 or more traced firearms; (ii) 1 or more traced firearms; (iii) 2 or more traced firearms; (iv) 5 or more traced firearms; (v) 10 or more traced firearms; (vi) 25 or more traced firearms; and (vii) 50 or more traced firearms; and (B) the number of source licensees with any firearms traces, disaggregated by State. ( 6) The number of traced firearms sold as part of a multiple sale recovered during the period, disaggregated by State and by-- (A) the number of-- (i) handguns; and (ii) rifles the source State of which requires the reporting of rifle sales that are part of a multiple sale of rifles; (B) the average time-to-crime for the firearms; and (C) the percentage of the firearms recovered in the State in which initially purchased. ( H) The number of incidents of theft or lost referred to in subparagraph (E) reported by licensees before the date of the trace request for the firearm involved. (8) The total number of privately made firearms recovered during the period, disaggregated by-- (A) the State in which the firearm was recovered; (B) the type of firearm; and (C) the firearm brand, if known. ( 9) A list, disaggregated by whole number and by per capita, of-- (A) the 50 law enforcement agencies in the United States that requested the greatest number of firearm traces during the period; and (B) the 10 law enforcement agencies in the United States that requested the greatest number of traces per State during the period. ( (b) Definitions.--In this section: (1) The terms ``firearm'', ``importer'', ``manufacturer'', ``licensed manufacturer'', ``dealer'', ``handgun'', ``rifle'', and ``shotgun'' have the meanings provided the terms, respectively, in section 921(a) of title 18, United States Code. ( 5) The term ``source State'' means, with respect to a firearm, the State or other territory of the United States where the initial retail sale of the firearm occurred. (

To require the publication of data sets regarding firearm trace data. This Act may be cited as the ``ATF Data and Anti-Trafficking Accountability Act'' or the ``ATF DATA Act''. (3) Aggregated data for the period on-- (A) the distribution among source licensees of the following, disaggregated by licensee type, by total number, by percentage, and by source State-- (i) 0 or more traced firearms; (ii) 1 or more traced firearms; (iii) 2 or more traced firearms; (iv) 5 or more traced firearms; (v) 10 or more traced firearms; (vi) 25 or more traced firearms; and (vii) 50 or more traced firearms; and (B) the number of source licensees with any firearms traces, disaggregated by State. ( 6) The number of traced firearms sold as part of a multiple sale recovered during the period, disaggregated by State and by-- (A) the number of-- (i) handguns; and (ii) rifles the source State of which requires the reporting of rifle sales that are part of a multiple sale of rifles; (B) the average time-to-crime for the firearms; and (C) the percentage of the firearms recovered in the State in which initially purchased. ( H) The number of incidents of theft or lost referred to in subparagraph (E) reported by licensees before the date of the trace request for the firearm involved. (8) The total number of privately made firearms recovered during the period, disaggregated by-- (A) the State in which the firearm was recovered; (B) the type of firearm; and (C) the firearm brand, if known. ( 9) A list, disaggregated by whole number and by per capita, of-- (A) the 50 law enforcement agencies in the United States that requested the greatest number of firearm traces during the period; and (B) the 10 law enforcement agencies in the United States that requested the greatest number of traces per State during the period. ( (b) Definitions.--In this section: (1) The terms ``firearm'', ``importer'', ``manufacturer'', ``licensed manufacturer'', ``dealer'', ``handgun'', ``rifle'', and ``shotgun'' have the meanings provided the terms, respectively, in section 921(a) of title 18, United States Code. ( 5) The term ``source State'' means, with respect to a firearm, the State or other territory of the United States where the initial retail sale of the firearm occurred. (

To require the publication of data sets regarding firearm trace data. This Act may be cited as the ``ATF Data and Anti-Trafficking Accountability Act'' or the ``ATF DATA Act''. 3) Aggregated data for the period on-- (A) the distribution among source licensees of the following, disaggregated by licensee type, by total number, by percentage, and by source State-- (i) 0 or more traced firearms; (ii) 1 or more traced firearms; (iii) 2 or more traced firearms; (iv) 5 or more traced firearms; (v) 10 or more traced firearms; (vi) 25 or more traced firearms; and (vii) 50 or more traced firearms; and (B) the number of source licensees with any firearms traces, disaggregated by State. 6) The number of traced firearms sold as part of a multiple sale recovered during the period, disaggregated by State and by-- (A) the number of-- (i) handguns; and (ii) rifles the source State of which requires the reporting of rifle sales that are part of a multiple sale of rifles; (B) the average time-to-crime for the firearms; and (C) the percentage of the firearms recovered in the State in which initially purchased. ( C) The percentage of the firearms not reported by licensees as lost or stolen before the date of the trace request for the firearm involved. (D) The percentage of the firearms recovered in the State in which the business premises from which the source licensee conducts business subject to the license is located. ( H) The number of incidents of theft or lost referred to in subparagraph (E) reported by licensees before the date of the trace request for the firearm involved. ( (10) The aggregate number of traces during the period of firearms with serial numbers engraved or cast on the receiver or frame of the firearm in accordance with section 923(i) of such title that were recovered in a foreign country and submitted to the Bureau for tracing, disaggregated by-- (A) the foreign country in which recovered; (B) the number and percentage that were originally purchased in the United States; (C) the average time-to-crime for the firearms; (D) the number of firearms sold as part of a multiple sale; and (E) the type of firearm. b) Definitions.--In this section: (1) The terms ``firearm'', ``importer'', ``manufacturer'', ``licensed manufacturer'', ``dealer'', ``handgun'', ``rifle'', and ``shotgun'' have the meanings provided the terms, respectively, in section 921(a) of title 18, United States Code. (2) The term ``time-to-crime'' means, with respect to a firearm, the length of time between the date of the initial retail sale of the firearm and the date of the trace request for the firearm. ( 5) The term ``source State'' means, with respect to a firearm, the State or other territory of the United States where the initial retail sale of the firearm occurred. (

To require the publication of data sets regarding firearm trace data. This Act may be cited as the ``ATF Data and Anti-Trafficking Accountability Act'' or the ``ATF DATA Act''. (3) Aggregated data for the period on-- (A) the distribution among source licensees of the following, disaggregated by licensee type, by total number, by percentage, and by source State-- (i) 0 or more traced firearms; (ii) 1 or more traced firearms; (iii) 2 or more traced firearms; (iv) 5 or more traced firearms; (v) 10 or more traced firearms; (vi) 25 or more traced firearms; and (vii) 50 or more traced firearms; and (B) the number of source licensees with any firearms traces, disaggregated by State. ( 6) The number of traced firearms sold as part of a multiple sale recovered during the period, disaggregated by State and by-- (A) the number of-- (i) handguns; and (ii) rifles the source State of which requires the reporting of rifle sales that are part of a multiple sale of rifles; (B) the average time-to-crime for the firearms; and (C) the percentage of the firearms recovered in the State in which initially purchased. ( H) The number of incidents of theft or lost referred to in subparagraph (E) reported by licensees before the date of the trace request for the firearm involved. (8) The total number of privately made firearms recovered during the period, disaggregated by-- (A) the State in which the firearm was recovered; (B) the type of firearm; and (C) the firearm brand, if known. ( 9) A list, disaggregated by whole number and by per capita, of-- (A) the 50 law enforcement agencies in the United States that requested the greatest number of firearm traces during the period; and (B) the 10 law enforcement agencies in the United States that requested the greatest number of traces per State during the period. ( (b) Definitions.--In this section: (1) The terms ``firearm'', ``importer'', ``manufacturer'', ``licensed manufacturer'', ``dealer'', ``handgun'', ``rifle'', and ``shotgun'' have the meanings provided the terms, respectively, in section 921(a) of title 18, United States Code. ( 5) The term ``source State'' means, with respect to a firearm, the State or other territory of the United States where the initial retail sale of the firearm occurred. (

To require the publication of data sets regarding firearm trace data. This Act may be cited as the ``ATF Data and Anti-Trafficking Accountability Act'' or the ``ATF DATA Act''. 3) Aggregated data for the period on-- (A) the distribution among source licensees of the following, disaggregated by licensee type, by total number, by percentage, and by source State-- (i) 0 or more traced firearms; (ii) 1 or more traced firearms; (iii) 2 or more traced firearms; (iv) 5 or more traced firearms; (v) 10 or more traced firearms; (vi) 25 or more traced firearms; and (vii) 50 or more traced firearms; and (B) the number of source licensees with any firearms traces, disaggregated by State. 6) The number of traced firearms sold as part of a multiple sale recovered during the period, disaggregated by State and by-- (A) the number of-- (i) handguns; and (ii) rifles the source State of which requires the reporting of rifle sales that are part of a multiple sale of rifles; (B) the average time-to-crime for the firearms; and (C) the percentage of the firearms recovered in the State in which initially purchased. ( C) The percentage of the firearms not reported by licensees as lost or stolen before the date of the trace request for the firearm involved. (D) The percentage of the firearms recovered in the State in which the business premises from which the source licensee conducts business subject to the license is located. ( H) The number of incidents of theft or lost referred to in subparagraph (E) reported by licensees before the date of the trace request for the firearm involved. ( (10) The aggregate number of traces during the period of firearms with serial numbers engraved or cast on the receiver or frame of the firearm in accordance with section 923(i) of such title that were recovered in a foreign country and submitted to the Bureau for tracing, disaggregated by-- (A) the foreign country in which recovered; (B) the number and percentage that were originally purchased in the United States; (C) the average time-to-crime for the firearms; (D) the number of firearms sold as part of a multiple sale; and (E) the type of firearm. b) Definitions.--In this section: (1) The terms ``firearm'', ``importer'', ``manufacturer'', ``licensed manufacturer'', ``dealer'', ``handgun'', ``rifle'', and ``shotgun'' have the meanings provided the terms, respectively, in section 921(a) of title 18, United States Code. (2) The term ``time-to-crime'' means, with respect to a firearm, the length of time between the date of the initial retail sale of the firearm and the date of the trace request for the firearm. ( 5) The term ``source State'' means, with respect to a firearm, the State or other territory of the United States where the initial retail sale of the firearm occurred. (

To require the publication of data sets regarding firearm trace data. This Act may be cited as the ``ATF Data and Anti-Trafficking Accountability Act'' or the ``ATF DATA Act''. (3) Aggregated data for the period on-- (A) the distribution among source licensees of the following, disaggregated by licensee type, by total number, by percentage, and by source State-- (i) 0 or more traced firearms; (ii) 1 or more traced firearms; (iii) 2 or more traced firearms; (iv) 5 or more traced firearms; (v) 10 or more traced firearms; (vi) 25 or more traced firearms; and (vii) 50 or more traced firearms; and (B) the number of source licensees with any firearms traces, disaggregated by State. ( 6) The number of traced firearms sold as part of a multiple sale recovered during the period, disaggregated by State and by-- (A) the number of-- (i) handguns; and (ii) rifles the source State of which requires the reporting of rifle sales that are part of a multiple sale of rifles; (B) the average time-to-crime for the firearms; and (C) the percentage of the firearms recovered in the State in which initially purchased. ( H) The number of incidents of theft or lost referred to in subparagraph (E) reported by licensees before the date of the trace request for the firearm involved. (8) The total number of privately made firearms recovered during the period, disaggregated by-- (A) the State in which the firearm was recovered; (B) the type of firearm; and (C) the firearm brand, if known. ( 9) A list, disaggregated by whole number and by per capita, of-- (A) the 50 law enforcement agencies in the United States that requested the greatest number of firearm traces during the period; and (B) the 10 law enforcement agencies in the United States that requested the greatest number of traces per State during the period. ( (b) Definitions.--In this section: (1) The terms ``firearm'', ``importer'', ``manufacturer'', ``licensed manufacturer'', ``dealer'', ``handgun'', ``rifle'', and ``shotgun'' have the meanings provided the terms, respectively, in section 921(a) of title 18, United States Code. ( 5) The term ``source State'' means, with respect to a firearm, the State or other territory of the United States where the initial retail sale of the firearm occurred. (

To require the publication of data sets regarding firearm trace data. This Act may be cited as the ``ATF Data and Anti-Trafficking Accountability Act'' or the ``ATF DATA Act''. 3) Aggregated data for the period on-- (A) the distribution among source licensees of the following, disaggregated by licensee type, by total number, by percentage, and by source State-- (i) 0 or more traced firearms; (ii) 1 or more traced firearms; (iii) 2 or more traced firearms; (iv) 5 or more traced firearms; (v) 10 or more traced firearms; (vi) 25 or more traced firearms; and (vii) 50 or more traced firearms; and (B) the number of source licensees with any firearms traces, disaggregated by State. 6) The number of traced firearms sold as part of a multiple sale recovered during the period, disaggregated by State and by-- (A) the number of-- (i) handguns; and (ii) rifles the source State of which requires the reporting of rifle sales that are part of a multiple sale of rifles; (B) the average time-to-crime for the firearms; and (C) the percentage of the firearms recovered in the State in which initially purchased. ( C) The percentage of the firearms not reported by licensees as lost or stolen before the date of the trace request for the firearm involved. (D) The percentage of the firearms recovered in the State in which the business premises from which the source licensee conducts business subject to the license is located. ( H) The number of incidents of theft or lost referred to in subparagraph (E) reported by licensees before the date of the trace request for the firearm involved. ( (10) The aggregate number of traces during the period of firearms with serial numbers engraved or cast on the receiver or frame of the firearm in accordance with section 923(i) of such title that were recovered in a foreign country and submitted to the Bureau for tracing, disaggregated by-- (A) the foreign country in which recovered; (B) the number and percentage that were originally purchased in the United States; (C) the average time-to-crime for the firearms; (D) the number of firearms sold as part of a multiple sale; and (E) the type of firearm. b) Definitions.--In this section: (1) The terms ``firearm'', ``importer'', ``manufacturer'', ``licensed manufacturer'', ``dealer'', ``handgun'', ``rifle'', and ``shotgun'' have the meanings provided the terms, respectively, in section 921(a) of title 18, United States Code. (2) The term ``time-to-crime'' means, with respect to a firearm, the length of time between the date of the initial retail sale of the firearm and the date of the trace request for the firearm. ( 5) The term ``source State'' means, with respect to a firearm, the State or other territory of the United States where the initial retail sale of the firearm occurred. (

To require the publication of data sets regarding firearm trace data. This Act may be cited as the ``ATF Data and Anti-Trafficking Accountability Act'' or the ``ATF DATA Act''. (3) Aggregated data for the period on-- (A) the distribution among source licensees of the following, disaggregated by licensee type, by total number, by percentage, and by source State-- (i) 0 or more traced firearms; (ii) 1 or more traced firearms; (iii) 2 or more traced firearms; (iv) 5 or more traced firearms; (v) 10 or more traced firearms; (vi) 25 or more traced firearms; and (vii) 50 or more traced firearms; and (B) the number of source licensees with any firearms traces, disaggregated by State. ( 6) The number of traced firearms sold as part of a multiple sale recovered during the period, disaggregated by State and by-- (A) the number of-- (i) handguns; and (ii) rifles the source State of which requires the reporting of rifle sales that are part of a multiple sale of rifles; (B) the average time-to-crime for the firearms; and (C) the percentage of the firearms recovered in the State in which initially purchased. ( H) The number of incidents of theft or lost referred to in subparagraph (E) reported by licensees before the date of the trace request for the firearm involved. (8) The total number of privately made firearms recovered during the period, disaggregated by-- (A) the State in which the firearm was recovered; (B) the type of firearm; and (C) the firearm brand, if known. ( 9) A list, disaggregated by whole number and by per capita, of-- (A) the 50 law enforcement agencies in the United States that requested the greatest number of firearm traces during the period; and (B) the 10 law enforcement agencies in the United States that requested the greatest number of traces per State during the period. ( (b) Definitions.--In this section: (1) The terms ``firearm'', ``importer'', ``manufacturer'', ``licensed manufacturer'', ``dealer'', ``handgun'', ``rifle'', and ``shotgun'' have the meanings provided the terms, respectively, in section 921(a) of title 18, United States Code. ( 5) The term ``source State'' means, with respect to a firearm, the State or other territory of the United States where the initial retail sale of the firearm occurred. (

To require the publication of data sets regarding firearm trace data. 6) The number of traced firearms sold as part of a multiple sale recovered during the period, disaggregated by State and by-- (A) the number of-- (i) handguns; and (ii) rifles the source State of which requires the reporting of rifle sales that are part of a multiple sale of rifles; (B) the average time-to-crime for the firearms; and (C) the percentage of the firearms recovered in the State in which initially purchased. ( ( H) The number of incidents of theft or lost referred to in subparagraph (E) reported by licensees before the date of the trace request for the firearm involved. ( ( 5) The term ``source State'' means, with respect to a firearm, the State or other territory of the United States where the initial retail sale of the firearm occurred. (

ATF Data and Anti-Trafficking Accountability Act or the ATF DATA Act - Directs the Attorney General, through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), to submit to the Congress and make available to the public through electronic means a report that contains: (1) firearm trace data collected by ATF during the most recently completed calendar year; (2 Authorizes appropriations. (Sec. 2) This bill requires the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to report to Congress on: (1) the number of firearms recovered in a foreign country and submitted to the ATF for tracing during the period; and (2) the total number of privately made firearms recovered during such period. The ATF must report to

S.2861

Agriculture and Food

Opportunities for Fairness in Farming Act of 2021 This bill establishes restrictions and requirements for checkoff programs, which are programs overseen by the Department of Agriculture (USDA) to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands. The bill prohibits boards established to carry out a checkoff program or a USDA order issued under a checkoff program from entering into a contract or agreement to carry out program activities with a party that engages in activities to influence any government policy or action that relates to agriculture. A board or its employees or agents acting in their official capacity may not engage in any Upon approval of USDA, a board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law if the agreement or contract requires records accounting for the funds received to be submitted to the board. The board must meet specified requirements regarding the publication of budgets and disbursements of funds. The USDA Inspector General and the Government Accountability Office must conduct specified audits regarding checkoff programs.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those 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 ``Opportunities for Fairness in Farming Act of 2021''. SEC. 2. FINDINGS. Congress finds that-- (1) the generic programs to promote and provide research and information for an agricultural commodity (commonly known as ``checkoff programs'') are intended to increase demand for all of that agricultural commodity and benefit all assessed producers of that agricultural commodity; (2) although the laws establishing checkoff programs broadly prohibit the use of funds in any manner for the purpose of influencing legislation or government action, checkoff programs have repeatedly been shown to use funds to influence policy directly or by partnering with organizations that lobby; (3) the unlawful use of checkoff programs funds benefits some agricultural producers while harming many others; (4) to more effectively prevent Boards from using funds for unlawful purposes, strict separation of engagement between the Boards and policy entities is necessary; (5) conflicts of interest in the checkoff programs allow special interests to use checkoff program funds for the benefit of some assessed agricultural producers at the expense of many others; (6) prohibiting conflicts of interest in checkoff programs is necessary to ensure the proper and lawful operation of the checkoff programs; (7) checkoff programs are designed to promote agricultural commodities, not to damage other types of agricultural commodities through anticompetitive conduct or otherwise; (8) prohibiting anticompetitive and similar conduct is necessary to ensure proper and lawful operation of checkoff programs; (9) lack of transparency in checkoff programs enables abuses to occur and conceals abuses from being discovered; and (10) requiring transparency in the expenditure of checkoff program funds is necessary to prevent and uncover abuses in checkoff programs. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. (2) Checkoff program.--The term ``checkoff program'' means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.). (B) The Potato Research and Promotion Act (7 U.S.C. 2611 et seq.). (C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). (D) The Beef Research and Information Act (7 U.S.C. 2901 et seq.). (E) The Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. 3401 et seq.). (F) The Floral Research and Consumer Information Act (7 U.S.C. 4301 et seq.). (G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). (H) The Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4601 et seq.). (I) The Pork Promotion, Research, and Consumer Information Act of 1985 (7 U.S.C. 4801 et seq.). (J) The Watermelon Research and Promotion Act (7 U.S.C. 4901 et seq.). (K) The Pecan Promotion and Research Act of 1990 (7 U.S.C. 6001 et seq.). (L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). (M) The Lime Research, Promotion, and Consumer Information Act of 1990 (7 U.S.C. 6201 et seq.). (N) The Soybean Promotion, Research, and Consumer Information Act (7 U.S.C. 6301 et seq.). (O) The Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401 et seq.). (P) The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 (7 U.S.C. 6801 et seq.). (Q) The Sheep Promotion, Research, and Information Act of 1994 (7 U.S.C. 7101 et seq.). (R) Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401). (S) The Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411 et seq.). (T) The Canola and Rapeseed Research, Promotion, and Consumer Information Act (7 U.S.C. 7441 et seq.). (U) The National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461 et seq.). (V) The Popcorn Promotion, Research, and Consumer Information Act (7 U.S.C. 7481 et seq.). (W) The Hass Avocado Promotion, Research, and Information Act of 2000 (7 U.S.C. 7801 et seq.). (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. REQUIREMENTS OF CHECKOFF PROGRAMS. (a) Prohibitions.-- (1) In general.--Except as provided in paragraph (4), a Board shall not enter into any contract or agreement to carry out checkoff program activities with a party that engages in activities for the purpose of influencing any government policy or action that relates to agriculture. (2) Conflict of interest.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in, any act that may involve a conflict of interest. (3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. (4) Exception for certain contracts with institutions of higher education.--Paragraph (1) shall not apply to a contract or agreement entered into between a Board and an institution of higher education for the purpose of research, extension, and education. (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. (c) Production of Records.-- (1) In general.--Each contract or agreement of a checkoff program shall provide that the entity that enters into the contract or agreement shall produce to the Board accurate records that account for all funds received under the contract or agreement, including any goods or services provided or costs incurred in connection with the contract or agreement. (2) Maintenance of records.--A Board shall maintain any records received under paragraph (1). (d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. (2) Required disclosures.--In carrying out paragraph (1), the Board shall disclose-- (A) the amount of the disbursement; (B) the purpose of the disbursement, including the activities to be funded by the disbursement; (C) the identity of the recipient of the disbursement; and (D) the identity of any other parties that may receive the disbursed funds, including any contracts or subcontractors of the recipient of the disbursement. (e) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. (B) Review of records.--An audit conducted under subparagraph (A) shall include a review of any records produced to the Board under subsection (c)(1). (C) Submission of reports.--On completion of each audit under subparagraph (A), the Inspector General of the Department of Agriculture shall-- (i) prepare a report describing the audit; and (ii) submit the report described in clause (i) to-- (I) the appropriate committees of Congress, including the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary of the Senate; and (II) the Comptroller General of the United States. (2) Audit by comptroller general.-- (A) In general.--Not earlier than 3 years, and not later than 5 years, after the date of enactment of this Act, the Comptroller General of the United States shall-- (i) conduct an audit to assess-- (I) the status of actions taken for each checkoff program to ensure compliance with this section; and (II) the extent to which actions described in subclause (I) have improved the integrity of a checkoff program; and (ii) prepare a report describing the audit conducted under clause (i), including any recommendations for-- (I) strengthening the effect of actions described in clause (i)(I); and (II) improving Federal legislation relating to checkoff programs. (B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). SEC. 5. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected. <all>

Opportunities for Fairness in Farming Act of 2021

A bill to prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes.

Opportunities for Fairness in Farming Act of 2021

Sen. Lee, Mike

R

UT

This bill establishes restrictions and requirements for checkoff programs, which are programs overseen by the Department of Agriculture (USDA) to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands. The bill prohibits boards established to carry out a checkoff program or a USDA order issued under a checkoff program from entering into a contract or agreement to carry out program activities with a party that engages in activities to influence any government policy or action that relates to agriculture. A board or its employees or agents acting in their official capacity may not engage in any Upon approval of USDA, a board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law if the agreement or contract requires records accounting for the funds received to be submitted to the board. The board must meet specified requirements regarding the publication of budgets and disbursements of funds. The USDA Inspector General and the Government Accountability Office must conduct specified audits regarding checkoff programs.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. 2. 3. 2101 et seq.). (D) The Beef Research and Information Act (7 U.S.C. (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. REQUIREMENTS OF CHECKOFF PROGRAMS. (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. (2) Maintenance of records.--A Board shall maintain any records received under paragraph (1). (2) Required disclosures.--In carrying out paragraph (1), the Board shall disclose-- (A) the amount of the disbursement; (B) the purpose of the disbursement, including the activities to be funded by the disbursement; (C) the identity of the recipient of the disbursement; and (D) the identity of any other parties that may receive the disbursed funds, including any contracts or subcontractors of the recipient of the disbursement. (C) Submission of reports.--On completion of each audit under subparagraph (A), the Inspector General of the Department of Agriculture shall-- (i) prepare a report describing the audit; and (ii) submit the report described in clause (i) to-- (I) the appropriate committees of Congress, including the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary of the Senate; and (II) the Comptroller General of the United States. SEC. 5.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. 2. 3. 2101 et seq.). (D) The Beef Research and Information Act (7 U.S.C. (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. REQUIREMENTS OF CHECKOFF PROGRAMS. (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. (2) Maintenance of records.--A Board shall maintain any records received under paragraph (1). (2) Required disclosures.--In carrying out paragraph (1), the Board shall disclose-- (A) the amount of the disbursement; (B) the purpose of the disbursement, including the activities to be funded by the disbursement; (C) the identity of the recipient of the disbursement; and (D) the identity of any other parties that may receive the disbursed funds, including any contracts or subcontractors of the recipient of the disbursement. (C) Submission of reports.--On completion of each audit under subparagraph (A), the Inspector General of the Department of Agriculture shall-- (i) prepare a report describing the audit; and (ii) submit the report described in clause (i) to-- (I) the appropriate committees of Congress, including the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary of the Senate; and (II) the Comptroller General of the United States. SEC. 5.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. SHORT TITLE. 2. FINDINGS. Congress finds that-- (1) the generic programs to promote and provide research and information for an agricultural commodity (commonly known as ``checkoff programs'') are intended to increase demand for all of that agricultural commodity and benefit all assessed producers of that agricultural commodity; (2) although the laws establishing checkoff programs broadly prohibit the use of funds in any manner for the purpose of influencing legislation or government action, checkoff programs have repeatedly been shown to use funds to influence policy directly or by partnering with organizations that lobby; (3) the unlawful use of checkoff programs funds benefits some agricultural producers while harming many others; (4) to more effectively prevent Boards from using funds for unlawful purposes, strict separation of engagement between the Boards and policy entities is necessary; (5) conflicts of interest in the checkoff programs allow special interests to use checkoff program funds for the benefit of some assessed agricultural producers at the expense of many others; (6) prohibiting conflicts of interest in checkoff programs is necessary to ensure the proper and lawful operation of the checkoff programs; (7) checkoff programs are designed to promote agricultural commodities, not to damage other types of agricultural commodities through anticompetitive conduct or otherwise; (8) prohibiting anticompetitive and similar conduct is necessary to ensure proper and lawful operation of checkoff programs; (9) lack of transparency in checkoff programs enables abuses to occur and conceals abuses from being discovered; and (10) requiring transparency in the expenditure of checkoff program funds is necessary to prevent and uncover abuses in checkoff programs. 3. DEFINITIONS. 2101 et seq.). (D) The Beef Research and Information Act (7 U.S.C. (E) The Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. (O) The Fluid Milk Promotion Act of 1990 (7 U.S.C. (P) The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 (7 U.S.C. (R) Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401). (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. REQUIREMENTS OF CHECKOFF PROGRAMS. (3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. (2) Maintenance of records.--A Board shall maintain any records received under paragraph (1). (2) Required disclosures.--In carrying out paragraph (1), the Board shall disclose-- (A) the amount of the disbursement; (B) the purpose of the disbursement, including the activities to be funded by the disbursement; (C) the identity of the recipient of the disbursement; and (D) the identity of any other parties that may receive the disbursed funds, including any contracts or subcontractors of the recipient of the disbursement. (C) Submission of reports.--On completion of each audit under subparagraph (A), the Inspector General of the Department of Agriculture shall-- (i) prepare a report describing the audit; and (ii) submit the report described in clause (i) to-- (I) the appropriate committees of Congress, including the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary of the Senate; and (II) the Comptroller General of the United States. SEC. 5. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those 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 ``Opportunities for Fairness in Farming Act of 2021''. 2. FINDINGS. Congress finds that-- (1) the generic programs to promote and provide research and information for an agricultural commodity (commonly known as ``checkoff programs'') are intended to increase demand for all of that agricultural commodity and benefit all assessed producers of that agricultural commodity; (2) although the laws establishing checkoff programs broadly prohibit the use of funds in any manner for the purpose of influencing legislation or government action, checkoff programs have repeatedly been shown to use funds to influence policy directly or by partnering with organizations that lobby; (3) the unlawful use of checkoff programs funds benefits some agricultural producers while harming many others; (4) to more effectively prevent Boards from using funds for unlawful purposes, strict separation of engagement between the Boards and policy entities is necessary; (5) conflicts of interest in the checkoff programs allow special interests to use checkoff program funds for the benefit of some assessed agricultural producers at the expense of many others; (6) prohibiting conflicts of interest in checkoff programs is necessary to ensure the proper and lawful operation of the checkoff programs; (7) checkoff programs are designed to promote agricultural commodities, not to damage other types of agricultural commodities through anticompetitive conduct or otherwise; (8) prohibiting anticompetitive and similar conduct is necessary to ensure proper and lawful operation of checkoff programs; (9) lack of transparency in checkoff programs enables abuses to occur and conceals abuses from being discovered; and (10) requiring transparency in the expenditure of checkoff program funds is necessary to prevent and uncover abuses in checkoff programs. 3. DEFINITIONS. 2101 et seq.). 2611 et seq.). 2701 et seq.). (D) The Beef Research and Information Act (7 U.S.C. 2901 et seq.). (E) The Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. 3401 et seq.). 4301 et seq.). (G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). 4601 et seq.). 4801 et seq.). 4901 et seq.). 6001 et seq.). 6101 et seq.). 6201 et seq.). 6301 et seq.). (O) The Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401 et seq.). (P) The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 (7 U.S.C. 6801 et seq.). 7101 et seq.). (R) Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401). (W) The Hass Avocado Promotion, Research, and Information Act of 2000 (7 U.S.C. (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. REQUIREMENTS OF CHECKOFF PROGRAMS. (3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. (4) Exception for certain contracts with institutions of higher education.--Paragraph (1) shall not apply to a contract or agreement entered into between a Board and an institution of higher education for the purpose of research, extension, and education. (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. (2) Maintenance of records.--A Board shall maintain any records received under paragraph (1). (d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. (2) Required disclosures.--In carrying out paragraph (1), the Board shall disclose-- (A) the amount of the disbursement; (B) the purpose of the disbursement, including the activities to be funded by the disbursement; (C) the identity of the recipient of the disbursement; and (D) the identity of any other parties that may receive the disbursed funds, including any contracts or subcontractors of the recipient of the disbursement. (e) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. (B) Review of records.--An audit conducted under subparagraph (A) shall include a review of any records produced to the Board under subsection (c)(1). (C) Submission of reports.--On completion of each audit under subparagraph (A), the Inspector General of the Department of Agriculture shall-- (i) prepare a report describing the audit; and (ii) submit the report described in clause (i) to-- (I) the appropriate committees of Congress, including the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary of the Senate; and (II) the Comptroller General of the United States. SEC. 5. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those 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. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. ( C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). ( G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). ( (L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). ( S) The Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411 et seq.). ( T) The Canola and Rapeseed Research, Promotion, and Consumer Information Act (7 U.S.C. 7441 et seq.). ( (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. ( d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. ( (e) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. ( B) Review of records.--An audit conducted under subparagraph (A) shall include a review of any records produced to the Board under subsection (c)(1). ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. (2) Checkoff program.--The term ``checkoff program'' means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.). ( C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). ( L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). ( P) The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 (7 U.S.C. 6801 et seq.). ( (U) The National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461 et seq.). ( 3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( (c) Production of Records.-- (1) In general.--Each contract or agreement of a checkoff program shall provide that the entity that enters into the contract or agreement shall produce to the Board accurate records that account for all funds received under the contract or agreement, including any goods or services provided or costs incurred in connection with the contract or agreement. ( d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. (2) Checkoff program.--The term ``checkoff program'' means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.). ( C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). ( L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). ( P) The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 (7 U.S.C. 6801 et seq.). ( (U) The National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461 et seq.). ( 3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( (c) Production of Records.-- (1) In general.--Each contract or agreement of a checkoff program shall provide that the entity that enters into the contract or agreement shall produce to the Board accurate records that account for all funds received under the contract or agreement, including any goods or services provided or costs incurred in connection with the contract or agreement. ( d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those 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. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. ( C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). ( G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). ( (L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). ( S) The Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411 et seq.). ( T) The Canola and Rapeseed Research, Promotion, and Consumer Information Act (7 U.S.C. 7441 et seq.). ( (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. ( d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. ( (e) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. ( B) Review of records.--An audit conducted under subparagraph (A) shall include a review of any records produced to the Board under subsection (c)(1). ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. (2) Checkoff program.--The term ``checkoff program'' means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.). ( C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). ( L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). ( P) The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 (7 U.S.C. 6801 et seq.). ( (U) The National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461 et seq.). ( 3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( (c) Production of Records.-- (1) In general.--Each contract or agreement of a checkoff program shall provide that the entity that enters into the contract or agreement shall produce to the Board accurate records that account for all funds received under the contract or agreement, including any goods or services provided or costs incurred in connection with the contract or agreement. ( d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those 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. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. ( C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). ( G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). ( (L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). ( S) The Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411 et seq.). ( T) The Canola and Rapeseed Research, Promotion, and Consumer Information Act (7 U.S.C. 7441 et seq.). ( (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. ( d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. ( (e) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. ( B) Review of records.--An audit conducted under subparagraph (A) shall include a review of any records produced to the Board under subsection (c)(1). ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. (2) Checkoff program.--The term ``checkoff program'' means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.). ( C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). ( L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). ( P) The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 (7 U.S.C. 6801 et seq.). ( (U) The National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461 et seq.). ( 3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( (c) Production of Records.-- (1) In general.--Each contract or agreement of a checkoff program shall provide that the entity that enters into the contract or agreement shall produce to the Board accurate records that account for all funds received under the contract or agreement, including any goods or services provided or costs incurred in connection with the contract or agreement. ( d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. T) The Canola and Rapeseed Research, Promotion, and Consumer Information Act (7 U.S.C. 7441 et seq.). ( ( ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( ( e) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. ( ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. 2) Checkoff program.--The term ``checkoff program'' means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.). ( ( d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii).

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. T) The Canola and Rapeseed Research, Promotion, and Consumer Information Act (7 U.S.C. 7441 et seq.). ( ( ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( ( e) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. ( ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

Opportunities for Fairness in Farming Act of 2021 - Amends the Federal Food, Drug, and Cosmetic Act of 1938 to prohibit the use of funds in any manner for the purpose of influencing legislation or government action by a checkoff program board, committee, or similar entity established to carry out such a program or an order issued by the Secretary of Agriculture under such a Program. Directs the Board to: (1) publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary of Agriculture (USDA); and (2) disclose the amount of the disbursement and the identity of the recipient and any other parties that may receive the disbursed funds. (Sec. 5) Author

S.266

Health

Public Health Emergency Production Act of 2021 This bill modifies funding, administration, and reporting related to the Defense Production Act of 1950. That act confers upon the President a broad set of authorities to influence domestic industry to secure essential materials and goods needed for the national defense. Specifically, the bill eliminates a requirement to transfer any balance in excess of $750 million from the Defense Production Act Fund to the General Fund of the Department of the Treasury. In addition, the Department of Health and Human Services (HHS) must require companies to prioritize fulfilling federal contracts or orders necessary for pandemic preparedness and response if HHS finds that the material being procured is essential to the public health and cannot be adequately sourced through normal distribution channels. HHS must also establish, within the Office of the Assistant Secretary for Preparedness and Response, an office responsible for Defense Production Act of 1950 activities. Additionally, staff may rotate between the Office of the Deputy Assistant Secretary of Defense for Industrial Policy and specified components of HHS. Furthermore, the Defense Production Act Committee must report monthly about the use of Defense Production Act of 1950 authorities during the COVID-19 (i.e., coronavirus disease 2019) emergency.

To require the Secretary of Health and Human Services to use authorities under the Defense Production Act of 1950 to prioritize contracts necessary to promote pandemic preparedness and response, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Health Emergency Production Act of 2021''. SEC. 2. PRIORITIZATION OF CONTRACTS NECESSARY TO PROMOTE PANDEMIC PREPAREDNESS AND RESPONSE. (a) In General.--Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) is amended by inserting after section 101 the following: ``SEC. 101A. PRIORITIZATION OF CONTRACTS NECESSARY TO PROMOTE PANDEMIC PREPAREDNESS AND RESPONSE. ``(a) In General.--The Secretary of Health and Human Services shall-- ``(1) require that performance under contracts or orders (other than contracts of employment) that the Secretary deems necessary or appropriate to promote preparedness for and response to a pandemic shall take priority over performance under any other contract or order; ``(2) for the purpose of assuring such priority, require acceptance and performance of such contracts or orders in preference to other contracts or orders by persons the Secretary finds to be capable of their performance; and ``(3) allocate materials, services, and facilities in such manner, upon such conditions, and to such extent as the Secretary shall deem necessary or appropriate to promote the public health. ``(b) Use of Authority.--The powers granted by this section shall be used to control the general distribution of a material in the civilian market if the Secretary finds that-- ``(1) such material is a scarce and critical material essential to public health; and ``(2) the requirements of public health for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship.''. (b) Conforming Amendments.--The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) is amended-- (1) in section 102 (50 U.S.C. 4512), in the last sentence, by inserting ``, 101A,'' after ``sections 101''; and (2) in section 701(e) (50 U.S.C. 4551(e)), by inserting ``or the Secretary of Health and Human Services makes a determination to exercise any authority to allocate any material pursuant to section 101A,'' after ``section 101,''. SEC. 3. REPORTING OF ACTIONS TAKEN UNDER TITLE I OF DEFENSE PRODUCTION ACT OF 1950 IN FEDERAL PROCUREMENT DATA SYSTEM. Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) is amended by adding at the end the following: ``SEC. 109. REPORTING OF ACTIONS IN FEDERAL PROCUREMENT DATA SYSTEM. ``Any action taken under section 101 or 101A shall be reported in the Federal Procurement Data System.''. SEC. 4. USE OF DEFENSE PRODUCTION ACT FUND FOR PANDEMIC PREPAREDNESS AND RESPONSE. Section 304 of the Defense Production Act of 1950 (50 U.S.C. 4534) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Use of Fund.-- ``(1) In general.--The Fund shall be available to carry out the provisions and purposes of this title, subject to the limitations set forth in this Act and in appropriations Acts. ``(2) Distribution.--The Fund manager designated under subsection (e) shall ensure that amounts in the Fund are fairly distributed to the office established under section 305 and all other Federal agencies with responsibility for carrying out the provisions and purposes of this title.''; (2) by striking subsection (e); (3) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; (4) in subsection (e), as redesignated by paragraph (3)-- (A) in paragraph (2), by striking ``; and'' and inserting a semicolon; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(4) coordinating with other Federal agencies to ensure that amounts in the Fund are made available to agencies other than the agency of the Fund manager, especially for public health programs.''; and (5) by adding at the end the following: ``(g) Interagency Rotation Program.-- ``(1) In general.--The Secretary of Health and Human Services and the Secretary of Defense shall establish an interagency rotation program that provides for personnel of the components of the Department of Health and Human Services specified in paragraph (2) to take rotational assignments within the Office of the Deputy Assistant Secretary of Defense for Industrial Policy, and for personnel of that Office to take rotational assignments within such components, for the purposes of-- ``(A) strengthening working relationships between agencies; ``(B) promoting interagency experience; and ``(C) ensuring the amounts in the Fund enable the use of highly tailored economic incentives to boost the manufacturing of critical public health resources that are vital to effective pandemic preparedness and response in the United States. ``(2) Components specified.--The components of the Department of Health and Human Services specified in this paragraph are the following: ``(A) The Office of the Assistant Secretary for Preparedness and Response. ``(B) The Centers for Disease Control and Prevention. ``(C) The National Institutes of Health.''. SEC. 5. ESTABLISHMENT OF OFFICE IN DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ADMINISTER TITLE III OF DEFENSE PRODUCTION ACT OF 1950. (a) In General.--Title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) is amended by adding at the end the following: ``SEC. 305. ESTABLISHMENT OF OFFICE IN DEPARTMENT OF HEALTH AND HUMAN SERVICES. ``(a) In General.--There is established in the Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services an office (in this section referred to as the `office') to be responsible for planning for the use of, reporting on, and implementation of authorities of the Department under this title and other provisions of this Act. ``(b) Pandemic Preparedness and Response.--In planning for the use of and implementing authorities under subsection (a), the office shall use highly targeted economic incentives authorized under this Act to boost the manufacturing of critical public health resources that are vital to effective pandemic preparedness and response. ``(c) Head of Office.-- ``(1) Appointment.--The Secretary of Health and Human Services shall appoint an official of the Department, at the level of Deputy Assistant Secretary or the equivalent, to be the head of the office. ``(2) Defense production act committee representative.--The head of the office appointed under paragraph (1) shall serve as the representative of the Department of Health and Human Services on the Defense Production Act Committee under section 722. ``(d) Waiver of Certain Requirements.--The requirements of sections 301(d)(1)(A), 302(d)(1), and subparagraphs (B) and (C) of section 303(a)(6) are waived for purposes of the use of authorities under this Act by the office. ``(e) Report Required.--Not less frequently than annually, the head of the office shall submit to Congress, and make available on a publicly accessible internet website of the office, a report that includes-- ``(1) a summary of the work and plans of the office to expand productive capacity and supply responsibilities under this Act during the year preceding submission of the report; ``(2) an assessment of the elements of the industrial base and technology base in the United States; ``(3) recommendations for appropriate remedial actions under this Act or regulations prescribed to carry out this Act to supply the emerging technologies needed to achieve robust pandemic preparedness and response; ``(4) recommendations for legislation, regulations, executive orders, or other action by the Federal Government necessary to improve the use of the authorities provided by this Act; ``(5) a summary of the findings and recommendations for improving information sharing between departments, agencies, and independent establishments of the Federal Government relating to all aspects of this Act; and ``(6) any additional findings or recommendations the office considers appropriate. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for the establishment of the office.''. (b) Conforming Amendment.--Section 722(b)(1)(A) of the Defense Production Act of 1950 (50 U.S.C. 4567(b)(1)(A)) is amended by inserting ``except as specified in section 305(c)(2),'' before ``the head of''. SEC. 6. REPORT ON USE OF DEFENSE PRODUCTION ACT OF 1950 AUTHORITIES TO RESPOND TO COVID-19 PANDEMIC. (a) In General.--Not less frequently than once a month during the period described in subsection (b), the Defense Production Act Committee established under section 722 of the Defense Production Act of 1950 (50 U.S.C. 4567) shall submit to the appropriate congressional committees and make available on a publicly accessible internet website a report-- (1) describing activities carried out under titles I and III of that Act related to efforts to respond to the coronavirus disease 2019 (commonly referred to as ``COVID-19'') pandemic; and (2) assessing the effectiveness of interagency coordination and the use of resources to respond to the pandemic. (b) Period Described.--The period described in this subsection is the period-- (1) beginning on the date of the enactment of this Act; and (2) ending on the date on which the national emergency declared under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID-19 terminates. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives <all>

Public Health Emergency Production Act of 2021

A bill to require the Secretary of Health and Human Services to use authorities under the Defense Production Act of 1950 to prioritize contracts necessary to promote pandemic preparedness and response, and for other purposes.

Public Health Emergency Production Act of 2021

Sen. Duckworth, Tammy

D

IL

This bill modifies funding, administration, and reporting related to the Defense Production Act of 1950. That act confers upon the President a broad set of authorities to influence domestic industry to secure essential materials and goods needed for the national defense. Specifically, the bill eliminates a requirement to transfer any balance in excess of $750 million from the Defense Production Act Fund to the General Fund of the Department of the Treasury. In addition, the Department of Health and Human Services (HHS) must require companies to prioritize fulfilling federal contracts or orders necessary for pandemic preparedness and response if HHS finds that the material being procured is essential to the public health and cannot be adequately sourced through normal distribution channels. HHS must also establish, within the Office of the Assistant Secretary for Preparedness and Response, an office responsible for Defense Production Act of 1950 activities. Additionally, staff may rotate between the Office of the Deputy Assistant Secretary of Defense for Industrial Policy and specified components of HHS. Furthermore, the Defense Production Act Committee must report monthly about the use of Defense Production Act of 1950 authorities during the COVID-19 (i.e., coronavirus disease 2019) emergency.

2. is amended by inserting after section 101 the following: ``SEC. 101A. PRIORITIZATION OF CONTRACTS NECESSARY TO PROMOTE PANDEMIC PREPAREDNESS AND RESPONSE. ``(b) Use of Authority.--The powers granted by this section shall be used to control the general distribution of a material in the civilian market if the Secretary finds that-- ``(1) such material is a scarce and critical material essential to public health; and ``(2) the requirements of public health for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship.''. 3. Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) REPORTING OF ACTIONS IN FEDERAL PROCUREMENT DATA SYSTEM. 4. 4534) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Use of Fund.-- ``(1) In general.--The Fund shall be available to carry out the provisions and purposes of this title, subject to the limitations set forth in this Act and in appropriations Acts. ``(2) Components specified.--The components of the Department of Health and Human Services specified in this paragraph are the following: ``(A) The Office of the Assistant Secretary for Preparedness and Response. ``(B) The Centers for Disease Control and Prevention. 5. is amended by adding at the end the following: ``SEC. 305. ESTABLISHMENT OF OFFICE IN DEPARTMENT OF HEALTH AND HUMAN SERVICES. 6. (b) Period Described.--The period described in this subsection is the period-- (1) beginning on the date of the enactment of this Act; and (2) ending on the date on which the national emergency declared under the National Emergencies Act (50 U.S.C. with respect to COVID-19 terminates. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives <all>

2. is amended by inserting after section 101 the following: ``SEC. 101A. PRIORITIZATION OF CONTRACTS NECESSARY TO PROMOTE PANDEMIC PREPAREDNESS AND RESPONSE. ``(b) Use of Authority.--The powers granted by this section shall be used to control the general distribution of a material in the civilian market if the Secretary finds that-- ``(1) such material is a scarce and critical material essential to public health; and ``(2) the requirements of public health for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship.''. 3. Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) REPORTING OF ACTIONS IN FEDERAL PROCUREMENT DATA SYSTEM. 4. 4534) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Use of Fund.-- ``(1) In general.--The Fund shall be available to carry out the provisions and purposes of this title, subject to the limitations set forth in this Act and in appropriations Acts. ``(2) Components specified.--The components of the Department of Health and Human Services specified in this paragraph are the following: ``(A) The Office of the Assistant Secretary for Preparedness and Response. ``(B) The Centers for Disease Control and Prevention. 5. is amended by adding at the end the following: ``SEC. 305. ESTABLISHMENT OF OFFICE IN DEPARTMENT OF HEALTH AND HUMAN SERVICES. 6. (b) Period Described.--The period described in this subsection is the period-- (1) beginning on the date of the enactment of this Act; and (2) ending on the date on which the national emergency declared under the National Emergencies Act (50 U.S.C. with respect to COVID-19 terminates. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives <all>

2. is amended by inserting after section 101 the following: ``SEC. 101A. PRIORITIZATION OF CONTRACTS NECESSARY TO PROMOTE PANDEMIC PREPAREDNESS AND RESPONSE. ``(b) Use of Authority.--The powers granted by this section shall be used to control the general distribution of a material in the civilian market if the Secretary finds that-- ``(1) such material is a scarce and critical material essential to public health; and ``(2) the requirements of public health for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship.''. 3. Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) 109. REPORTING OF ACTIONS IN FEDERAL PROCUREMENT DATA SYSTEM. 4. 4534) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Use of Fund.-- ``(1) In general.--The Fund shall be available to carry out the provisions and purposes of this title, subject to the limitations set forth in this Act and in appropriations Acts. ''; and (5) by adding at the end the following: ``(g) Interagency Rotation Program.-- ``(1) In general.--The Secretary of Health and Human Services and the Secretary of Defense shall establish an interagency rotation program that provides for personnel of the components of the Department of Health and Human Services specified in paragraph (2) to take rotational assignments within the Office of the Deputy Assistant Secretary of Defense for Industrial Policy, and for personnel of that Office to take rotational assignments within such components, for the purposes of-- ``(A) strengthening working relationships between agencies; ``(B) promoting interagency experience; and ``(C) ensuring the amounts in the Fund enable the use of highly tailored economic incentives to boost the manufacturing of critical public health resources that are vital to effective pandemic preparedness and response in the United States. ``(2) Components specified.--The components of the Department of Health and Human Services specified in this paragraph are the following: ``(A) The Office of the Assistant Secretary for Preparedness and Response. ``(B) The Centers for Disease Control and Prevention. 5. is amended by adding at the end the following: ``SEC. 305. ESTABLISHMENT OF OFFICE IN DEPARTMENT OF HEALTH AND HUMAN SERVICES. ``(e) Report Required.--Not less frequently than annually, the head of the office shall submit to Congress, and make available on a publicly accessible internet website of the office, a report that includes-- ``(1) a summary of the work and plans of the office to expand productive capacity and supply responsibilities under this Act during the year preceding submission of the report; ``(2) an assessment of the elements of the industrial base and technology base in the United States; ``(3) recommendations for appropriate remedial actions under this Act or regulations prescribed to carry out this Act to supply the emerging technologies needed to achieve robust pandemic preparedness and response; ``(4) recommendations for legislation, regulations, executive orders, or other action by the Federal Government necessary to improve the use of the authorities provided by this Act; ``(5) a summary of the findings and recommendations for improving information sharing between departments, agencies, and independent establishments of the Federal Government relating to all aspects of this Act; and ``(6) any additional findings or recommendations the office considers appropriate. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for the establishment of the office.''. 6. (b) Period Described.--The period described in this subsection is the period-- (1) beginning on the date of the enactment of this Act; and (2) ending on the date on which the national emergency declared under the National Emergencies Act (50 U.S.C. with respect to COVID-19 terminates. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives <all>

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. is amended by inserting after section 101 the following: ``SEC. 101A. PRIORITIZATION OF CONTRACTS NECESSARY TO PROMOTE PANDEMIC PREPAREDNESS AND RESPONSE. ``(a) In General.--The Secretary of Health and Human Services shall-- ``(1) require that performance under contracts or orders (other than contracts of employment) that the Secretary deems necessary or appropriate to promote preparedness for and response to a pandemic shall take priority over performance under any other contract or order; ``(2) for the purpose of assuring such priority, require acceptance and performance of such contracts or orders in preference to other contracts or orders by persons the Secretary finds to be capable of their performance; and ``(3) allocate materials, services, and facilities in such manner, upon such conditions, and to such extent as the Secretary shall deem necessary or appropriate to promote the public health. ``(b) Use of Authority.--The powers granted by this section shall be used to control the general distribution of a material in the civilian market if the Secretary finds that-- ``(1) such material is a scarce and critical material essential to public health; and ``(2) the requirements of public health for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship.''. 4501 et seq.) 4512), in the last sentence, by inserting ``, 101A,'' after ``sections 101''; and (2) in section 701(e) (50 U.S.C. 3. Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) 109. REPORTING OF ACTIONS IN FEDERAL PROCUREMENT DATA SYSTEM. 4. 4534) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Use of Fund.-- ``(1) In general.--The Fund shall be available to carry out the provisions and purposes of this title, subject to the limitations set forth in this Act and in appropriations Acts. ``(2) Distribution.--The Fund manager designated under subsection (e) shall ensure that amounts in the Fund are fairly distributed to the office established under section 305 and all other Federal agencies with responsibility for carrying out the provisions and purposes of this title. ''; and (5) by adding at the end the following: ``(g) Interagency Rotation Program.-- ``(1) In general.--The Secretary of Health and Human Services and the Secretary of Defense shall establish an interagency rotation program that provides for personnel of the components of the Department of Health and Human Services specified in paragraph (2) to take rotational assignments within the Office of the Deputy Assistant Secretary of Defense for Industrial Policy, and for personnel of that Office to take rotational assignments within such components, for the purposes of-- ``(A) strengthening working relationships between agencies; ``(B) promoting interagency experience; and ``(C) ensuring the amounts in the Fund enable the use of highly tailored economic incentives to boost the manufacturing of critical public health resources that are vital to effective pandemic preparedness and response in the United States. ``(2) Components specified.--The components of the Department of Health and Human Services specified in this paragraph are the following: ``(A) The Office of the Assistant Secretary for Preparedness and Response. ``(B) The Centers for Disease Control and Prevention. 5. 4531 et seq.) is amended by adding at the end the following: ``SEC. 305. ESTABLISHMENT OF OFFICE IN DEPARTMENT OF HEALTH AND HUMAN SERVICES. ``(d) Waiver of Certain Requirements.--The requirements of sections 301(d)(1)(A), 302(d)(1), and subparagraphs (B) and (C) of section 303(a)(6) are waived for purposes of the use of authorities under this Act by the office. ``(e) Report Required.--Not less frequently than annually, the head of the office shall submit to Congress, and make available on a publicly accessible internet website of the office, a report that includes-- ``(1) a summary of the work and plans of the office to expand productive capacity and supply responsibilities under this Act during the year preceding submission of the report; ``(2) an assessment of the elements of the industrial base and technology base in the United States; ``(3) recommendations for appropriate remedial actions under this Act or regulations prescribed to carry out this Act to supply the emerging technologies needed to achieve robust pandemic preparedness and response; ``(4) recommendations for legislation, regulations, executive orders, or other action by the Federal Government necessary to improve the use of the authorities provided by this Act; ``(5) a summary of the findings and recommendations for improving information sharing between departments, agencies, and independent establishments of the Federal Government relating to all aspects of this Act; and ``(6) any additional findings or recommendations the office considers appropriate. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for the establishment of the office.''. (b) Conforming Amendment.--Section 722(b)(1)(A) of the Defense Production Act of 1950 (50 U.S.C. 6. 4567) shall submit to the appropriate congressional committees and make available on a publicly accessible internet website a report-- (1) describing activities carried out under titles I and III of that Act related to efforts to respond to the coronavirus disease 2019 (commonly referred to as ``COVID-19'') pandemic; and (2) assessing the effectiveness of interagency coordination and the use of resources to respond to the pandemic. (b) Period Described.--The period described in this subsection is the period-- (1) beginning on the date of the enactment of this Act; and (2) ending on the date on which the national emergency declared under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID-19 terminates. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives <all>

To require the Secretary of Health and Human Services to use authorities under the Defense Production Act of 1950 to prioritize contracts necessary to promote pandemic preparedness and response, and for other purposes. a) In General.--Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) ``(b) Use of Authority.--The powers granted by this section shall be used to control the general distribution of a material in the civilian market if the Secretary finds that-- ``(1) such material is a scarce and critical material essential to public health; and ``(2) the requirements of public health for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship.''. ( is amended-- (1) in section 102 (50 U.S.C. 4512), in the last sentence, by inserting ``, 101A,'' after ``sections 101''; and (2) in section 701(e) (50 U.S.C. 4551(e)), by inserting ``or the Secretary of Health and Human Services makes a determination to exercise any authority to allocate any material pursuant to section 101A,'' after ``section 101,''. Section 304 of the Defense Production Act of 1950 (50 U.S.C. 4534) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Use of Fund.-- ``(1) In general.--The Fund shall be available to carry out the provisions and purposes of this title, subject to the limitations set forth in this Act and in appropriations Acts. ``(2) Distribution.--The Fund manager designated under subsection (e) shall ensure that amounts in the Fund are fairly distributed to the office established under section 305 and all other Federal agencies with responsibility for carrying out the provisions and purposes of this title. ''; ( ``(2) Components specified.--The components of the Department of Health and Human Services specified in this paragraph are the following: ``(A) The Office of the Assistant Secretary for Preparedness and Response. ESTABLISHMENT OF OFFICE IN DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ADMINISTER TITLE III OF DEFENSE PRODUCTION ACT OF 1950. ( ``(a) In General.--There is established in the Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services an office (in this section referred to as the `office') to be responsible for planning for the use of, reporting on, and implementation of authorities of the Department under this title and other provisions of this Act. ``(d) Waiver of Certain Requirements.--The requirements of sections 301(d)(1)(A), 302(d)(1), and subparagraphs (B) and (C) of section 303(a)(6) are waived for purposes of the use of authorities under this Act by the office. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for the establishment of the office.''. ( b) Conforming Amendment.--Section 722(b)(1)(A) of the Defense Production Act of 1950 (50 U.S.C. 4567(b)(1)(A)) is amended by inserting ``except as specified in section 305(c)(2),'' before ``the head of''. REPORT ON USE OF DEFENSE PRODUCTION ACT OF 1950 AUTHORITIES TO RESPOND TO COVID-19 PANDEMIC. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives <all>

To require the Secretary of Health and Human Services to use authorities under the Defense Production Act of 1950 to prioritize contracts necessary to promote pandemic preparedness and response, and for other purposes. a) In General.--Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) 4551(e)), by inserting ``or the Secretary of Health and Human Services makes a determination to exercise any authority to allocate any material pursuant to section 101A,'' after ``section 101,''. 2) by striking subsection (e); (3) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; (4) in subsection (e), as redesignated by paragraph (3)-- (A) in paragraph (2), by striking ``; and'' and inserting a semicolon; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(4) coordinating with other Federal agencies to ensure that amounts in the Fund are made available to agencies other than the agency of the Fund manager, especially for public health programs. ``(2) Components specified.--The components of the Department of Health and Human Services specified in this paragraph are the following: ``(A) The Office of the Assistant Secretary for Preparedness and Response. ``(a) In General.--There is established in the Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services an office (in this section referred to as the `office') to be responsible for planning for the use of, reporting on, and implementation of authorities of the Department under this title and other provisions of this Act. ``(c) Head of Office.-- ``(1) Appointment.--The Secretary of Health and Human Services shall appoint an official of the Department, at the level of Deputy Assistant Secretary or the equivalent, to be the head of the office. ``(d) Waiver of Certain Requirements.--The requirements of sections 301(d)(1)(A), 302(d)(1), and subparagraphs (B) and (C) of section 303(a)(6) are waived for purposes of the use of authorities under this Act by the office. b) Period Described.--The period described in this subsection is the period-- (1) beginning on the date of the enactment of this Act; and (2) ending on the date on which the national emergency declared under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID-19 terminates. (

To require the Secretary of Health and Human Services to use authorities under the Defense Production Act of 1950 to prioritize contracts necessary to promote pandemic preparedness and response, and for other purposes. a) In General.--Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) 4551(e)), by inserting ``or the Secretary of Health and Human Services makes a determination to exercise any authority to allocate any material pursuant to section 101A,'' after ``section 101,''. 2) by striking subsection (e); (3) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; (4) in subsection (e), as redesignated by paragraph (3)-- (A) in paragraph (2), by striking ``; and'' and inserting a semicolon; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(4) coordinating with other Federal agencies to ensure that amounts in the Fund are made available to agencies other than the agency of the Fund manager, especially for public health programs. ``(2) Components specified.--The components of the Department of Health and Human Services specified in this paragraph are the following: ``(A) The Office of the Assistant Secretary for Preparedness and Response. ``(a) In General.--There is established in the Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services an office (in this section referred to as the `office') to be responsible for planning for the use of, reporting on, and implementation of authorities of the Department under this title and other provisions of this Act. ``(c) Head of Office.-- ``(1) Appointment.--The Secretary of Health and Human Services shall appoint an official of the Department, at the level of Deputy Assistant Secretary or the equivalent, to be the head of the office. ``(d) Waiver of Certain Requirements.--The requirements of sections 301(d)(1)(A), 302(d)(1), and subparagraphs (B) and (C) of section 303(a)(6) are waived for purposes of the use of authorities under this Act by the office. b) Period Described.--The period described in this subsection is the period-- (1) beginning on the date of the enactment of this Act; and (2) ending on the date on which the national emergency declared under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID-19 terminates. (

To require the Secretary of Health and Human Services to use authorities under the Defense Production Act of 1950 to prioritize contracts necessary to promote pandemic preparedness and response, and for other purposes. a) In General.--Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) ``(b) Use of Authority.--The powers granted by this section shall be used to control the general distribution of a material in the civilian market if the Secretary finds that-- ``(1) such material is a scarce and critical material essential to public health; and ``(2) the requirements of public health for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship.''. ( is amended-- (1) in section 102 (50 U.S.C. 4512), in the last sentence, by inserting ``, 101A,'' after ``sections 101''; and (2) in section 701(e) (50 U.S.C. 4551(e)), by inserting ``or the Secretary of Health and Human Services makes a determination to exercise any authority to allocate any material pursuant to section 101A,'' after ``section 101,''. Section 304 of the Defense Production Act of 1950 (50 U.S.C. 4534) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Use of Fund.-- ``(1) In general.--The Fund shall be available to carry out the provisions and purposes of this title, subject to the limitations set forth in this Act and in appropriations Acts. ``(2) Distribution.--The Fund manager designated under subsection (e) shall ensure that amounts in the Fund are fairly distributed to the office established under section 305 and all other Federal agencies with responsibility for carrying out the provisions and purposes of this title. ''; ( ``(2) Components specified.--The components of the Department of Health and Human Services specified in this paragraph are the following: ``(A) The Office of the Assistant Secretary for Preparedness and Response. ESTABLISHMENT OF OFFICE IN DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ADMINISTER TITLE III OF DEFENSE PRODUCTION ACT OF 1950. ( ``(a) In General.--There is established in the Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services an office (in this section referred to as the `office') to be responsible for planning for the use of, reporting on, and implementation of authorities of the Department under this title and other provisions of this Act. ``(d) Waiver of Certain Requirements.--The requirements of sections 301(d)(1)(A), 302(d)(1), and subparagraphs (B) and (C) of section 303(a)(6) are waived for purposes of the use of authorities under this Act by the office. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for the establishment of the office.''. ( b) Conforming Amendment.--Section 722(b)(1)(A) of the Defense Production Act of 1950 (50 U.S.C. 4567(b)(1)(A)) is amended by inserting ``except as specified in section 305(c)(2),'' before ``the head of''. REPORT ON USE OF DEFENSE PRODUCTION ACT OF 1950 AUTHORITIES TO RESPOND TO COVID-19 PANDEMIC. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives <all>

To require the Secretary of Health and Human Services to use authorities under the Defense Production Act of 1950 to prioritize contracts necessary to promote pandemic preparedness and response, and for other purposes. a) In General.--Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) 4551(e)), by inserting ``or the Secretary of Health and Human Services makes a determination to exercise any authority to allocate any material pursuant to section 101A,'' after ``section 101,''. 2) by striking subsection (e); (3) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; (4) in subsection (e), as redesignated by paragraph (3)-- (A) in paragraph (2), by striking ``; and'' and inserting a semicolon; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(4) coordinating with other Federal agencies to ensure that amounts in the Fund are made available to agencies other than the agency of the Fund manager, especially for public health programs. ``(2) Components specified.--The components of the Department of Health and Human Services specified in this paragraph are the following: ``(A) The Office of the Assistant Secretary for Preparedness and Response. ``(a) In General.--There is established in the Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services an office (in this section referred to as the `office') to be responsible for planning for the use of, reporting on, and implementation of authorities of the Department under this title and other provisions of this Act. ``(c) Head of Office.-- ``(1) Appointment.--The Secretary of Health and Human Services shall appoint an official of the Department, at the level of Deputy Assistant Secretary or the equivalent, to be the head of the office. ``(d) Waiver of Certain Requirements.--The requirements of sections 301(d)(1)(A), 302(d)(1), and subparagraphs (B) and (C) of section 303(a)(6) are waived for purposes of the use of authorities under this Act by the office. b) Period Described.--The period described in this subsection is the period-- (1) beginning on the date of the enactment of this Act; and (2) ending on the date on which the national emergency declared under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID-19 terminates. (

To require the Secretary of Health and Human Services to use authorities under the Defense Production Act of 1950 to prioritize contracts necessary to promote pandemic preparedness and response, and for other purposes. a) In General.--Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) ``(b) Use of Authority.--The powers granted by this section shall be used to control the general distribution of a material in the civilian market if the Secretary finds that-- ``(1) such material is a scarce and critical material essential to public health; and ``(2) the requirements of public health for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship.''. ( is amended-- (1) in section 102 (50 U.S.C. 4512), in the last sentence, by inserting ``, 101A,'' after ``sections 101''; and (2) in section 701(e) (50 U.S.C. 4551(e)), by inserting ``or the Secretary of Health and Human Services makes a determination to exercise any authority to allocate any material pursuant to section 101A,'' after ``section 101,''. Section 304 of the Defense Production Act of 1950 (50 U.S.C. 4534) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Use of Fund.-- ``(1) In general.--The Fund shall be available to carry out the provisions and purposes of this title, subject to the limitations set forth in this Act and in appropriations Acts. ``(2) Distribution.--The Fund manager designated under subsection (e) shall ensure that amounts in the Fund are fairly distributed to the office established under section 305 and all other Federal agencies with responsibility for carrying out the provisions and purposes of this title. ''; ( ``(2) Components specified.--The components of the Department of Health and Human Services specified in this paragraph are the following: ``(A) The Office of the Assistant Secretary for Preparedness and Response. ESTABLISHMENT OF OFFICE IN DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ADMINISTER TITLE III OF DEFENSE PRODUCTION ACT OF 1950. ( ``(a) In General.--There is established in the Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services an office (in this section referred to as the `office') to be responsible for planning for the use of, reporting on, and implementation of authorities of the Department under this title and other provisions of this Act. ``(d) Waiver of Certain Requirements.--The requirements of sections 301(d)(1)(A), 302(d)(1), and subparagraphs (B) and (C) of section 303(a)(6) are waived for purposes of the use of authorities under this Act by the office. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for the establishment of the office.''. ( b) Conforming Amendment.--Section 722(b)(1)(A) of the Defense Production Act of 1950 (50 U.S.C. 4567(b)(1)(A)) is amended by inserting ``except as specified in section 305(c)(2),'' before ``the head of''. REPORT ON USE OF DEFENSE PRODUCTION ACT OF 1950 AUTHORITIES TO RESPOND TO COVID-19 PANDEMIC. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives <all>

To require the Secretary of Health and Human Services to use authorities under the Defense Production Act of 1950 to prioritize contracts necessary to promote pandemic preparedness and response, and for other purposes. a) In General.--Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) 4551(e)), by inserting ``or the Secretary of Health and Human Services makes a determination to exercise any authority to allocate any material pursuant to section 101A,'' after ``section 101,''. 2) by striking subsection (e); (3) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; (4) in subsection (e), as redesignated by paragraph (3)-- (A) in paragraph (2), by striking ``; and'' and inserting a semicolon; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(4) coordinating with other Federal agencies to ensure that amounts in the Fund are made available to agencies other than the agency of the Fund manager, especially for public health programs. ``(2) Components specified.--The components of the Department of Health and Human Services specified in this paragraph are the following: ``(A) The Office of the Assistant Secretary for Preparedness and Response. ``(a) In General.--There is established in the Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services an office (in this section referred to as the `office') to be responsible for planning for the use of, reporting on, and implementation of authorities of the Department under this title and other provisions of this Act. ``(c) Head of Office.-- ``(1) Appointment.--The Secretary of Health and Human Services shall appoint an official of the Department, at the level of Deputy Assistant Secretary or the equivalent, to be the head of the office. ``(d) Waiver of Certain Requirements.--The requirements of sections 301(d)(1)(A), 302(d)(1), and subparagraphs (B) and (C) of section 303(a)(6) are waived for purposes of the use of authorities under this Act by the office. b) Period Described.--The period described in this subsection is the period-- (1) beginning on the date of the enactment of this Act; and (2) ending on the date on which the national emergency declared under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID-19 terminates. (

To require the Secretary of Health and Human Services to use authorities under the Defense Production Act of 1950 to prioritize contracts necessary to promote pandemic preparedness and response, and for other purposes. is amended-- (1) in section 102 (50 U.S.C. 4512), in the last sentence, by inserting ``, 101A,'' after ``sections 101''; and (2) in section 701(e) (50 U.S.C. 4551(e)), by inserting ``or the Secretary of Health and Human Services makes a determination to exercise any authority to allocate any material pursuant to section 101A,'' after ``section 101,''. 4534) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Use of Fund.-- ``(1) In general.--The Fund shall be available to carry out the provisions and purposes of this title, subject to the limitations set forth in this Act and in appropriations Acts. ``(a) In General.--There is established in the Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services an office (in this section referred to as the `office') to be responsible for planning for the use of, reporting on, and implementation of authorities of the Department under this title and other provisions of this Act. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for the establishment of the office.''. ( b) Conforming Amendment.--Section 722(b)(1)(A) of the Defense Production Act of 1950 (50 U.S.C. 4567(b)(1)(A)) is amended by inserting ``except as specified in section 305(c)(2),'' before ``the head of''.

To require the Secretary of Health and Human Services to use authorities under the Defense Production Act of 1950 to prioritize contracts necessary to promote pandemic preparedness and response, and for other purposes. ``(a) In General.--There is established in the Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services an office (in this section referred to as the `office') to be responsible for planning for the use of, reporting on, and implementation of authorities of the Department under this title and other provisions of this Act. b) Period Described.--The period described in this subsection is the period-- (1) beginning on the date of the enactment of this Act; and (2) ending on the date on which the national emergency declared under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID-19 terminates. (

To require the Secretary of Health and Human Services to use authorities under the Defense Production Act of 1950 to prioritize contracts necessary to promote pandemic preparedness and response, and for other purposes. is amended-- (1) in section 102 (50 U.S.C. 4512), in the last sentence, by inserting ``, 101A,'' after ``sections 101''; and (2) in section 701(e) (50 U.S.C. 4551(e)), by inserting ``or the Secretary of Health and Human Services makes a determination to exercise any authority to allocate any material pursuant to section 101A,'' after ``section 101,''. 4534) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Use of Fund.-- ``(1) In general.--The Fund shall be available to carry out the provisions and purposes of this title, subject to the limitations set forth in this Act and in appropriations Acts. ``(a) In General.--There is established in the Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services an office (in this section referred to as the `office') to be responsible for planning for the use of, reporting on, and implementation of authorities of the Department under this title and other provisions of this Act. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for the establishment of the office.''. ( b) Conforming Amendment.--Section 722(b)(1)(A) of the Defense Production Act of 1950 (50 U.S.C. 4567(b)(1)(A)) is amended by inserting ``except as specified in section 305(c)(2),'' before ``the head of''.

Public Health Emergency Production Act of 2021 - Amends the Defense Production Act to require the Secretary of Health and Human Services (HHS) to: (1) require that performance under contracts or orders (other than contracts of employment) that the Secretary deems necessary or appropriate to promote preparedness for and response to a pandemic take priority over performance under any other contract or order; (2 Directs the Secretary of Health and Human Services to appoint an official of the Department to be the head of the Office of Pandemic Preparedness and Response to use highly targeted economic incentives authorized under this Act to boost the manufacturing of critical public health resources that are vital to effective pandemic preparedness and response. (Currently, the Office is responsible for planning for the use of

H.R.3114

Labor and Employment

Longshore and Harbor Workers' COVID-19 Compensation Act of 2022 This bill establishes a conclusive presumption that certain workers diagnosed with COVID-19 are entitled to workers' compensation benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). It also provides funding to reimburse employers for costs associated with LHWCA benefits related to COVID-19. The LHWCA provides for medical, disability, and survivor benefits for specified private-sector maritime workers. The presumption applies to workers who were diagnosed with COVID-19 between January 27, 2020, and January 27, 2024, and who, during the incubation period, faced a risk of COVID-19 exposure while carrying out job duties. In addition, the bill establishes and provides funding for the Longshore COVID-19 Fund to reimburse employers for costs related to such COVID-19 claims. To be reimbursed, employers must comply with applicable safety and health guidance to prevent occupational exposure to COVID-19.

To provide benefits authorized under the Longshore and Harbor Workers' Compensation Act to maritime workers who contract COVID-19, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Longshore and Harbor Workers' COVID- 19 Compensation Act of 2022''. SEC. 2. CLAIMS RELATED TO COVID-19. (a) In General.--A covered employee who receives a diagnosis of COVID-19 or is subject to an order described in subsection (b)(2) and who provides notice of or files a claim under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) relating to such diagnosis or order shall be conclusively presumed to have an injury arising out of or in the course of employment for the purpose of compensation under the Longshore and Harbor Workers' Compensation Act. (b) Covered Employee.--In this Act, the term ``covered employee'' means an individual who, at any time during the period beginning January 27, 2020, and ending on January 27, 2024, is an employee engaged in maritime employment as defined in section 2 of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 902(3)) and who-- (1)(A) is diagnosed with COVID-19; and (B) during a covered exposure period with respect to the date of such diagnosis carried out duties which-- (i) required contact with members of the public, co-workers, or other individuals associated with the course of employment; or (ii) included a risk of exposure to the novel coronavirus; or (2) is ordered not to return to work by the employee's employer or by a local, State, or Federal agency because of exposure, or the risk of exposure, to 1 or more individuals diagnosed with COVID-19 in the workplace. (c) Clarification of Maritime Employment.--For the purposes of subsection (b), maritime employment does not include employment under-- (1) the Defense Base Act (42 U.S.C. 1651 et seq.); (2) the Outer Continental Shelf Lands Act (43 U.S.C. 1333(b)); and (3) section 8171 of title 5, United States Code. (d) Limitation.--This Act shall not apply with respect to a covered employee who-- (1) provides notice or files a claim described in subsection (a) on or before the date of enactment of this Act; and (2) is determined to be entitled to the compensation described in subsection (a) or is awarded such compensation if such determination or award is made on or before the date of enactment of this Act. (e) Denials on or Before the Date of Enactment.--Subsection (a) shall apply with respect to a covered employee who is determined not to be entitled to, or who is not awarded, compensation described in subsection (a) if such determination or decision not to award such compensation is made on or before the date of enactment of this Act. (f) Exclusion.--The Secretary shall not consider any compensation paid with respect to a notice or claim to which subsection (a) applies, including disability compensation, death benefits, funeral and burial expenses, and medical expenses, in calculating the annual assessments under section 44(c)(2) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 944(c)(2)). SEC. 3. REIMBURSEMENT. (a) In General.-- (1) Entitlement.--An employer of a covered employee or the employer's carrier shall be entitled to reimbursement pursuant to this Act for any compensation paid with respect to a notice or claim described in section 2(a), including disability compensation, death benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses. (2) Safety and health requirements.--To be entitled to reimbursement under paragraph (1)-- (A) an employer shall be in compliance with all applicable safety and health guidelines and standards that are related to the prevention of occupational exposure to the novel coronavirus, including such guidelines and standards issued by the Occupational Safety and Health Administration, State plans approved under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667), the Centers for Disease Control and Prevention, and the National Institute for Occupational Safety and Health; and (B) a carrier-- (i) shall be a carrier for an employer that is in compliance with subparagraph (A); and (ii) shall not adjust the experience rating or the annual premium of the employer based upon the compensation paid by the carrier with respect to a notice or claim described in section 2(a). (b) Reimbursement Procedures.-- (1) In general.--To receive reimbursement under subsection (a), a claim for such reimbursement shall be submitted to the Secretary of Labor-- (A) not earlier than the date on which a compensation order (as described in section 19(e) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 919(e))) is issued that fixes entitlement to benefits; or (B) not later than one year after the final payment of compensation to a covered employee pursuant to this Act; and (C) in accordance with a rule issued by the Secretary that the Secretary determines to be similar to the process established under part 61 of title 20, Code of Federal Regulations (as in effect on the date of enactment of this Act). (2) Records.--An employer and the employer's carrier shall make, keep, and preserve such records and provide such information as the Secretary of Labor determines necessary or appropriate to carry out this Act. (3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. (c) Appropriations.-- (1) In general.--A reimbursement under this section shall be paid out of the Longshore COVID-19 Fund. (2) Funds.--In addition to amounts otherwise available, there are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to the Longshore COVID-19 Fund for each reimbursement paid out of such Fund under this section. (d) Report.--Not later than 60 days after the end of each of fiscal years 2022, 2023, and 2024, the Secretary of Labor shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, an annual report enumerating-- (1) the number of claims filed pursuant to section 2(a); (2) of such filed claims-- (A) the number and types of claims under the Longshore and Harbor Workers Compensation Act (33 U.S.C. 901 et seq.) with respect to which the presumption under section 2(a) is made; (B) the number and types of such claims denied; and (C) the number and types of such claims pending; and (3) the total number of claims for reimbursement and the total amounts paid for such reimbursement from the Longshore COVID-19 Fund under subsection (c)(1) for the fiscal year for which the report is being submitted. (e) Regulations.--The Secretary of Labor may promulgate such regulations as may be necessary to carry out this Act. (f) Definitions.--In this Act: (1) Covered exposure period.--The term ``covered exposure period'' with respect to the date of a diagnosis described in section 2(b)(1)(A), means the period of days-- (A) ending on the date of such diagnosis; and (B) equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID-19 resulting from such exposure. (2) LHWCA terms.--The terms ``carrier'', ``compensation'', ``employee'', and ``employer'' have the meanings given the terms in section 2 of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 902). (3) Longshore covid-19 fund.--The term ``Longshore COVID-19 Fund'' means the fund established in section 45 of the Longshore and Harbor Workers' Compensation Act (as added by section 4 of this Act). (4) Novel coronavirus.--The term ``novel coronavirus'' means SARS-CoV-2, a variant of SARS-CoV-2, or any other coronavirus declared to be a pandemic by public health authorities. SEC. 4. LONGSHORE COVID-19 FUND. The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) is amended by adding after section 44 the following: ``SEC. 45. LONGSHORE COVID-19 FUND. ``(a) In General.--There is established in the Treasury of the United States the Longshore COVID-19 Fund (in this section, referred to as the `Fund'), which consists of sums that are appropriated to the Fund under section 3(c) of the Longshore and Harbor Workers' COVID-19 Compensation Act of 2022. ``(b) Expenditures.--Amounts in the Fund shall be available for the reimbursement of an employer or the employer's carrier for compensation payments and expenses approved under section 3 of the Longshore and Harbor Workers' COVID-19 Compensation Act of 2022, including disability compensation, death benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses paid under this Act when reimbursement is required under section 3 of the Longshore and Harbor Workers' COVID-19 Compensation Act of 2022, subject to any limitations in such section.''. Union Calendar No. 387 117th CONGRESS 2d Session H. R. 3114 [Report No. 117-526] _______________________________________________________________________

Longshore and Harbor Workers’ COVID–19 Compensation Act of 2022

To provide benefits authorized under the Longshore and Harbor Workers' Compensation Act to maritime workers who contract COVID-19, and for other purposes.

Longshore and Harbor Workers’ COVID–19 Compensation Act of 2022 Longshore and Harbor Workers’ COVID–19 Compensation Act of 2021

Rep. Mrvan, Frank J.

D

IN

This bill establishes a conclusive presumption that certain workers diagnosed with COVID-19 are entitled to workers' compensation benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). It also provides funding to reimburse employers for costs associated with LHWCA benefits related to COVID-19. The LHWCA provides for medical, disability, and survivor benefits for specified private-sector maritime workers. The presumption applies to workers who were diagnosed with COVID-19 between January 27, 2020, and January 27, 2024, and who, during the incubation period, faced a risk of COVID-19 exposure while carrying out job duties. In addition, the bill establishes and provides funding for the Longshore COVID-19 Fund to reimburse employers for costs related to such COVID-19 claims. To be reimbursed, employers must comply with applicable safety and health guidance to prevent occupational exposure to COVID-19.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. CLAIMS RELATED TO COVID-19. (c) Clarification of Maritime Employment.--For the purposes of subsection (b), maritime employment does not include employment under-- (1) the Defense Base Act (42 U.S.C. (e) Denials on or Before the Date of Enactment.--Subsection (a) shall apply with respect to a covered employee who is determined not to be entitled to, or who is not awarded, compensation described in subsection (a) if such determination or decision not to award such compensation is made on or before the date of enactment of this Act. 3. REIMBURSEMENT. (a) In General.-- (1) Entitlement.--An employer of a covered employee or the employer's carrier shall be entitled to reimbursement pursuant to this Act for any compensation paid with respect to a notice or claim described in section 2(a), including disability compensation, death benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses. (3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. (c) Appropriations.-- (1) In general.--A reimbursement under this section shall be paid out of the Longshore COVID-19 Fund. (2) Funds.--In addition to amounts otherwise available, there are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to the Longshore COVID-19 Fund for each reimbursement paid out of such Fund under this section. (e) Regulations.--The Secretary of Labor may promulgate such regulations as may be necessary to carry out this Act. (f) Definitions.--In this Act: (1) Covered exposure period.--The term ``covered exposure period'' with respect to the date of a diagnosis described in section 2(b)(1)(A), means the period of days-- (A) ending on the date of such diagnosis; and (B) equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID-19 resulting from such exposure. 902). SEC. 4. The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) is amended by adding after section 44 the following: ``SEC. 45. Union Calendar No. 387 117th CONGRESS 2d Session H. R. 3114 [Report No. 117-526] _______________________________________________________________________

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. CLAIMS RELATED TO COVID-19. (c) Clarification of Maritime Employment.--For the purposes of subsection (b), maritime employment does not include employment under-- (1) the Defense Base Act (42 U.S.C. 3. REIMBURSEMENT. (a) In General.-- (1) Entitlement.--An employer of a covered employee or the employer's carrier shall be entitled to reimbursement pursuant to this Act for any compensation paid with respect to a notice or claim described in section 2(a), including disability compensation, death benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses. (3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. (c) Appropriations.-- (1) In general.--A reimbursement under this section shall be paid out of the Longshore COVID-19 Fund. (2) Funds.--In addition to amounts otherwise available, there are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to the Longshore COVID-19 Fund for each reimbursement paid out of such Fund under this section. (e) Regulations.--The Secretary of Labor may promulgate such regulations as may be necessary to carry out this Act. (f) Definitions.--In this Act: (1) Covered exposure period.--The term ``covered exposure period'' with respect to the date of a diagnosis described in section 2(b)(1)(A), means the period of days-- (A) ending on the date of such diagnosis; and (B) equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID-19 resulting from such exposure. 902). SEC. 4. The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) 45. 387 117th CONGRESS 2d Session H. R. 3114 [Report No.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. CLAIMS RELATED TO COVID-19. 902(3)) and who-- (1)(A) is diagnosed with COVID-19; and (B) during a covered exposure period with respect to the date of such diagnosis carried out duties which-- (i) required contact with members of the public, co-workers, or other individuals associated with the course of employment; or (ii) included a risk of exposure to the novel coronavirus; or (2) is ordered not to return to work by the employee's employer or by a local, State, or Federal agency because of exposure, or the risk of exposure, to 1 or more individuals diagnosed with COVID-19 in the workplace. (c) Clarification of Maritime Employment.--For the purposes of subsection (b), maritime employment does not include employment under-- (1) the Defense Base Act (42 U.S.C. (e) Denials on or Before the Date of Enactment.--Subsection (a) shall apply with respect to a covered employee who is determined not to be entitled to, or who is not awarded, compensation described in subsection (a) if such determination or decision not to award such compensation is made on or before the date of enactment of this Act. 3. REIMBURSEMENT. (a) In General.-- (1) Entitlement.--An employer of a covered employee or the employer's carrier shall be entitled to reimbursement pursuant to this Act for any compensation paid with respect to a notice or claim described in section 2(a), including disability compensation, death benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses. 919(e))) is issued that fixes entitlement to benefits; or (B) not later than one year after the final payment of compensation to a covered employee pursuant to this Act; and (C) in accordance with a rule issued by the Secretary that the Secretary determines to be similar to the process established under part 61 of title 20, Code of Federal Regulations (as in effect on the date of enactment of this Act). (3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. (c) Appropriations.-- (1) In general.--A reimbursement under this section shall be paid out of the Longshore COVID-19 Fund. (2) Funds.--In addition to amounts otherwise available, there are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to the Longshore COVID-19 Fund for each reimbursement paid out of such Fund under this section. (d) Report.--Not later than 60 days after the end of each of fiscal years 2022, 2023, and 2024, the Secretary of Labor shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, an annual report enumerating-- (1) the number of claims filed pursuant to section 2(a); (2) of such filed claims-- (A) the number and types of claims under the Longshore and Harbor Workers Compensation Act (33 U.S.C. (e) Regulations.--The Secretary of Labor may promulgate such regulations as may be necessary to carry out this Act. (f) Definitions.--In this Act: (1) Covered exposure period.--The term ``covered exposure period'' with respect to the date of a diagnosis described in section 2(b)(1)(A), means the period of days-- (A) ending on the date of such diagnosis; and (B) equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID-19 resulting from such exposure. 902). (4) Novel coronavirus.--The term ``novel coronavirus'' means SARS-CoV-2, a variant of SARS-CoV-2, or any other coronavirus declared to be a pandemic by public health authorities. SEC. 4. The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) is amended by adding after section 44 the following: ``SEC. 45. Union Calendar No. 387 117th CONGRESS 2d Session H. R. 3114 [Report No. 117-526] _______________________________________________________________________

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. CLAIMS RELATED TO COVID-19. relating to such diagnosis or order shall be conclusively presumed to have an injury arising out of or in the course of employment for the purpose of compensation under the Longshore and Harbor Workers' Compensation Act. (b) Covered Employee.--In this Act, the term ``covered employee'' means an individual who, at any time during the period beginning January 27, 2020, and ending on January 27, 2024, is an employee engaged in maritime employment as defined in section 2 of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 902(3)) and who-- (1)(A) is diagnosed with COVID-19; and (B) during a covered exposure period with respect to the date of such diagnosis carried out duties which-- (i) required contact with members of the public, co-workers, or other individuals associated with the course of employment; or (ii) included a risk of exposure to the novel coronavirus; or (2) is ordered not to return to work by the employee's employer or by a local, State, or Federal agency because of exposure, or the risk of exposure, to 1 or more individuals diagnosed with COVID-19 in the workplace. (c) Clarification of Maritime Employment.--For the purposes of subsection (b), maritime employment does not include employment under-- (1) the Defense Base Act (42 U.S.C. 1651 et seq. ); (2) the Outer Continental Shelf Lands Act (43 U.S.C. (e) Denials on or Before the Date of Enactment.--Subsection (a) shall apply with respect to a covered employee who is determined not to be entitled to, or who is not awarded, compensation described in subsection (a) if such determination or decision not to award such compensation is made on or before the date of enactment of this Act. 944(c)(2)). 3. REIMBURSEMENT. (a) In General.-- (1) Entitlement.--An employer of a covered employee or the employer's carrier shall be entitled to reimbursement pursuant to this Act for any compensation paid with respect to a notice or claim described in section 2(a), including disability compensation, death benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses. (2) Safety and health requirements.--To be entitled to reimbursement under paragraph (1)-- (A) an employer shall be in compliance with all applicable safety and health guidelines and standards that are related to the prevention of occupational exposure to the novel coronavirus, including such guidelines and standards issued by the Occupational Safety and Health Administration, State plans approved under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 919(e))) is issued that fixes entitlement to benefits; or (B) not later than one year after the final payment of compensation to a covered employee pursuant to this Act; and (C) in accordance with a rule issued by the Secretary that the Secretary determines to be similar to the process established under part 61 of title 20, Code of Federal Regulations (as in effect on the date of enactment of this Act). (2) Records.--An employer and the employer's carrier shall make, keep, and preserve such records and provide such information as the Secretary of Labor determines necessary or appropriate to carry out this Act. (3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. (c) Appropriations.-- (1) In general.--A reimbursement under this section shall be paid out of the Longshore COVID-19 Fund. (2) Funds.--In addition to amounts otherwise available, there are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to the Longshore COVID-19 Fund for each reimbursement paid out of such Fund under this section. (d) Report.--Not later than 60 days after the end of each of fiscal years 2022, 2023, and 2024, the Secretary of Labor shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, an annual report enumerating-- (1) the number of claims filed pursuant to section 2(a); (2) of such filed claims-- (A) the number and types of claims under the Longshore and Harbor Workers Compensation Act (33 U.S.C. (e) Regulations.--The Secretary of Labor may promulgate such regulations as may be necessary to carry out this Act. (f) Definitions.--In this Act: (1) Covered exposure period.--The term ``covered exposure period'' with respect to the date of a diagnosis described in section 2(b)(1)(A), means the period of days-- (A) ending on the date of such diagnosis; and (B) equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID-19 resulting from such exposure. 902). (4) Novel coronavirus.--The term ``novel coronavirus'' means SARS-CoV-2, a variant of SARS-CoV-2, or any other coronavirus declared to be a pandemic by public health authorities. SEC. 4. The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) is amended by adding after section 44 the following: ``SEC. 45. Union Calendar No. 387 117th CONGRESS 2d Session H. R. 3114 [Report No. 117-526] _______________________________________________________________________

To provide benefits authorized under the Longshore and Harbor Workers' Compensation Act to maritime workers who contract COVID-19, and for other purposes. b) Covered Employee.--In this Act, the term ``covered employee'' means an individual who, at any time during the period beginning January 27, 2020, and ending on January 27, 2024, is an employee engaged in maritime employment as defined in section 2 of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 902(3)) and who-- (1)(A) is diagnosed with COVID-19; and (B) during a covered exposure period with respect to the date of such diagnosis carried out duties which-- (i) required contact with members of the public, co-workers, or other individuals associated with the course of employment; or (ii) included a risk of exposure to the novel coronavirus; or (2) is ordered not to return to work by the employee's employer or by a local, State, or Federal agency because of exposure, or the risk of exposure, to 1 or more individuals diagnosed with COVID-19 in the workplace. ( c) Clarification of Maritime Employment.--For the purposes of subsection (b), maritime employment does not include employment under-- (1) the Defense Base Act (42 U.S.C. 1651 et seq. ); ( (e) Denials on or Before the Date of Enactment.--Subsection (a) shall apply with respect to a covered employee who is determined not to be entitled to, or who is not awarded, compensation described in subsection (a) if such determination or decision not to award such compensation is made on or before the date of enactment of this Act. ( f) Exclusion.--The Secretary shall not consider any compensation paid with respect to a notice or claim to which subsection (a) applies, including disability compensation, death benefits, funeral and burial expenses, and medical expenses, in calculating the annual assessments under section 44(c)(2) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 944(c)(2)). b) Reimbursement Procedures.-- (1) In general.--To receive reimbursement under subsection (a), a claim for such reimbursement shall be submitted to the Secretary of Labor-- (A) not earlier than the date on which a compensation order (as described in section 19(e) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 919(e))) is issued that fixes entitlement to benefits; or (B) not later than one year after the final payment of compensation to a covered employee pursuant to this Act; and (C) in accordance with a rule issued by the Secretary that the Secretary determines to be similar to the process established under part 61 of title 20, Code of Federal Regulations (as in effect on the date of enactment of this Act). ( 3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. ( (d) Report.--Not later than 60 days after the end of each of fiscal years 2022, 2023, and 2024, the Secretary of Labor shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, an annual report enumerating-- (1) the number of claims filed pursuant to section 2(a); (2) of such filed claims-- (A) the number and types of claims under the Longshore and Harbor Workers Compensation Act (33 U.S.C. 901 et seq.) with respect to which the presumption under section 2(a) is made; (B) the number and types of such claims denied; and (C) the number and types of such claims pending; and (3) the total number of claims for reimbursement and the total amounts paid for such reimbursement from the Longshore COVID-19 Fund under subsection (c)(1) for the fiscal year for which the report is being submitted. ( (f) Definitions.--In this Act: (1) Covered exposure period.--The term ``covered exposure period'' with respect to the date of a diagnosis described in section 2(b)(1)(A), means the period of days-- (A) ending on the date of such diagnosis; and (B) equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID-19 resulting from such exposure. ( 3) Longshore covid-19 fund.--The term ``Longshore COVID-19 Fund'' means the fund established in section 45 of the Longshore and Harbor Workers' Compensation Act (as added by section 4 of this Act). ( ``(a) In General.--There is established in the Treasury of the United States the Longshore COVID-19 Fund (in this section, referred to as the `Fund'), which consists of sums that are appropriated to the Fund under section 3(c) of the Longshore and Harbor Workers' COVID-19 Compensation Act of 2022. 387 117th CONGRESS 2d Session H. R. 3114 [Report No.

To provide benefits authorized under the Longshore and Harbor Workers' Compensation Act to maritime workers who contract COVID-19, and for other purposes. 2) the Outer Continental Shelf Lands Act (43 U.S.C. 1333(b)); and (3) section 8171 of title 5, United States Code. (d) Limitation.--This Act shall not apply with respect to a covered employee who-- (1) provides notice or files a claim described in subsection (a) on or before the date of enactment of this Act; and (2) is determined to be entitled to the compensation described in subsection (a) or is awarded such compensation if such determination or award is made on or before the date of enactment of this Act. ( f) Exclusion.--The Secretary shall not consider any compensation paid with respect to a notice or claim to which subsection (a) applies, including disability compensation, death benefits, funeral and burial expenses, and medical expenses, in calculating the annual assessments under section 44(c)(2) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 944(c)(2)). 667), the Centers for Disease Control and Prevention, and the National Institute for Occupational Safety and Health; and (B) a carrier-- (i) shall be a carrier for an employer that is in compliance with subparagraph (A); and (ii) shall not adjust the experience rating or the annual premium of the employer based upon the compensation paid by the carrier with respect to a notice or claim described in section 2(a). ( 3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. ( (d) Report.--Not later than 60 days after the end of each of fiscal years 2022, 2023, and 2024, the Secretary of Labor shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, an annual report enumerating-- (1) the number of claims filed pursuant to section 2(a); (2) of such filed claims-- (A) the number and types of claims under the Longshore and Harbor Workers Compensation Act (33 U.S.C. 901 et seq.) 3) Longshore covid-19 fund.--The term ``Longshore COVID-19 Fund'' means the fund established in section 45 of the Longshore and Harbor Workers' Compensation Act (as added by section 4 of this Act). ( The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) ``(a) In General.--There is established in the Treasury of the United States the Longshore COVID-19 Fund (in this section, referred to as the `Fund'), which consists of sums that are appropriated to the Fund under section 3(c) of the Longshore and Harbor Workers' COVID-19 Compensation Act of 2022.

To provide benefits authorized under the Longshore and Harbor Workers' Compensation Act to maritime workers who contract COVID-19, and for other purposes. 2) the Outer Continental Shelf Lands Act (43 U.S.C. 1333(b)); and (3) section 8171 of title 5, United States Code. (d) Limitation.--This Act shall not apply with respect to a covered employee who-- (1) provides notice or files a claim described in subsection (a) on or before the date of enactment of this Act; and (2) is determined to be entitled to the compensation described in subsection (a) or is awarded such compensation if such determination or award is made on or before the date of enactment of this Act. ( f) Exclusion.--The Secretary shall not consider any compensation paid with respect to a notice or claim to which subsection (a) applies, including disability compensation, death benefits, funeral and burial expenses, and medical expenses, in calculating the annual assessments under section 44(c)(2) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 944(c)(2)). 667), the Centers for Disease Control and Prevention, and the National Institute for Occupational Safety and Health; and (B) a carrier-- (i) shall be a carrier for an employer that is in compliance with subparagraph (A); and (ii) shall not adjust the experience rating or the annual premium of the employer based upon the compensation paid by the carrier with respect to a notice or claim described in section 2(a). ( 3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. ( (d) Report.--Not later than 60 days after the end of each of fiscal years 2022, 2023, and 2024, the Secretary of Labor shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, an annual report enumerating-- (1) the number of claims filed pursuant to section 2(a); (2) of such filed claims-- (A) the number and types of claims under the Longshore and Harbor Workers Compensation Act (33 U.S.C. 901 et seq.) 3) Longshore covid-19 fund.--The term ``Longshore COVID-19 Fund'' means the fund established in section 45 of the Longshore and Harbor Workers' Compensation Act (as added by section 4 of this Act). ( The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) ``(a) In General.--There is established in the Treasury of the United States the Longshore COVID-19 Fund (in this section, referred to as the `Fund'), which consists of sums that are appropriated to the Fund under section 3(c) of the Longshore and Harbor Workers' COVID-19 Compensation Act of 2022.

To provide benefits authorized under the Longshore and Harbor Workers' Compensation Act to maritime workers who contract COVID-19, and for other purposes. b) Covered Employee.--In this Act, the term ``covered employee'' means an individual who, at any time during the period beginning January 27, 2020, and ending on January 27, 2024, is an employee engaged in maritime employment as defined in section 2 of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 902(3)) and who-- (1)(A) is diagnosed with COVID-19; and (B) during a covered exposure period with respect to the date of such diagnosis carried out duties which-- (i) required contact with members of the public, co-workers, or other individuals associated with the course of employment; or (ii) included a risk of exposure to the novel coronavirus; or (2) is ordered not to return to work by the employee's employer or by a local, State, or Federal agency because of exposure, or the risk of exposure, to 1 or more individuals diagnosed with COVID-19 in the workplace. ( c) Clarification of Maritime Employment.--For the purposes of subsection (b), maritime employment does not include employment under-- (1) the Defense Base Act (42 U.S.C. 1651 et seq. ); ( (e) Denials on or Before the Date of Enactment.--Subsection (a) shall apply with respect to a covered employee who is determined not to be entitled to, or who is not awarded, compensation described in subsection (a) if such determination or decision not to award such compensation is made on or before the date of enactment of this Act. ( f) Exclusion.--The Secretary shall not consider any compensation paid with respect to a notice or claim to which subsection (a) applies, including disability compensation, death benefits, funeral and burial expenses, and medical expenses, in calculating the annual assessments under section 44(c)(2) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 944(c)(2)). b) Reimbursement Procedures.-- (1) In general.--To receive reimbursement under subsection (a), a claim for such reimbursement shall be submitted to the Secretary of Labor-- (A) not earlier than the date on which a compensation order (as described in section 19(e) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 919(e))) is issued that fixes entitlement to benefits; or (B) not later than one year after the final payment of compensation to a covered employee pursuant to this Act; and (C) in accordance with a rule issued by the Secretary that the Secretary determines to be similar to the process established under part 61 of title 20, Code of Federal Regulations (as in effect on the date of enactment of this Act). ( 3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. ( (d) Report.--Not later than 60 days after the end of each of fiscal years 2022, 2023, and 2024, the Secretary of Labor shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, an annual report enumerating-- (1) the number of claims filed pursuant to section 2(a); (2) of such filed claims-- (A) the number and types of claims under the Longshore and Harbor Workers Compensation Act (33 U.S.C. 901 et seq.) with respect to which the presumption under section 2(a) is made; (B) the number and types of such claims denied; and (C) the number and types of such claims pending; and (3) the total number of claims for reimbursement and the total amounts paid for such reimbursement from the Longshore COVID-19 Fund under subsection (c)(1) for the fiscal year for which the report is being submitted. ( (f) Definitions.--In this Act: (1) Covered exposure period.--The term ``covered exposure period'' with respect to the date of a diagnosis described in section 2(b)(1)(A), means the period of days-- (A) ending on the date of such diagnosis; and (B) equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID-19 resulting from such exposure. ( 3) Longshore covid-19 fund.--The term ``Longshore COVID-19 Fund'' means the fund established in section 45 of the Longshore and Harbor Workers' Compensation Act (as added by section 4 of this Act). ( ``(a) In General.--There is established in the Treasury of the United States the Longshore COVID-19 Fund (in this section, referred to as the `Fund'), which consists of sums that are appropriated to the Fund under section 3(c) of the Longshore and Harbor Workers' COVID-19 Compensation Act of 2022. 387 117th CONGRESS 2d Session H. R. 3114 [Report No.

To provide benefits authorized under the Longshore and Harbor Workers' Compensation Act to maritime workers who contract COVID-19, and for other purposes. 2) the Outer Continental Shelf Lands Act (43 U.S.C. 1333(b)); and (3) section 8171 of title 5, United States Code. (d) Limitation.--This Act shall not apply with respect to a covered employee who-- (1) provides notice or files a claim described in subsection (a) on or before the date of enactment of this Act; and (2) is determined to be entitled to the compensation described in subsection (a) or is awarded such compensation if such determination or award is made on or before the date of enactment of this Act. ( f) Exclusion.--The Secretary shall not consider any compensation paid with respect to a notice or claim to which subsection (a) applies, including disability compensation, death benefits, funeral and burial expenses, and medical expenses, in calculating the annual assessments under section 44(c)(2) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 944(c)(2)). 667), the Centers for Disease Control and Prevention, and the National Institute for Occupational Safety and Health; and (B) a carrier-- (i) shall be a carrier for an employer that is in compliance with subparagraph (A); and (ii) shall not adjust the experience rating or the annual premium of the employer based upon the compensation paid by the carrier with respect to a notice or claim described in section 2(a). ( 3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. ( (d) Report.--Not later than 60 days after the end of each of fiscal years 2022, 2023, and 2024, the Secretary of Labor shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, an annual report enumerating-- (1) the number of claims filed pursuant to section 2(a); (2) of such filed claims-- (A) the number and types of claims under the Longshore and Harbor Workers Compensation Act (33 U.S.C. 901 et seq.) 3) Longshore covid-19 fund.--The term ``Longshore COVID-19 Fund'' means the fund established in section 45 of the Longshore and Harbor Workers' Compensation Act (as added by section 4 of this Act). ( The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) ``(a) In General.--There is established in the Treasury of the United States the Longshore COVID-19 Fund (in this section, referred to as the `Fund'), which consists of sums that are appropriated to the Fund under section 3(c) of the Longshore and Harbor Workers' COVID-19 Compensation Act of 2022.

To provide benefits authorized under the Longshore and Harbor Workers' Compensation Act to maritime workers who contract COVID-19, and for other purposes. c) Clarification of Maritime Employment.--For the purposes of subsection (b), maritime employment does not include employment under-- (1) the Defense Base Act (42 U.S.C. 1651 et seq. ); ( (e) Denials on or Before the Date of Enactment.--Subsection (a) shall apply with respect to a covered employee who is determined not to be entitled to, or who is not awarded, compensation described in subsection (a) if such determination or decision not to award such compensation is made on or before the date of enactment of this Act. ( f) Exclusion.--The Secretary shall not consider any compensation paid with respect to a notice or claim to which subsection (a) applies, including disability compensation, death benefits, funeral and burial expenses, and medical expenses, in calculating the annual assessments under section 44(c)(2) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 944(c)(2)). ( 3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. ( ( with respect to which the presumption under section 2(a) is made; (B) the number and types of such claims denied; and (C) the number and types of such claims pending; and (3) the total number of claims for reimbursement and the total amounts paid for such reimbursement from the Longshore COVID-19 Fund under subsection (c)(1) for the fiscal year for which the report is being submitted. ( (f) Definitions.--In this Act: (1) Covered exposure period.--The term ``covered exposure period'' with respect to the date of a diagnosis described in section 2(b)(1)(A), means the period of days-- (A) ending on the date of such diagnosis; and (B) equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID-19 resulting from such exposure. ( ``(a) In General.--There is established in the Treasury of the United States the Longshore COVID-19 Fund (in this section, referred to as the `Fund'), which consists of sums that are appropriated to the Fund under section 3(c) of the Longshore and Harbor Workers' COVID-19 Compensation Act of 2022.

To provide benefits authorized under the Longshore and Harbor Workers' Compensation Act to maritime workers who contract COVID-19, and for other purposes. 2) the Outer Continental Shelf Lands Act (43 U.S.C. 1333(b)); and (3) section 8171 of title 5, United States Code. (d) Limitation.--This Act shall not apply with respect to a covered employee who-- (1) provides notice or files a claim described in subsection (a) on or before the date of enactment of this Act; and (2) is determined to be entitled to the compensation described in subsection (a) or is awarded such compensation if such determination or award is made on or before the date of enactment of this Act. ( f) Exclusion.--The Secretary shall not consider any compensation paid with respect to a notice or claim to which subsection (a) applies, including disability compensation, death benefits, funeral and burial expenses, and medical expenses, in calculating the annual assessments under section 44(c)(2) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 944(c)(2)). 667), the Centers for Disease Control and Prevention, and the National Institute for Occupational Safety and Health; and (B) a carrier-- (i) shall be a carrier for an employer that is in compliance with subparagraph (A); and (ii) shall not adjust the experience rating or the annual premium of the employer based upon the compensation paid by the carrier with respect to a notice or claim described in section 2(a). ( 3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. ( (d) Report.--Not later than 60 days after the end of each of fiscal years 2022, 2023, and 2024, the Secretary of Labor shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, an annual report enumerating-- (1) the number of claims filed pursuant to section 2(a); (2) of such filed claims-- (A) the number and types of claims under the Longshore and Harbor Workers Compensation Act (33 U.S.C. 901 et seq.) 3) Longshore covid-19 fund.--The term ``Longshore COVID-19 Fund'' means the fund established in section 45 of the Longshore and Harbor Workers' Compensation Act (as added by section 4 of this Act). ( The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) ``(a) In General.--There is established in the Treasury of the United States the Longshore COVID-19 Fund (in this section, referred to as the `Fund'), which consists of sums that are appropriated to the Fund under section 3(c) of the Longshore and Harbor Workers' COVID-19 Compensation Act of 2022.

To provide benefits authorized under the Longshore and Harbor Workers' Compensation Act to maritime workers who contract COVID-19, and for other purposes. c) Clarification of Maritime Employment.--For the purposes of subsection (b), maritime employment does not include employment under-- (1) the Defense Base Act (42 U.S.C. 1651 et seq. ); ( (e) Denials on or Before the Date of Enactment.--Subsection (a) shall apply with respect to a covered employee who is determined not to be entitled to, or who is not awarded, compensation described in subsection (a) if such determination or decision not to award such compensation is made on or before the date of enactment of this Act. ( f) Exclusion.--The Secretary shall not consider any compensation paid with respect to a notice or claim to which subsection (a) applies, including disability compensation, death benefits, funeral and burial expenses, and medical expenses, in calculating the annual assessments under section 44(c)(2) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 944(c)(2)). ( 3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. ( ( with respect to which the presumption under section 2(a) is made; (B) the number and types of such claims denied; and (C) the number and types of such claims pending; and (3) the total number of claims for reimbursement and the total amounts paid for such reimbursement from the Longshore COVID-19 Fund under subsection (c)(1) for the fiscal year for which the report is being submitted. ( (f) Definitions.--In this Act: (1) Covered exposure period.--The term ``covered exposure period'' with respect to the date of a diagnosis described in section 2(b)(1)(A), means the period of days-- (A) ending on the date of such diagnosis; and (B) equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID-19 resulting from such exposure. ( ``(a) In General.--There is established in the Treasury of the United States the Longshore COVID-19 Fund (in this section, referred to as the `Fund'), which consists of sums that are appropriated to the Fund under section 3(c) of the Longshore and Harbor Workers' COVID-19 Compensation Act of 2022.

To provide benefits authorized under the Longshore and Harbor Workers' Compensation Act to maritime workers who contract COVID-19, and for other purposes. 667), the Centers for Disease Control and Prevention, and the National Institute for Occupational Safety and Health; and (B) a carrier-- (i) shall be a carrier for an employer that is in compliance with subparagraph (A); and (ii) shall not adjust the experience rating or the annual premium of the employer based upon the compensation paid by the carrier with respect to a notice or claim described in section 2(a). ( 3) Longshore covid-19 fund.--The term ``Longshore COVID-19 Fund'' means the fund established in section 45 of the Longshore and Harbor Workers' Compensation Act (as added by section 4 of this Act). ( The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.)

To provide benefits authorized under the Longshore and Harbor Workers' Compensation Act to maritime workers who contract COVID-19, and for other purposes. f) Exclusion.--The Secretary shall not consider any compensation paid with respect to a notice or claim to which subsection (a) applies, including disability compensation, death benefits, funeral and burial expenses, and medical expenses, in calculating the annual assessments under section 44(c)(2) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 944(c)(2)). ( ( ( with respect to which the presumption under section 2(a) is made; (B) the number and types of such claims denied; and (C) the number and types of such claims pending; and (3) the total number of claims for reimbursement and the total amounts paid for such reimbursement from the Longshore COVID-19 Fund under subsection (c)(1) for the fiscal year for which the report is being submitted. ( ( f) Definitions.--In this Act: (1) Covered exposure period.--The term ``covered exposure period'' with respect to the date of a diagnosis described in section 2(b)(1)(A), means the period of days-- (A) ending on the date of such diagnosis; and (B) equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID-19 resulting from such exposure. (

Longshore and Harbor Workers' COVID- 19 Compensation Act of 2022 - Concludes that a covered employee who receives a diagnosis of the novel coronavirus (COVID-19) or is subject to an order relating to such diagnosis or order shall be conclusively presumed to have an injury arising out of or in the course of employment for the purpose of compensation under the Longshore and Amends the Longshore and Harbor Workers' Compensation Act to establish in the Treasury the longshore COVID-19 Fund, which consists of sums appropriated to the Fund under the Act for the reimbursement of an employer or the employer's carrier for compensation payments and expenses approved under such Act, including disability compensation, death benefits, funeral and burial expenses, medical or other related costs for treatment

H.R.9024

Energy

Directing Responsibility to Interior for Leases and Licenses Act or the DRILL Act This bill requires the Department of the Interior to issue permits under the Mineral Leasing Act for all pending applications to drill for oil and gas on public land if the applications are complete and meet the requirements of the National Environmental Policy Act of 1969 and other applicable law. In addition, the bill creates a variety of requirements for Interior to report on and publish data concerning leases and permits to develop oil, gas, and renewable energy.

To direct the Secretary of the Interior to submit a report and maintain publicly available data on expressions of interests, applications for permits to drill, and offshore geological and geophysical survey licenses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Directing Responsibility to Interior for Leases and Licenses Act'' or the ``DRILL Act''. SEC. 2. EXPRESSIONS OF INTEREST; APPLICATIONS FOR PERMITS TO DRILL; OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY LICENSING. (a) Report.--Not later than 30 days after the date of enactment of this section, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (1) the status of nominated parcels for future onshore oil and gas lease sales, including-- (A) the number of expressions of interest that the Bureau of Land Management has not taken any action to review, or not completed review of, as of the date of enactment of this section; and (B) how long such expressions of interest have been pending; (2) the status of each pending application for a permit to drill, including the number of applications received, in each Bureau of Land Management State office as of the date of enactment of this section, including-- (A) a description of the cause of delay for pending applications, including as a result of staffing shortages, technical limitations, incomplete applications, and incomplete review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or other applicable laws; (B) the number of days an application has been pending in violation of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)); and (C) steps the office is taking to come into compliance with the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)); (3) the number of permits to drill issued by each Bureau of Land Management State office as of the date of enactment of this section; (4) the status of each pending application for a license for offshore geological and geophysical surveys, including the number of applications received, in each Bureau of Ocean Energy management regional office, including-- (A) a description of any cause of delay for pending applications, including as a result of staffing shortages, technical limitations, incomplete applications, and incomplete review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or other applicable laws; (B) the number of days an application has been pending; and (C) steps the Bureau of Ocean Energy Management is taking to complete review of each application; (5) the number of licenses for offshore geological and geophysical surveys issued by each Bureau of Ocean Energy Management regional office as of the date of enactment of this section; (6) the status of each pending application for a permit to drill, including the number of applications received, in each Bureau of Safety and Environmental Enforcement regional office, including-- (A) a description of any cause of delay for pending applications, including as a result of staffing shortages, technical limitations, incomplete applications, and incomplete review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or other applicable laws; (B) the number of days an application has been pending; and (C) steps the Bureau of Safety and Environmental Enforcement is taking to complete review of each application; (7) the number of permits to drill issued by each Bureau of Safety and Environmental Enforcement regional office as of the date of enactment of this section; (8) how, as applicable, the Bureau of Land Management, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement determines whether to-- (A) issue a license for geological and geophysical surveys; (B) issue a permit to drill; and (C) issue, extend, or suspend an oil and gas lease; (9) when determinations described in paragraph (8) are sent to the national office of the Bureau of Land Management, the Bureau of Ocean Energy Management, or the Bureau of Safety and Environmental Enforcement for final approval; (10) the degree to which Bureau of Land Management, Bureau of Ocean Energy Management, and Bureau of Safety and Environmental Enforcement field, State, and regional offices exercise discretion on such final approval; (11) the number of auctioned leases receiving accepted bids that have not been issued to winning bidders and the number days such leases have not been issued; and (12) a description of the uses of application for permit to drill fees paid by permit holders over the previous 5-year period. (b) Pending Applications for Permits To Drill.--Not later than 30 days after the date of enactment of this section, the Secretary of the Interior shall issue all pending applications for a permit to drill that meet the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)). (c) Public Availability of Data.-- (1) Mineral leasing act.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(s) Public Availability of Data.-- ``(1) Expressions of interest.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending, approved, and not approved expressions of interest in nominated parcels for future onshore oil and gas lease sales in the preceding month. ``(2) Applications for permits to drill.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for permits to drill in the preceding month in each State office. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved and not approved expressions of interest for onshore oil and gas lease sales during such 5-year period; and ``(B) the number of approved and not approved applications for permits to drill during such 5-year period.''. (2) Outer continental shelf lands act.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Public Availability of Data.-- ``(1) Offshore geological and geophysical survey licenses.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for licenses for offshore to geological and geophysical surveys in the preceding month. ``(2) Applications for permits to drill.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for permits to drill on the outer Continental Shelf in the preceding month in each regional office. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved applications for licenses for offshore geological and geophysical surveys; and ``(B) the number of approved applications for permits to drill on the outer Continental Shelf.''. (d) Requirement To Submit Documents and Communications.-- (1) In general.--Not later than 60 days after the date of enactment of this section, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives all documents and communications relating to the comprehensive review of Federal oil and gas permitting and leasing practices required under section 208 of Executive Order 14008 (86 Fed. Reg. 7624; relating to tackling the climate crisis at home and abroad). (2) Inclusions.--The submission under paragraph (1) shall include all documents and communications submitted to the Secretary of the Interior by members of the public in response to any public meeting or forum relating to the comprehensive review described in that paragraph. SEC. 3. STAFF PLANNING REPORT. The Secretary of the Interior and the Secretary of Agriculture shall each annually submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the staffing capacity of each respective agency with respect to issuing oil, gas, coal, and renewable energy leases, rights-of-way, easements, and permits. Each such report shall include-- (1) the number of staff assigned to oil, gas, coal, and renewable energy leasing and permitting, respectively; and (2) a description of how many staff are needed to meet statutory requirements for such leasing and permitting and how, as applicable, the Department of the Interior or the Department of Agriculture plans to address staffing shortfalls for such leasing and permitting. <all>

DRILL Act

To direct the Secretary of the Interior to submit a report and maintain publicly available data on expressions of interests, applications for permits to drill, and offshore geological and geophysical survey licenses, and for other purposes.

DRILL Act Directing Responsibility to Interior for Leases and Licenses Act

Rep. Tiffany, Thomas P.

R

WI

This bill requires the Department of the Interior to issue permits under the Mineral Leasing Act for all pending applications to drill for oil and gas on public land if the applications are complete and meet the requirements of the National Environmental Policy Act of 1969 and other applicable law. In addition, the bill creates a variety of requirements for Interior to report on and publish data concerning leases and permits to develop oil, gas, and renewable energy.

2. EXPRESSIONS OF INTEREST; APPLICATIONS FOR PERMITS TO DRILL; OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY LICENSING. 4321 et seq.) or other applicable laws; (B) the number of days an application has been pending; and (C) steps the Bureau of Safety and Environmental Enforcement is taking to complete review of each application; (7) the number of permits to drill issued by each Bureau of Safety and Environmental Enforcement regional office as of the date of enactment of this section; (8) how, as applicable, the Bureau of Land Management, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement determines whether to-- (A) issue a license for geological and geophysical surveys; (B) issue a permit to drill; and (C) issue, extend, or suspend an oil and gas lease; (9) when determinations described in paragraph (8) are sent to the national office of the Bureau of Land Management, the Bureau of Ocean Energy Management, or the Bureau of Safety and Environmental Enforcement for final approval; (10) the degree to which Bureau of Land Management, Bureau of Ocean Energy Management, and Bureau of Safety and Environmental Enforcement field, State, and regional offices exercise discretion on such final approval; (11) the number of auctioned leases receiving accepted bids that have not been issued to winning bidders and the number days such leases have not been issued; and (12) a description of the uses of application for permit to drill fees paid by permit holders over the previous 5-year period. 226(p)(2)). (c) Public Availability of Data.-- (1) Mineral leasing act.--Section 17 of the Mineral Leasing Act (30 U.S.C. ``(2) Applications for permits to drill.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for permits to drill in the preceding month in each State office. (2) Outer continental shelf lands act.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. SEC. 3. STAFF PLANNING REPORT. The Secretary of the Interior and the Secretary of Agriculture shall each annually submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the staffing capacity of each respective agency with respect to issuing oil, gas, coal, and renewable energy leases, rights-of-way, easements, and permits.

2. 4321 et seq.) or other applicable laws; (B) the number of days an application has been pending; and (C) steps the Bureau of Safety and Environmental Enforcement is taking to complete review of each application; (7) the number of permits to drill issued by each Bureau of Safety and Environmental Enforcement regional office as of the date of enactment of this section; (8) how, as applicable, the Bureau of Land Management, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement determines whether to-- (A) issue a license for geological and geophysical surveys; (B) issue a permit to drill; and (C) issue, extend, or suspend an oil and gas lease; (9) when determinations described in paragraph (8) are sent to the national office of the Bureau of Land Management, the Bureau of Ocean Energy Management, or the Bureau of Safety and Environmental Enforcement for final approval; (10) the degree to which Bureau of Land Management, Bureau of Ocean Energy Management, and Bureau of Safety and Environmental Enforcement field, State, and regional offices exercise discretion on such final approval; (11) the number of auctioned leases receiving accepted bids that have not been issued to winning bidders and the number days such leases have not been issued; and (12) a description of the uses of application for permit to drill fees paid by permit holders over the previous 5-year period. 226(p)(2)). (c) Public Availability of Data.-- (1) Mineral leasing act.--Section 17 of the Mineral Leasing Act (30 U.S.C. ``(2) Applications for permits to drill.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for permits to drill in the preceding month in each State office. 3. STAFF PLANNING REPORT.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Directing Responsibility to Interior for Leases and Licenses Act'' or the ``DRILL Act''. 2. EXPRESSIONS OF INTEREST; APPLICATIONS FOR PERMITS TO DRILL; OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY LICENSING. 226(p)(2)); (3) the number of permits to drill issued by each Bureau of Land Management State office as of the date of enactment of this section; (4) the status of each pending application for a license for offshore geological and geophysical surveys, including the number of applications received, in each Bureau of Ocean Energy management regional office, including-- (A) a description of any cause of delay for pending applications, including as a result of staffing shortages, technical limitations, incomplete applications, and incomplete review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or other applicable laws; (B) the number of days an application has been pending; and (C) steps the Bureau of Safety and Environmental Enforcement is taking to complete review of each application; (7) the number of permits to drill issued by each Bureau of Safety and Environmental Enforcement regional office as of the date of enactment of this section; (8) how, as applicable, the Bureau of Land Management, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement determines whether to-- (A) issue a license for geological and geophysical surveys; (B) issue a permit to drill; and (C) issue, extend, or suspend an oil and gas lease; (9) when determinations described in paragraph (8) are sent to the national office of the Bureau of Land Management, the Bureau of Ocean Energy Management, or the Bureau of Safety and Environmental Enforcement for final approval; (10) the degree to which Bureau of Land Management, Bureau of Ocean Energy Management, and Bureau of Safety and Environmental Enforcement field, State, and regional offices exercise discretion on such final approval; (11) the number of auctioned leases receiving accepted bids that have not been issued to winning bidders and the number days such leases have not been issued; and (12) a description of the uses of application for permit to drill fees paid by permit holders over the previous 5-year period. 226(p)(2)). (c) Public Availability of Data.-- (1) Mineral leasing act.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(s) Public Availability of Data.-- ``(1) Expressions of interest.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending, approved, and not approved expressions of interest in nominated parcels for future onshore oil and gas lease sales in the preceding month. ``(2) Applications for permits to drill.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for permits to drill in the preceding month in each State office. (2) Outer continental shelf lands act.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. Reg. 7624; relating to tackling the climate crisis at home and abroad). (2) Inclusions.--The submission under paragraph (1) shall include all documents and communications submitted to the Secretary of the Interior by members of the public in response to any public meeting or forum relating to the comprehensive review described in that paragraph. SEC. 3. STAFF PLANNING REPORT. The Secretary of the Interior and the Secretary of Agriculture shall each annually submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the staffing capacity of each respective agency with respect to issuing oil, gas, coal, and renewable energy leases, rights-of-way, easements, and permits. Each such report shall include-- (1) the number of staff assigned to oil, gas, coal, and renewable energy leasing and permitting, respectively; and (2) a description of how many staff are needed to meet statutory requirements for such leasing and permitting and how, as applicable, the Department of the Interior or the Department of Agriculture plans to address staffing shortfalls for such leasing and permitting.

To direct the Secretary of the Interior to submit a report and maintain publicly available data on expressions of interests, applications for permits to drill, and offshore geological and geophysical survey licenses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Directing Responsibility to Interior for Leases and Licenses Act'' or the ``DRILL Act''. 2. EXPRESSIONS OF INTEREST; APPLICATIONS FOR PERMITS TO DRILL; OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY LICENSING. or other applicable laws; (B) the number of days an application has been pending in violation of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)); and (C) steps the office is taking to come into compliance with the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)); (3) the number of permits to drill issued by each Bureau of Land Management State office as of the date of enactment of this section; (4) the status of each pending application for a license for offshore geological and geophysical surveys, including the number of applications received, in each Bureau of Ocean Energy management regional office, including-- (A) a description of any cause of delay for pending applications, including as a result of staffing shortages, technical limitations, incomplete applications, and incomplete review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or other applicable laws; (B) the number of days an application has been pending; and (C) steps the Bureau of Safety and Environmental Enforcement is taking to complete review of each application; (7) the number of permits to drill issued by each Bureau of Safety and Environmental Enforcement regional office as of the date of enactment of this section; (8) how, as applicable, the Bureau of Land Management, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement determines whether to-- (A) issue a license for geological and geophysical surveys; (B) issue a permit to drill; and (C) issue, extend, or suspend an oil and gas lease; (9) when determinations described in paragraph (8) are sent to the national office of the Bureau of Land Management, the Bureau of Ocean Energy Management, or the Bureau of Safety and Environmental Enforcement for final approval; (10) the degree to which Bureau of Land Management, Bureau of Ocean Energy Management, and Bureau of Safety and Environmental Enforcement field, State, and regional offices exercise discretion on such final approval; (11) the number of auctioned leases receiving accepted bids that have not been issued to winning bidders and the number days such leases have not been issued; and (12) a description of the uses of application for permit to drill fees paid by permit holders over the previous 5-year period. 226(p)(2)). (c) Public Availability of Data.-- (1) Mineral leasing act.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(s) Public Availability of Data.-- ``(1) Expressions of interest.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending, approved, and not approved expressions of interest in nominated parcels for future onshore oil and gas lease sales in the preceding month. ``(2) Applications for permits to drill.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for permits to drill in the preceding month in each State office. (2) Outer continental shelf lands act.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved applications for licenses for offshore geological and geophysical surveys; and ``(B) the number of approved applications for permits to drill on the outer Continental Shelf.''. (d) Requirement To Submit Documents and Communications.-- (1) In general.--Not later than 60 days after the date of enactment of this section, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives all documents and communications relating to the comprehensive review of Federal oil and gas permitting and leasing practices required under section 208 of Executive Order 14008 (86 Fed. Reg. 7624; relating to tackling the climate crisis at home and abroad). (2) Inclusions.--The submission under paragraph (1) shall include all documents and communications submitted to the Secretary of the Interior by members of the public in response to any public meeting or forum relating to the comprehensive review described in that paragraph. SEC. 3. STAFF PLANNING REPORT. The Secretary of the Interior and the Secretary of Agriculture shall each annually submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the staffing capacity of each respective agency with respect to issuing oil, gas, coal, and renewable energy leases, rights-of-way, easements, and permits. Each such report shall include-- (1) the number of staff assigned to oil, gas, coal, and renewable energy leasing and permitting, respectively; and (2) a description of how many staff are needed to meet statutory requirements for such leasing and permitting and how, as applicable, the Department of the Interior or the Department of Agriculture plans to address staffing shortfalls for such leasing and permitting.

To direct the Secretary of the Interior to submit a report and maintain publicly available data on expressions of interests, applications for permits to drill, and offshore geological and geophysical survey licenses, and for other purposes. This Act may be cited as the ``Directing Responsibility to Interior for Leases and Licenses Act'' or the ``DRILL Act''. or other applicable laws; (B) the number of days an application has been pending in violation of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)); and (C) steps the office is taking to come into compliance with the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. (b) Pending Applications for Permits To Drill.--Not later than 30 days after the date of enactment of this section, the Secretary of the Interior shall issue all pending applications for a permit to drill that meet the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)). ( c) Public Availability of Data.-- (1) Mineral leasing act.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(s) Public Availability of Data.-- ``(1) Expressions of interest.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending, approved, and not approved expressions of interest in nominated parcels for future onshore oil and gas lease sales in the preceding month. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved and not approved expressions of interest for onshore oil and gas lease sales during such 5-year period; and ``(B) the number of approved and not approved applications for permits to drill during such 5-year period.''. ( 2) Outer continental shelf lands act.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Public Availability of Data.-- ``(1) Offshore geological and geophysical survey licenses.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for licenses for offshore to geological and geophysical surveys in the preceding month. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved applications for licenses for offshore geological and geophysical surveys; and ``(B) the number of approved applications for permits to drill on the outer Continental Shelf.''. ( d) Requirement To Submit Documents and Communications.-- (1) In general.--Not later than 60 days after the date of enactment of this section, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives all documents and communications relating to the comprehensive review of Federal oil and gas permitting and leasing practices required under section 208 of Executive Order 14008 (86 Fed. The Secretary of the Interior and the Secretary of Agriculture shall each annually submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the staffing capacity of each respective agency with respect to issuing oil, gas, coal, and renewable energy leases, rights-of-way, easements, and permits. Each such report shall include-- (1) the number of staff assigned to oil, gas, coal, and renewable energy leasing and permitting, respectively; and (2) a description of how many staff are needed to meet statutory requirements for such leasing and permitting and how, as applicable, the Department of the Interior or the Department of Agriculture plans to address staffing shortfalls for such leasing and permitting.

To direct the Secretary of the Interior to submit a report and maintain publicly available data on expressions of interests, applications for permits to drill, and offshore geological and geophysical survey licenses, and for other purposes. or other applicable laws; (B) the number of days an application has been pending in violation of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)); and (C) steps the office is taking to come into compliance with the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. b) Pending Applications for Permits To Drill.--Not later than 30 days after the date of enactment of this section, the Secretary of the Interior shall issue all pending applications for a permit to drill that meet the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)). ( c) Public Availability of Data.-- (1) Mineral leasing act.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(s) Public Availability of Data.-- ``(1) Expressions of interest.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending, approved, and not approved expressions of interest in nominated parcels for future onshore oil and gas lease sales in the preceding month. ``(2) Applications for permits to drill.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for permits to drill on the outer Continental Shelf in the preceding month in each regional office. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved applications for licenses for offshore geological and geophysical surveys; and ``(B) the number of approved applications for permits to drill on the outer Continental Shelf.''. ( Each such report shall include-- (1) the number of staff assigned to oil, gas, coal, and renewable energy leasing and permitting, respectively; and (2) a description of how many staff are needed to meet statutory requirements for such leasing and permitting and how, as applicable, the Department of the Interior or the Department of Agriculture plans to address staffing shortfalls for such leasing and permitting.

To direct the Secretary of the Interior to submit a report and maintain publicly available data on expressions of interests, applications for permits to drill, and offshore geological and geophysical survey licenses, and for other purposes. or other applicable laws; (B) the number of days an application has been pending in violation of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)); and (C) steps the office is taking to come into compliance with the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. b) Pending Applications for Permits To Drill.--Not later than 30 days after the date of enactment of this section, the Secretary of the Interior shall issue all pending applications for a permit to drill that meet the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)). ( c) Public Availability of Data.-- (1) Mineral leasing act.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(s) Public Availability of Data.-- ``(1) Expressions of interest.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending, approved, and not approved expressions of interest in nominated parcels for future onshore oil and gas lease sales in the preceding month. ``(2) Applications for permits to drill.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for permits to drill on the outer Continental Shelf in the preceding month in each regional office. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved applications for licenses for offshore geological and geophysical surveys; and ``(B) the number of approved applications for permits to drill on the outer Continental Shelf.''. ( Each such report shall include-- (1) the number of staff assigned to oil, gas, coal, and renewable energy leasing and permitting, respectively; and (2) a description of how many staff are needed to meet statutory requirements for such leasing and permitting and how, as applicable, the Department of the Interior or the Department of Agriculture plans to address staffing shortfalls for such leasing and permitting.

To direct the Secretary of the Interior to submit a report and maintain publicly available data on expressions of interests, applications for permits to drill, and offshore geological and geophysical survey licenses, and for other purposes. This Act may be cited as the ``Directing Responsibility to Interior for Leases and Licenses Act'' or the ``DRILL Act''. or other applicable laws; (B) the number of days an application has been pending in violation of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)); and (C) steps the office is taking to come into compliance with the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. (b) Pending Applications for Permits To Drill.--Not later than 30 days after the date of enactment of this section, the Secretary of the Interior shall issue all pending applications for a permit to drill that meet the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)). ( c) Public Availability of Data.-- (1) Mineral leasing act.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(s) Public Availability of Data.-- ``(1) Expressions of interest.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending, approved, and not approved expressions of interest in nominated parcels for future onshore oil and gas lease sales in the preceding month. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved and not approved expressions of interest for onshore oil and gas lease sales during such 5-year period; and ``(B) the number of approved and not approved applications for permits to drill during such 5-year period.''. ( 2) Outer continental shelf lands act.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Public Availability of Data.-- ``(1) Offshore geological and geophysical survey licenses.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for licenses for offshore to geological and geophysical surveys in the preceding month. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved applications for licenses for offshore geological and geophysical surveys; and ``(B) the number of approved applications for permits to drill on the outer Continental Shelf.''. ( d) Requirement To Submit Documents and Communications.-- (1) In general.--Not later than 60 days after the date of enactment of this section, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives all documents and communications relating to the comprehensive review of Federal oil and gas permitting and leasing practices required under section 208 of Executive Order 14008 (86 Fed. The Secretary of the Interior and the Secretary of Agriculture shall each annually submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the staffing capacity of each respective agency with respect to issuing oil, gas, coal, and renewable energy leases, rights-of-way, easements, and permits. Each such report shall include-- (1) the number of staff assigned to oil, gas, coal, and renewable energy leasing and permitting, respectively; and (2) a description of how many staff are needed to meet statutory requirements for such leasing and permitting and how, as applicable, the Department of the Interior or the Department of Agriculture plans to address staffing shortfalls for such leasing and permitting.

To direct the Secretary of the Interior to submit a report and maintain publicly available data on expressions of interests, applications for permits to drill, and offshore geological and geophysical survey licenses, and for other purposes. or other applicable laws; (B) the number of days an application has been pending in violation of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)); and (C) steps the office is taking to come into compliance with the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. b) Pending Applications for Permits To Drill.--Not later than 30 days after the date of enactment of this section, the Secretary of the Interior shall issue all pending applications for a permit to drill that meet the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)). ( c) Public Availability of Data.-- (1) Mineral leasing act.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(s) Public Availability of Data.-- ``(1) Expressions of interest.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending, approved, and not approved expressions of interest in nominated parcels for future onshore oil and gas lease sales in the preceding month. ``(2) Applications for permits to drill.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for permits to drill on the outer Continental Shelf in the preceding month in each regional office. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved applications for licenses for offshore geological and geophysical surveys; and ``(B) the number of approved applications for permits to drill on the outer Continental Shelf.''. ( Each such report shall include-- (1) the number of staff assigned to oil, gas, coal, and renewable energy leasing and permitting, respectively; and (2) a description of how many staff are needed to meet statutory requirements for such leasing and permitting and how, as applicable, the Department of the Interior or the Department of Agriculture plans to address staffing shortfalls for such leasing and permitting.

To direct the Secretary of the Interior to submit a report and maintain publicly available data on expressions of interests, applications for permits to drill, and offshore geological and geophysical survey licenses, and for other purposes. This Act may be cited as the ``Directing Responsibility to Interior for Leases and Licenses Act'' or the ``DRILL Act''. or other applicable laws; (B) the number of days an application has been pending in violation of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)); and (C) steps the office is taking to come into compliance with the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. (b) Pending Applications for Permits To Drill.--Not later than 30 days after the date of enactment of this section, the Secretary of the Interior shall issue all pending applications for a permit to drill that meet the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)). ( c) Public Availability of Data.-- (1) Mineral leasing act.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(s) Public Availability of Data.-- ``(1) Expressions of interest.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending, approved, and not approved expressions of interest in nominated parcels for future onshore oil and gas lease sales in the preceding month. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved and not approved expressions of interest for onshore oil and gas lease sales during such 5-year period; and ``(B) the number of approved and not approved applications for permits to drill during such 5-year period.''. ( 2) Outer continental shelf lands act.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Public Availability of Data.-- ``(1) Offshore geological and geophysical survey licenses.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for licenses for offshore to geological and geophysical surveys in the preceding month. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved applications for licenses for offshore geological and geophysical surveys; and ``(B) the number of approved applications for permits to drill on the outer Continental Shelf.''. ( d) Requirement To Submit Documents and Communications.-- (1) In general.--Not later than 60 days after the date of enactment of this section, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives all documents and communications relating to the comprehensive review of Federal oil and gas permitting and leasing practices required under section 208 of Executive Order 14008 (86 Fed. The Secretary of the Interior and the Secretary of Agriculture shall each annually submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the staffing capacity of each respective agency with respect to issuing oil, gas, coal, and renewable energy leases, rights-of-way, easements, and permits. Each such report shall include-- (1) the number of staff assigned to oil, gas, coal, and renewable energy leasing and permitting, respectively; and (2) a description of how many staff are needed to meet statutory requirements for such leasing and permitting and how, as applicable, the Department of the Interior or the Department of Agriculture plans to address staffing shortfalls for such leasing and permitting.

To direct the Secretary of the Interior to submit a report and maintain publicly available data on expressions of interests, applications for permits to drill, and offshore geological and geophysical survey licenses, and for other purposes. or other applicable laws; (B) the number of days an application has been pending in violation of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)); and (C) steps the office is taking to come into compliance with the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. b) Pending Applications for Permits To Drill.--Not later than 30 days after the date of enactment of this section, the Secretary of the Interior shall issue all pending applications for a permit to drill that meet the requirements of section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)). ( c) Public Availability of Data.-- (1) Mineral leasing act.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(s) Public Availability of Data.-- ``(1) Expressions of interest.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending, approved, and not approved expressions of interest in nominated parcels for future onshore oil and gas lease sales in the preceding month. ``(2) Applications for permits to drill.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for permits to drill on the outer Continental Shelf in the preceding month in each regional office. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved applications for licenses for offshore geological and geophysical surveys; and ``(B) the number of approved applications for permits to drill on the outer Continental Shelf.''. ( Each such report shall include-- (1) the number of staff assigned to oil, gas, coal, and renewable energy leasing and permitting, respectively; and (2) a description of how many staff are needed to meet statutory requirements for such leasing and permitting and how, as applicable, the Department of the Interior or the Department of Agriculture plans to address staffing shortfalls for such leasing and permitting.

To direct the Secretary of the Interior to submit a report and maintain publicly available data on expressions of interests, applications for permits to drill, and offshore geological and geophysical survey licenses, and for other purposes. This Act may be cited as the ``Directing Responsibility to Interior for Leases and Licenses Act'' or the ``DRILL Act''. 226) is amended by adding at the end the following: ``(s) Public Availability of Data.-- ``(1) Expressions of interest.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending, approved, and not approved expressions of interest in nominated parcels for future onshore oil and gas lease sales in the preceding month. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved and not approved expressions of interest for onshore oil and gas lease sales during such 5-year period; and ``(B) the number of approved and not approved applications for permits to drill during such 5-year period.''. ( 1337) is amended by adding at the end the following: ``(q) Public Availability of Data.-- ``(1) Offshore geological and geophysical survey licenses.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for licenses for offshore to geological and geophysical surveys in the preceding month. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved applications for licenses for offshore geological and geophysical surveys; and ``(B) the number of approved applications for permits to drill on the outer Continental Shelf.''. ( The Secretary of the Interior and the Secretary of Agriculture shall each annually submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the staffing capacity of each respective agency with respect to issuing oil, gas, coal, and renewable energy leases, rights-of-way, easements, and permits. Each such report shall include-- (1) the number of staff assigned to oil, gas, coal, and renewable energy leasing and permitting, respectively; and (2) a description of how many staff are needed to meet statutory requirements for such leasing and permitting and how, as applicable, the Department of the Interior or the Department of Agriculture plans to address staffing shortfalls for such leasing and permitting.

To direct the Secretary of the Interior to submit a report and maintain publicly available data on expressions of interests, applications for permits to drill, and offshore geological and geophysical survey licenses, and for other purposes. c) Public Availability of Data.-- (1) Mineral leasing act.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(s) Public Availability of Data.-- ``(1) Expressions of interest.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending, approved, and not approved expressions of interest in nominated parcels for future onshore oil and gas lease sales in the preceding month. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved applications for licenses for offshore geological and geophysical surveys; and ``(B) the number of approved applications for permits to drill on the outer Continental Shelf.''. ( Each such report shall include-- (1) the number of staff assigned to oil, gas, coal, and renewable energy leasing and permitting, respectively; and (2) a description of how many staff are needed to meet statutory requirements for such leasing and permitting and how, as applicable, the Department of the Interior or the Department of Agriculture plans to address staffing shortfalls for such leasing and permitting.

To direct the Secretary of the Interior to submit a report and maintain publicly available data on expressions of interests, applications for permits to drill, and offshore geological and geophysical survey licenses, and for other purposes. 226) is amended by adding at the end the following: ``(s) Public Availability of Data.-- ``(1) Expressions of interest.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending, approved, and not approved expressions of interest in nominated parcels for future onshore oil and gas lease sales in the preceding month. ( 1337) is amended by adding at the end the following: ``(q) Public Availability of Data.-- ``(1) Offshore geological and geophysical survey licenses.--Not later than 30 days after the date of enactment of this subsection, and each month thereafter, the Secretary shall publish on the website of the Department of the Interior the number of pending and approved applications for licenses for offshore to geological and geophysical surveys in the preceding month. ``(3) Past data.--Not later than 30 days after the date of enactment of this subsection, the Secretary shall publish on the website of the Department of the Interior, with respect to the 5-year period ending on the date of enactment of this subsection-- ``(A) the number of approved applications for licenses for offshore geological and geophysical surveys; and ``(B) the number of approved applications for permits to drill on the outer Continental Shelf.''. ( Each such report shall include-- (1) the number of staff assigned to oil, gas, coal, and renewable energy leasing and permitting, respectively; and (2) a description of how many staff are needed to meet statutory requirements for such leasing and permitting and how, as applicable, the Department of the Interior or the Department of Agriculture plans to address staffing shortfalls for such leasing and permitting.

Directing Responsibility to Interior for Leases and Licenses Act or the DRILL Act - Directs the Secretary of the Interior to report to specified congressional committees on: (1) the status of nominated parcels for future onshore oil and gas lease sales; (2) the number of expressions of interest that the Bureau of Land Management (BLM) has not taken any action to Amends the Outer Continental Shelf Lands Act to require the Secretary of the Interior to publish on the Department of Energy's (DOE's) website: (1) the number of approved and not approved expressions of interest for onshore oil and gas lease sales during the five-year period ending on the date of enactment of this Act; and (2) applications for permits to

H.R.1335

Environmental Protection

Fostering and Realizing Electrification by Encouraging Zero Emission Refrigeration Trucks Act of 2021 or the FREEZER Trucks Act of 2021 This bill requires the Environmental Protection Agency to establish a pilot program to award grants, rebates, or low-cost revolving loans for electrifying or retiring diesel-powered transport refrigeration units in certain heavy-duty vehicles (e.g., commercial trucks).

To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FREEZER Trucks Act of 2021'' or the ``Fostering and Realizing Electrification by Encouraging Zero Emission Refrigeration Trucks Act of 2021''. SEC. 2. PILOT PROGRAM FOR THE ELECTRIFICATION OF CERTAIN REFRIGERATED VEHICLES. (a) Establishment of Pilot Program.--The Administrator shall establish and carry out a pilot program to award funds, in the form of grants, rebates, and low-cost revolving loans, as determined appropriate by the Administrator, on a competitive basis, to eligible entities to carry out projects described in subsection (b). (b) Projects.--An eligible entity receiving an award of funds under subsection (a) may use such funds only for one or more of the following projects: (1) Transport refrigeration unit replacement.--A project to retrofit a heavy-duty vehicle by replacing or retrofitting the existing diesel-powered transport refrigeration unit in such vehicle with an electric transport refrigeration unit and retiring the replaced unit for scrappage. (2) Shore power infrastructure.--A project to purchase and install shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power and operate without using diesel fuel. (c) Maximum Amounts.--The amount of an award of funds under subsection (a) shall not exceed-- (1) for the costs of a project described in subsection (b)(1), 75 percent of such costs; and (2) for the costs of a project described in subsection (b)(2), 55 percent of such costs. (d) Applications.--To be eligible to receive an award of funds under subsection (a), an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including-- (1) a description of the air quality in the area served by the eligible entity, including a description of how the air quality is affected by diesel emissions from heavy-duty vehicles; (2) a description of the project proposed by the eligible entity, including-- (A) any technology to be used or funded by the eligible entity; and (B) a description of the heavy-duty vehicle or vehicles of the eligible entity, that will be retrofitted, if any, including-- (i) the number of such vehicles; (ii) the uses of such vehicles; (iii) the locations where such vehicles dock for the purpose of loading or unloading; and (iv) the routes driven by such vehicles, including the times at which such vehicles are driven; (3) an estimate of the cost of the proposed project; (4) a description of the age and expected lifetime control of the equipment used or funded by the eligible entity; and (5) provisions for the monitoring and verification of the project including to verify scrappage of any replaced units. (e) Priority.--In awarding funds under subsection (a), the Administrator shall give priority to proposed projects that, as determined by the Administrator-- (1) maximize public health benefits; (2) are the most cost-effective; and (3) will serve the communities that are most polluted by diesel motor emissions, including communities that the Administrator identifies as being in either nonattainment or maintenance of the national ambient air quality standards for a criteria pollutant under section 109 of the Clean Air Act (42 U.S.C. 7409), particularly for-- (A) ozone; and (B) particulate matter. (f) Data Release.--Not later than 120 days after the date on which an award of funds is made under this section, the Administrator shall publish on the website of the Environmental Protection Agency, on a downloadable electronic database, information with respect to such award of funds, including-- (1) the name and location of the recipient; (2) the total amount of funds awarded; (3) the intended use or uses of the awarded funds; (4) the date on which the award of funds was approved; (5) where applicable, an estimate of any air pollution or greenhouse gas emissions avoided as a result of the project funded by the award; and (6) any other data the Administrator determines to be necessary for an evaluation of the use and effect of awarded funds provided under this section. (g) Reports to Congress.-- (1) Annual report to congress.--Not later than 1 year after the date of the establishment of the pilot program under this section, and annually thereafter until amounts made available to carry out this section are fully expended, the Administrator shall submit to Congress and make available to the public a report that describes, with respect to the applicable year-- (A) the number of applications for awards of funds received under such program; (B) all awards of funds made under such program, including a summary of the data described in subsection (f); (C) the estimated reduction of annual emissions of air pollutants regulated under section 109 of the Clean Air Act (42 U.S.C. 7409), and the estimated reduction of greenhouse gas emissions, associated with the awards of funds made under such program; (D) the number of awards of funds made under such program for projects in communities described in subsection (e)(3); and (E) any other data the Administrator determines to be necessary to describe the implementation, outcomes, or effectiveness of such program. (2) Final report.--Not later than 1 year after amounts made available to carry out this section are fully expended, or 5 years after the pilot program is established, whichever comes first, the Administrator shall submit to Congress and make available to the public a report that describes-- (A) all of the information collected for the annual reports under paragraph (1); (B) any benefits to the environment or human health that could result from the widespread application of electric transport refrigeration units for short-haul transportation and delivery of perishable goods or other goods requiring climate-controlled conditions, including in low-income communities and communities of color; (C) any challenges or benefits that recipients of awards of funds under such program reported with respect to the integration or use of electric transport refrigeration units and associated technologies; (D) an assessment of the national market potential for electric transport refrigeration units; (E) an assessment of challenges and opportunities for widespread deployment of electric transport refrigeration units, including in urban areas; and (F) recommendations for how future Federal, State, and local programs can best support the adoption and widespread deployment of electric transport refrigeration units. (h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Diesel-powered transport refrigeration unit.--The term ``diesel-powered transport refrigeration unit'' means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. (3) Electric transport refrigeration unit.--The term ``electric transport refrigeration unit'' means a transport refrigeration unit in which the refrigeration or climate- control system is driven by an electric motor when connected to shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power, including all-electric transport refrigeration units, hybrid electric transport refrigeration units, and standby electric transport refrigeration units. (4) Eligible entity.--The term ``eligible entity'' means-- (A) a regional, State, local, or Tribal agency, or port authority, with jurisdiction over transportation or air quality; (B) a nonprofit organization or institution that-- (i) represents or provides pollution reduction or educational services to individuals or organizations that own or operate heavy-duty vehicles or fleets of heavy- duty vehicles; or (ii) has, as its principal purpose, the promotion of air quality; (C) an individual or entity that is the owner of record of a heavy-duty vehicle or a fleet of heavy-duty vehicles that operates for the transportation and delivery of perishable goods or other goods requiring climate-controlled conditions; (D) an individual or entity that is the owner of record of a facility that operates as a warehouse or storage facility for perishable goods or other goods requiring climate-controlled conditions; or (E) a hospital or public health institution that utilizes refrigeration for storage of perishable goods or other goods requiring climate-controlled conditions. (5) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' means-- (A) a commercial truck or van-- (i) used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions; and (ii) with a gross vehicle weight rating greater than 6,000 pounds; or (B) an insulated cargo trailer used in transporting perishable goods or other goods requiring climate- controlled conditions when mounted on a semitrailer. (6) Shore power infrastructure.--The term ``shore power infrastructure'' means electrical infrastructure that provides power to the electric transport refrigeration unit of a heavy- duty vehicle when such vehicle is stationary on a property where such vehicle is parked or loaded, including a food distribution center or other location where heavy-duty vehicles congregate. (7) Transport refrigeration unit.--The term ``transport refrigeration unit'' means a climate-control system installed on a heavy-duty vehicle for the purpose of maintaining the quality of perishable goods or other goods requiring climate- controlled conditions. (i) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $30,000,000, to remain available until expended. (2) Administrative expenses.--The Administrator may use not more than 1 percent of amounts made available pursuant to paragraph (1) for administrative expenses to carry out this section. <all>

Fostering and Realizing Electrification by Encouraging Zero Emission Refrigeration Trucks Act of 2021

To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes.

FREEZER Trucks Act of 2021 Fostering and Realizing Electrification by Encouraging Zero Emission Refrigeration Trucks Act of 2021

Rep. Clarke, Yvette D.

D

NY

This bill requires the Environmental Protection Agency to establish a pilot program to award grants, rebates, or low-cost revolving loans for electrifying or retiring diesel-powered transport refrigeration units in certain heavy-duty vehicles (e.g., commercial trucks).

This Act may be cited as the ``FREEZER Trucks Act of 2021'' or the ``Fostering and Realizing Electrification by Encouraging Zero Emission Refrigeration Trucks Act of 2021''. 2. PILOT PROGRAM FOR THE ELECTRIFICATION OF CERTAIN REFRIGERATED VEHICLES. (c) Maximum Amounts.--The amount of an award of funds under subsection (a) shall not exceed-- (1) for the costs of a project described in subsection (b)(1), 75 percent of such costs; and (2) for the costs of a project described in subsection (b)(2), 55 percent of such costs. (g) Reports to Congress.-- (1) Annual report to congress.--Not later than 1 year after the date of the establishment of the pilot program under this section, and annually thereafter until amounts made available to carry out this section are fully expended, the Administrator shall submit to Congress and make available to the public a report that describes, with respect to the applicable year-- (A) the number of applications for awards of funds received under such program; (B) all awards of funds made under such program, including a summary of the data described in subsection (f); (C) the estimated reduction of annual emissions of air pollutants regulated under section 109 of the Clean Air Act (42 U.S.C. (h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Electric transport refrigeration unit.--The term ``electric transport refrigeration unit'' means a transport refrigeration unit in which the refrigeration or climate- control system is driven by an electric motor when connected to shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power, including all-electric transport refrigeration units, hybrid electric transport refrigeration units, and standby electric transport refrigeration units. (4) Eligible entity.--The term ``eligible entity'' means-- (A) a regional, State, local, or Tribal agency, or port authority, with jurisdiction over transportation or air quality; (B) a nonprofit organization or institution that-- (i) represents or provides pollution reduction or educational services to individuals or organizations that own or operate heavy-duty vehicles or fleets of heavy- duty vehicles; or (ii) has, as its principal purpose, the promotion of air quality; (C) an individual or entity that is the owner of record of a heavy-duty vehicle or a fleet of heavy-duty vehicles that operates for the transportation and delivery of perishable goods or other goods requiring climate-controlled conditions; (D) an individual or entity that is the owner of record of a facility that operates as a warehouse or storage facility for perishable goods or other goods requiring climate-controlled conditions; or (E) a hospital or public health institution that utilizes refrigeration for storage of perishable goods or other goods requiring climate-controlled conditions. (i) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $30,000,000, to remain available until expended.

This Act may be cited as the ``FREEZER Trucks Act of 2021'' or the ``Fostering and Realizing Electrification by Encouraging Zero Emission Refrigeration Trucks Act of 2021''. 2. PILOT PROGRAM FOR THE ELECTRIFICATION OF CERTAIN REFRIGERATED VEHICLES. (c) Maximum Amounts.--The amount of an award of funds under subsection (a) shall not exceed-- (1) for the costs of a project described in subsection (b)(1), 75 percent of such costs; and (2) for the costs of a project described in subsection (b)(2), 55 percent of such costs. (h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Electric transport refrigeration unit.--The term ``electric transport refrigeration unit'' means a transport refrigeration unit in which the refrigeration or climate- control system is driven by an electric motor when connected to shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power, including all-electric transport refrigeration units, hybrid electric transport refrigeration units, and standby electric transport refrigeration units. (4) Eligible entity.--The term ``eligible entity'' means-- (A) a regional, State, local, or Tribal agency, or port authority, with jurisdiction over transportation or air quality; (B) a nonprofit organization or institution that-- (i) represents or provides pollution reduction or educational services to individuals or organizations that own or operate heavy-duty vehicles or fleets of heavy- duty vehicles; or (ii) has, as its principal purpose, the promotion of air quality; (C) an individual or entity that is the owner of record of a heavy-duty vehicle or a fleet of heavy-duty vehicles that operates for the transportation and delivery of perishable goods or other goods requiring climate-controlled conditions; (D) an individual or entity that is the owner of record of a facility that operates as a warehouse or storage facility for perishable goods or other goods requiring climate-controlled conditions; or (E) a hospital or public health institution that utilizes refrigeration for storage of perishable goods or other goods requiring climate-controlled conditions. (i) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $30,000,000, to remain available until expended.

SHORT TITLE. This Act may be cited as the ``FREEZER Trucks Act of 2021'' or the ``Fostering and Realizing Electrification by Encouraging Zero Emission Refrigeration Trucks Act of 2021''. SEC. 2. PILOT PROGRAM FOR THE ELECTRIFICATION OF CERTAIN REFRIGERATED VEHICLES. (c) Maximum Amounts.--The amount of an award of funds under subsection (a) shall not exceed-- (1) for the costs of a project described in subsection (b)(1), 75 percent of such costs; and (2) for the costs of a project described in subsection (b)(2), 55 percent of such costs. (e) Priority.--In awarding funds under subsection (a), the Administrator shall give priority to proposed projects that, as determined by the Administrator-- (1) maximize public health benefits; (2) are the most cost-effective; and (3) will serve the communities that are most polluted by diesel motor emissions, including communities that the Administrator identifies as being in either nonattainment or maintenance of the national ambient air quality standards for a criteria pollutant under section 109 of the Clean Air Act (42 U.S.C. 7409), particularly for-- (A) ozone; and (B) particulate matter. (f) Data Release.--Not later than 120 days after the date on which an award of funds is made under this section, the Administrator shall publish on the website of the Environmental Protection Agency, on a downloadable electronic database, information with respect to such award of funds, including-- (1) the name and location of the recipient; (2) the total amount of funds awarded; (3) the intended use or uses of the awarded funds; (4) the date on which the award of funds was approved; (5) where applicable, an estimate of any air pollution or greenhouse gas emissions avoided as a result of the project funded by the award; and (6) any other data the Administrator determines to be necessary for an evaluation of the use and effect of awarded funds provided under this section. (g) Reports to Congress.-- (1) Annual report to congress.--Not later than 1 year after the date of the establishment of the pilot program under this section, and annually thereafter until amounts made available to carry out this section are fully expended, the Administrator shall submit to Congress and make available to the public a report that describes, with respect to the applicable year-- (A) the number of applications for awards of funds received under such program; (B) all awards of funds made under such program, including a summary of the data described in subsection (f); (C) the estimated reduction of annual emissions of air pollutants regulated under section 109 of the Clean Air Act (42 U.S.C. (h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Diesel-powered transport refrigeration unit.--The term ``diesel-powered transport refrigeration unit'' means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. (3) Electric transport refrigeration unit.--The term ``electric transport refrigeration unit'' means a transport refrigeration unit in which the refrigeration or climate- control system is driven by an electric motor when connected to shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power, including all-electric transport refrigeration units, hybrid electric transport refrigeration units, and standby electric transport refrigeration units. (4) Eligible entity.--The term ``eligible entity'' means-- (A) a regional, State, local, or Tribal agency, or port authority, with jurisdiction over transportation or air quality; (B) a nonprofit organization or institution that-- (i) represents or provides pollution reduction or educational services to individuals or organizations that own or operate heavy-duty vehicles or fleets of heavy- duty vehicles; or (ii) has, as its principal purpose, the promotion of air quality; (C) an individual or entity that is the owner of record of a heavy-duty vehicle or a fleet of heavy-duty vehicles that operates for the transportation and delivery of perishable goods or other goods requiring climate-controlled conditions; (D) an individual or entity that is the owner of record of a facility that operates as a warehouse or storage facility for perishable goods or other goods requiring climate-controlled conditions; or (E) a hospital or public health institution that utilizes refrigeration for storage of perishable goods or other goods requiring climate-controlled conditions. (i) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $30,000,000, to remain available until expended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FREEZER Trucks Act of 2021'' or the ``Fostering and Realizing Electrification by Encouraging Zero Emission Refrigeration Trucks Act of 2021''. SEC. 2. PILOT PROGRAM FOR THE ELECTRIFICATION OF CERTAIN REFRIGERATED VEHICLES. (c) Maximum Amounts.--The amount of an award of funds under subsection (a) shall not exceed-- (1) for the costs of a project described in subsection (b)(1), 75 percent of such costs; and (2) for the costs of a project described in subsection (b)(2), 55 percent of such costs. (d) Applications.--To be eligible to receive an award of funds under subsection (a), an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including-- (1) a description of the air quality in the area served by the eligible entity, including a description of how the air quality is affected by diesel emissions from heavy-duty vehicles; (2) a description of the project proposed by the eligible entity, including-- (A) any technology to be used or funded by the eligible entity; and (B) a description of the heavy-duty vehicle or vehicles of the eligible entity, that will be retrofitted, if any, including-- (i) the number of such vehicles; (ii) the uses of such vehicles; (iii) the locations where such vehicles dock for the purpose of loading or unloading; and (iv) the routes driven by such vehicles, including the times at which such vehicles are driven; (3) an estimate of the cost of the proposed project; (4) a description of the age and expected lifetime control of the equipment used or funded by the eligible entity; and (5) provisions for the monitoring and verification of the project including to verify scrappage of any replaced units. (e) Priority.--In awarding funds under subsection (a), the Administrator shall give priority to proposed projects that, as determined by the Administrator-- (1) maximize public health benefits; (2) are the most cost-effective; and (3) will serve the communities that are most polluted by diesel motor emissions, including communities that the Administrator identifies as being in either nonattainment or maintenance of the national ambient air quality standards for a criteria pollutant under section 109 of the Clean Air Act (42 U.S.C. 7409), particularly for-- (A) ozone; and (B) particulate matter. (f) Data Release.--Not later than 120 days after the date on which an award of funds is made under this section, the Administrator shall publish on the website of the Environmental Protection Agency, on a downloadable electronic database, information with respect to such award of funds, including-- (1) the name and location of the recipient; (2) the total amount of funds awarded; (3) the intended use or uses of the awarded funds; (4) the date on which the award of funds was approved; (5) where applicable, an estimate of any air pollution or greenhouse gas emissions avoided as a result of the project funded by the award; and (6) any other data the Administrator determines to be necessary for an evaluation of the use and effect of awarded funds provided under this section. (g) Reports to Congress.-- (1) Annual report to congress.--Not later than 1 year after the date of the establishment of the pilot program under this section, and annually thereafter until amounts made available to carry out this section are fully expended, the Administrator shall submit to Congress and make available to the public a report that describes, with respect to the applicable year-- (A) the number of applications for awards of funds received under such program; (B) all awards of funds made under such program, including a summary of the data described in subsection (f); (C) the estimated reduction of annual emissions of air pollutants regulated under section 109 of the Clean Air Act (42 U.S.C. (h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Diesel-powered transport refrigeration unit.--The term ``diesel-powered transport refrigeration unit'' means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. (3) Electric transport refrigeration unit.--The term ``electric transport refrigeration unit'' means a transport refrigeration unit in which the refrigeration or climate- control system is driven by an electric motor when connected to shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power, including all-electric transport refrigeration units, hybrid electric transport refrigeration units, and standby electric transport refrigeration units. (4) Eligible entity.--The term ``eligible entity'' means-- (A) a regional, State, local, or Tribal agency, or port authority, with jurisdiction over transportation or air quality; (B) a nonprofit organization or institution that-- (i) represents or provides pollution reduction or educational services to individuals or organizations that own or operate heavy-duty vehicles or fleets of heavy- duty vehicles; or (ii) has, as its principal purpose, the promotion of air quality; (C) an individual or entity that is the owner of record of a heavy-duty vehicle or a fleet of heavy-duty vehicles that operates for the transportation and delivery of perishable goods or other goods requiring climate-controlled conditions; (D) an individual or entity that is the owner of record of a facility that operates as a warehouse or storage facility for perishable goods or other goods requiring climate-controlled conditions; or (E) a hospital or public health institution that utilizes refrigeration for storage of perishable goods or other goods requiring climate-controlled conditions. (i) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $30,000,000, to remain available until expended. (2) Administrative expenses.--The Administrator may use not more than 1 percent of amounts made available pursuant to paragraph (1) for administrative expenses to carry out this section.

To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes. a) Establishment of Pilot Program.--The Administrator shall establish and carry out a pilot program to award funds, in the form of grants, rebates, and low-cost revolving loans, as determined appropriate by the Administrator, on a competitive basis, to eligible entities to carry out projects described in subsection (b). ( (c) Maximum Amounts.--The amount of an award of funds under subsection (a) shall not exceed-- (1) for the costs of a project described in subsection (b)(1), 75 percent of such costs; and (2) for the costs of a project described in subsection (b)(2), 55 percent of such costs. h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 2) Diesel-powered transport refrigeration unit.--The term ``diesel-powered transport refrigeration unit'' means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. (3) Electric transport refrigeration unit.--The term ``electric transport refrigeration unit'' means a transport refrigeration unit in which the refrigeration or climate- control system is driven by an electric motor when connected to shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power, including all-electric transport refrigeration units, hybrid electric transport refrigeration units, and standby electric transport refrigeration units. ( (5) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' means-- (A) a commercial truck or van-- (i) used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions; and (ii) with a gross vehicle weight rating greater than 6,000 pounds; or (B) an insulated cargo trailer used in transporting perishable goods or other goods requiring climate- controlled conditions when mounted on a semitrailer. ( 6) Shore power infrastructure.--The term ``shore power infrastructure'' means electrical infrastructure that provides power to the electric transport refrigeration unit of a heavy- duty vehicle when such vehicle is stationary on a property where such vehicle is parked or loaded, including a food distribution center or other location where heavy-duty vehicles congregate. (

To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes. a) Establishment of Pilot Program.--The Administrator shall establish and carry out a pilot program to award funds, in the form of grants, rebates, and low-cost revolving loans, as determined appropriate by the Administrator, on a competitive basis, to eligible entities to carry out projects described in subsection (b). ( h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 2) Diesel-powered transport refrigeration unit.--The term ``diesel-powered transport refrigeration unit'' means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. ( 5) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' means-- (A) a commercial truck or van-- (i) used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions; and (ii) with a gross vehicle weight rating greater than 6,000 pounds; or (B) an insulated cargo trailer used in transporting perishable goods or other goods requiring climate- controlled conditions when mounted on a semitrailer. ( 6) Shore power infrastructure.--The term ``shore power infrastructure'' means electrical infrastructure that provides power to the electric transport refrigeration unit of a heavy- duty vehicle when such vehicle is stationary on a property where such vehicle is parked or loaded, including a food distribution center or other location where heavy-duty vehicles congregate. ( (2) Administrative expenses.--The Administrator may use not more than 1 percent of amounts made available pursuant to paragraph (1) for administrative expenses to carry out this section.

To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes. a) Establishment of Pilot Program.--The Administrator shall establish and carry out a pilot program to award funds, in the form of grants, rebates, and low-cost revolving loans, as determined appropriate by the Administrator, on a competitive basis, to eligible entities to carry out projects described in subsection (b). ( h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 2) Diesel-powered transport refrigeration unit.--The term ``diesel-powered transport refrigeration unit'' means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. ( 5) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' means-- (A) a commercial truck or van-- (i) used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions; and (ii) with a gross vehicle weight rating greater than 6,000 pounds; or (B) an insulated cargo trailer used in transporting perishable goods or other goods requiring climate- controlled conditions when mounted on a semitrailer. ( 6) Shore power infrastructure.--The term ``shore power infrastructure'' means electrical infrastructure that provides power to the electric transport refrigeration unit of a heavy- duty vehicle when such vehicle is stationary on a property where such vehicle is parked or loaded, including a food distribution center or other location where heavy-duty vehicles congregate. ( (2) Administrative expenses.--The Administrator may use not more than 1 percent of amounts made available pursuant to paragraph (1) for administrative expenses to carry out this section.

To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes. a) Establishment of Pilot Program.--The Administrator shall establish and carry out a pilot program to award funds, in the form of grants, rebates, and low-cost revolving loans, as determined appropriate by the Administrator, on a competitive basis, to eligible entities to carry out projects described in subsection (b). ( (c) Maximum Amounts.--The amount of an award of funds under subsection (a) shall not exceed-- (1) for the costs of a project described in subsection (b)(1), 75 percent of such costs; and (2) for the costs of a project described in subsection (b)(2), 55 percent of such costs. h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 2) Diesel-powered transport refrigeration unit.--The term ``diesel-powered transport refrigeration unit'' means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. (3) Electric transport refrigeration unit.--The term ``electric transport refrigeration unit'' means a transport refrigeration unit in which the refrigeration or climate- control system is driven by an electric motor when connected to shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power, including all-electric transport refrigeration units, hybrid electric transport refrigeration units, and standby electric transport refrigeration units. ( (5) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' means-- (A) a commercial truck or van-- (i) used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions; and (ii) with a gross vehicle weight rating greater than 6,000 pounds; or (B) an insulated cargo trailer used in transporting perishable goods or other goods requiring climate- controlled conditions when mounted on a semitrailer. ( 6) Shore power infrastructure.--The term ``shore power infrastructure'' means electrical infrastructure that provides power to the electric transport refrigeration unit of a heavy- duty vehicle when such vehicle is stationary on a property where such vehicle is parked or loaded, including a food distribution center or other location where heavy-duty vehicles congregate. (

To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes. a) Establishment of Pilot Program.--The Administrator shall establish and carry out a pilot program to award funds, in the form of grants, rebates, and low-cost revolving loans, as determined appropriate by the Administrator, on a competitive basis, to eligible entities to carry out projects described in subsection (b). ( h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 2) Diesel-powered transport refrigeration unit.--The term ``diesel-powered transport refrigeration unit'' means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. ( 5) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' means-- (A) a commercial truck or van-- (i) used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions; and (ii) with a gross vehicle weight rating greater than 6,000 pounds; or (B) an insulated cargo trailer used in transporting perishable goods or other goods requiring climate- controlled conditions when mounted on a semitrailer. ( 6) Shore power infrastructure.--The term ``shore power infrastructure'' means electrical infrastructure that provides power to the electric transport refrigeration unit of a heavy- duty vehicle when such vehicle is stationary on a property where such vehicle is parked or loaded, including a food distribution center or other location where heavy-duty vehicles congregate. ( (2) Administrative expenses.--The Administrator may use not more than 1 percent of amounts made available pursuant to paragraph (1) for administrative expenses to carry out this section.

To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes. a) Establishment of Pilot Program.--The Administrator shall establish and carry out a pilot program to award funds, in the form of grants, rebates, and low-cost revolving loans, as determined appropriate by the Administrator, on a competitive basis, to eligible entities to carry out projects described in subsection (b). ( (c) Maximum Amounts.--The amount of an award of funds under subsection (a) shall not exceed-- (1) for the costs of a project described in subsection (b)(1), 75 percent of such costs; and (2) for the costs of a project described in subsection (b)(2), 55 percent of such costs. h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 2) Diesel-powered transport refrigeration unit.--The term ``diesel-powered transport refrigeration unit'' means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. (3) Electric transport refrigeration unit.--The term ``electric transport refrigeration unit'' means a transport refrigeration unit in which the refrigeration or climate- control system is driven by an electric motor when connected to shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power, including all-electric transport refrigeration units, hybrid electric transport refrigeration units, and standby electric transport refrigeration units. ( (5) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' means-- (A) a commercial truck or van-- (i) used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions; and (ii) with a gross vehicle weight rating greater than 6,000 pounds; or (B) an insulated cargo trailer used in transporting perishable goods or other goods requiring climate- controlled conditions when mounted on a semitrailer. ( 6) Shore power infrastructure.--The term ``shore power infrastructure'' means electrical infrastructure that provides power to the electric transport refrigeration unit of a heavy- duty vehicle when such vehicle is stationary on a property where such vehicle is parked or loaded, including a food distribution center or other location where heavy-duty vehicles congregate. (

To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes. a) Establishment of Pilot Program.--The Administrator shall establish and carry out a pilot program to award funds, in the form of grants, rebates, and low-cost revolving loans, as determined appropriate by the Administrator, on a competitive basis, to eligible entities to carry out projects described in subsection (b). ( h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 2) Diesel-powered transport refrigeration unit.--The term ``diesel-powered transport refrigeration unit'' means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. ( 5) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' means-- (A) a commercial truck or van-- (i) used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions; and (ii) with a gross vehicle weight rating greater than 6,000 pounds; or (B) an insulated cargo trailer used in transporting perishable goods or other goods requiring climate- controlled conditions when mounted on a semitrailer. ( 6) Shore power infrastructure.--The term ``shore power infrastructure'' means electrical infrastructure that provides power to the electric transport refrigeration unit of a heavy- duty vehicle when such vehicle is stationary on a property where such vehicle is parked or loaded, including a food distribution center or other location where heavy-duty vehicles congregate. ( (2) Administrative expenses.--The Administrator may use not more than 1 percent of amounts made available pursuant to paragraph (1) for administrative expenses to carry out this section.

To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes. a) Establishment of Pilot Program.--The Administrator shall establish and carry out a pilot program to award funds, in the form of grants, rebates, and low-cost revolving loans, as determined appropriate by the Administrator, on a competitive basis, to eligible entities to carry out projects described in subsection (b). ( (c) Maximum Amounts.--The amount of an award of funds under subsection (a) shall not exceed-- (1) for the costs of a project described in subsection (b)(1), 75 percent of such costs; and (2) for the costs of a project described in subsection (b)(2), 55 percent of such costs. h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 2) Diesel-powered transport refrigeration unit.--The term ``diesel-powered transport refrigeration unit'' means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. (3) Electric transport refrigeration unit.--The term ``electric transport refrigeration unit'' means a transport refrigeration unit in which the refrigeration or climate- control system is driven by an electric motor when connected to shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power, including all-electric transport refrigeration units, hybrid electric transport refrigeration units, and standby electric transport refrigeration units. ( (5) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' means-- (A) a commercial truck or van-- (i) used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions; and (ii) with a gross vehicle weight rating greater than 6,000 pounds; or (B) an insulated cargo trailer used in transporting perishable goods or other goods requiring climate- controlled conditions when mounted on a semitrailer. ( 6) Shore power infrastructure.--The term ``shore power infrastructure'' means electrical infrastructure that provides power to the electric transport refrigeration unit of a heavy- duty vehicle when such vehicle is stationary on a property where such vehicle is parked or loaded, including a food distribution center or other location where heavy-duty vehicles congregate. (

To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes. a) Establishment of Pilot Program.--The Administrator shall establish and carry out a pilot program to award funds, in the form of grants, rebates, and low-cost revolving loans, as determined appropriate by the Administrator, on a competitive basis, to eligible entities to carry out projects described in subsection (b). ( h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 2) Diesel-powered transport refrigeration unit.--The term ``diesel-powered transport refrigeration unit'' means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. ( 5) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' means-- (A) a commercial truck or van-- (i) used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions; and (ii) with a gross vehicle weight rating greater than 6,000 pounds; or (B) an insulated cargo trailer used in transporting perishable goods or other goods requiring climate- controlled conditions when mounted on a semitrailer. ( 6) Shore power infrastructure.--The term ``shore power infrastructure'' means electrical infrastructure that provides power to the electric transport refrigeration unit of a heavy- duty vehicle when such vehicle is stationary on a property where such vehicle is parked or loaded, including a food distribution center or other location where heavy-duty vehicles congregate. ( (2) Administrative expenses.--The Administrator may use not more than 1 percent of amounts made available pursuant to paragraph (1) for administrative expenses to carry out this section.

To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes. a) Establishment of Pilot Program.--The Administrator shall establish and carry out a pilot program to award funds, in the form of grants, rebates, and low-cost revolving loans, as determined appropriate by the Administrator, on a competitive basis, to eligible entities to carry out projects described in subsection (b). ( (c) Maximum Amounts.--The amount of an award of funds under subsection (a) shall not exceed-- (1) for the costs of a project described in subsection (b)(1), 75 percent of such costs; and (2) for the costs of a project described in subsection (b)(2), 55 percent of such costs. h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 2) Diesel-powered transport refrigeration unit.--The term ``diesel-powered transport refrigeration unit'' means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. (3) Electric transport refrigeration unit.--The term ``electric transport refrigeration unit'' means a transport refrigeration unit in which the refrigeration or climate- control system is driven by an electric motor when connected to shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power, including all-electric transport refrigeration units, hybrid electric transport refrigeration units, and standby electric transport refrigeration units. ( (5) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' means-- (A) a commercial truck or van-- (i) used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions; and (ii) with a gross vehicle weight rating greater than 6,000 pounds; or (B) an insulated cargo trailer used in transporting perishable goods or other goods requiring climate- controlled conditions when mounted on a semitrailer. ( 6) Shore power infrastructure.--The term ``shore power infrastructure'' means electrical infrastructure that provides power to the electric transport refrigeration unit of a heavy- duty vehicle when such vehicle is stationary on a property where such vehicle is parked or loaded, including a food distribution center or other location where heavy-duty vehicles congregate. (

FREEZER Trucks Act of 2021 or the Fostering and Realizing Electrification by Encouraging Zero Emission Refrigeration Trucks (Sec. 2) This bill directs the Environmental Protection Agency (EPA) to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes. The EPA must give priority to projects that Authorizes appropriations. (Sec. 3) Directs the Administrator of the Environmental Protection Agency (EPA) to report to Congress and the public on: (1) all of the information collected for the annual reports; (2) any benefits to the environment or human health that could result from the widespread application of electric transport refrigeration units for short-haul transportation and delivery of perishable

S.2388

Agriculture and Food

Cultivating Organic Matter through the Promotion Of Sustainable Techniques Act or the COMPOST Act This bill makes composting a conservation practice for purposes of Department of Agriculture (USDA) conservation programs. The bill also requires USDA to establish a competitive program to award grants and loan guarantees for projects that expand access to food waste composting.

To require the designation of composting as a conservation practice and activity, to provide grants and loan guarantees for composting facilities and 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 ``Cultivating Organic Matter through the Promotion Of Sustainable Techniques Act'' or the ``COMPOST Act''. SEC. 2. COMPOSTING AS CONSERVATION PRACTICE. (a) Conservation Standards and Requirements.--Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. 3841(j)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) Composting as conservation practice and activity.-- ``(A) In general.--The Secretary shall by regulation provide that composting is a conservation practice and a conservation activity for the purposes of this title. ``(B) Definition of composting.-- ``(i) In general.--In this paragraph, the term `composting' means-- ``(I) an activity (including an activity that does not require the use of a composting facility) to produce compost from organic waste that is-- ``(aa) generated on a farm; or ``(bb) brought to a farm from a nearby community and used to produce compost on that farm; and ``(II) the use and active management of compost on a farm, in accordance with any applicable Federal, State, or local law, to improve water retention and soil health. ``(ii) Determination of nearby communities.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations for determining whether a community is nearby for purposes of clause (i)(I)(bb), which shall ensure that bringing organic waste from the community to the farm to produce compost results in a net reduction of greenhouse gas emissions.''. (b) Conservation Stewardship Program.--Section 1240I(2)(B)(i) of the Food Security Act of 1985 (16 U.S.C. 3839aa-21(2)(B)(i)) is amended by inserting ``and composting practices'' after ``agriculture drainage management systems''. (c) Environmental Quality Incentives Program.--Section 1240A(6)(A)(ii) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 1(6)(A)(ii)) is amended by inserting ``, including composting practices'' before the semicolon at the end. (d) Delivery of Technical Assistance.--Section 1242(h) of the Food Security Act of 1985 (16 U.S.C. 3842(h)) is amended by adding at the end the following: ``(5) Development of composting practice standard.--In addition to conducting a review under this subsection of any composting facility practice standard established before the date of enactment of this paragraph, the Secretary shall establish a composting practice standard under the process developed under paragraph (3).''. SEC. 3. COMPOSTING GRANT AND LOAN GUARANTEE PROGRAM. The Consolidated Farm and Rural Development Act is amended by inserting after section 310I (7 U.S.C. 1936c) the following: ``SEC. 310J. GRANTS AND LOAN GUARANTEES FOR COMPOSTING PROGRAMS. ``(a) Definitions.--In this section: ``(1) Centralized commercial composting facility.--The term `centralized commercial composting facility' means a regional composting facility that produces at least 10,000 tons of compost annually. ``(2) Source separated organics.-- ``(A) In general.--The term `source separated organics' means organic waste that is separated from other waste by the waste generator. ``(B) Inclusion.--The term `source separated organics' includes materials that are certified to meet ASTM standard D6400 or D6868. ``(C) Exclusion.--The term `source separated organics' does not include mixed solid waste. ``(b) Program.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish and carry out a program to award grants and loan guarantees, on a competitive basis, for projects that expand access to food waste composting. ``(c) Grants.-- ``(1) Amount.-- ``(A) Cost share.--The total amount of grant funds awarded for a project under this section shall not exceed 75 percent of the cost of the project for which the grant is awarded, as determined by the Secretary. ``(B) Maximum.--The total amount of grant funds awarded for a project under this subsection shall not exceed $5,000,000. ``(2) Allocation.--Of funds made available to carry out this subsection in each fiscal year, the Secretary shall allocate not less than 25 percent to projects that do not include the use of centralized commercial composting facilities, to the extent there are sufficient applications for those projects. ``(3) Timeline.--An entity receiving a grant under this subsection shall fully expend the awarded grant funds within 3 years of receiving the funds. ``(4) Eligible entities.--The Secretary may award a grant under this subsection to any of the following entities: ``(A) A State, local, territorial, or Tribal government. ``(B) A local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)). ``(C) An institution of higher education. ``(D) A nonprofit organization. ``(E) A farmer or rancher. ``(F) A consortium of any of the entities described in subparagraphs (A) through (E). ``(G) 1 or more of any of the entities described in subparagraphs (A) through (F), in coordination with a for-profit organization. ``(d) Loan Guarantees.-- ``(1) Amount.-- ``(A) Cost share.--The Secretary may award a loan guarantee under this section in an amount that does not exceed 80 percent of the cost of a project that is eligible for assistance under this section, as determined by the Secretary. ``(B) Maximum.--The Secretary may not provide a loan guarantee under this section in an amount that exceeds $5,000,000. ``(2) Eligible entities.--The Secretary may award a loan guarantee under this section to a for-profit organization, farmer, or rancher that demonstrates successful prior experience in developing, managing, and marketing composting facilities. ``(e) Eligible Projects.--The Secretary may award grants and loan guarantees under this section for projects to carry out the following: ``(1) Composting facility or site permitting, planning, and construction. ``(2) Acquisition of machinery, equipment, and other physical necessities required to operate a composting facility, system, or program, except depackaging equipment. ``(3) Activities to increase the production capacity throughput of a composting facility. ``(4) Implementation of onsite composting systems and programs (such as home composting programs, community garden and urban farm composting, and other onsite composting systems at institutions, nonprofit organizations, and businesses). ``(5) Projects that are based on a distributed infrastructure strategy (such as a strategy that incorporates a mix or choice of home composting, farm and ranch composting, onsite composting, community-scale composting, or centralized commercial composting). ``(6) Collection of organic waste intended for processing at a composting facility or system, or through a composting program, including curbside pick-up programs, community drop- off programs, and facility- or event-specific programs (such as programs at schools, restaurants, stadiums, or festivals). ``(7) Activities for land-based compost application, including compost application on a farm or ranch. ``(8) Market development projects that create a demand for compost product or increase commercial and residential participation in composting. ``(f) Requirements.--An eligible entity applying for a grant or loan guarantee under this section shall demonstrate that the project for which that assistance is sought-- ``(1) will-- ``(A) result in composting of food waste (which may include such composting in combination with non-food organic waste); ``(B) result in increased total capacity to accept and process food waste into finished compost product; and ``(C) include at least 1 operator of a facility or system, if applicable, who is trained on best management practices for composting (such as odor, vector, pathogen, and contaminant control practices); ``(2) in the case of a market development project, is likely to create sufficient demand to increase total capacity, in the targeted market, to accept and process food waste into high-quality finished compost; or ``(3) in the case of land-based compost application activities, is consistent with any applicable requirements under paragraph (2) of section 1241(j) of the Food Security Act of 1985 (16 U.S.C. 3841(j)). ``(g) Priority Factors.--In awarding grants and loan guarantees under this section, the Secretary shall prioritize projects that include the greatest number of the following factors: ``(1) The project is located in or serving a location with significant access to food waste and no or limited prior access to food waste composting. ``(2) The project demonstrates the potential to create new capacity for the volume or weight of food waste collected and processed, or make significant gains in the number of people with access to food waste composting facilities or systems. ``(3) The project includes a demonstrated plan for following best management practices and producing a high- quality compost product. ``(4) The project incorporates the participation of small and diverse businesses (such as minority-, woman-, and veteran- owned businesses certified by the Small Business Administration or under a State program or another recognized certification program and other businesses led by Black people, Indigenous people, or other people of color). ``(5) The project creates opportunities for hiring and leadership development practices that are inclusive and provide living wages. ``(6) The project serves disadvantaged and low-income communities, engages Black farmers, Indigenous farmers, and other farmers of color, or incorporates an environmental justice plan or principles. ``(7) The project is for a facility or system that accepts or plans to accept and process only source separated organics. ``(h) Limitation.--The Secretary may award only 1 grant or loan guarantee under this section for any project. ``(i) Funding.--There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2022 through 2031.''. <all>

COMPOST Act

A bill to require the designation of composting as a conservation practice and activity, to provide grants and loan guarantees for composting facilities and programs, and for other purposes.

COMPOST Act Cultivating Organic Matter through the Promotion Of Sustainable Techniques Act

Sen. Booker, Cory A.

D

NJ

This bill makes composting a conservation practice for purposes of Department of Agriculture (USDA) conservation programs. The bill also requires USDA to establish a competitive program to award grants and loan guarantees for projects that expand access to food waste composting.

SHORT TITLE. 2. COMPOSTING AS CONSERVATION PRACTICE. (a) Conservation Standards and Requirements.--Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. ``(ii) Determination of nearby communities.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations for determining whether a community is nearby for purposes of clause (i)(I)(bb), which shall ensure that bringing organic waste from the community to the farm to produce compost results in a net reduction of greenhouse gas emissions.''. 3839aa-21(2)(B)(i)) is amended by inserting ``and composting practices'' after ``agriculture drainage management systems''. 3. COMPOSTING GRANT AND LOAN GUARANTEE PROGRAM. 1936c) the following: ``SEC. 310J. ``(a) Definitions.--In this section: ``(1) Centralized commercial composting facility.--The term `centralized commercial composting facility' means a regional composting facility that produces at least 10,000 tons of compost annually. ``(2) Source separated organics.-- ``(A) In general.--The term `source separated organics' means organic waste that is separated from other waste by the waste generator. ``(B) Maximum.--The total amount of grant funds awarded for a project under this subsection shall not exceed $5,000,000. 7801)). ``(C) An institution of higher education. ``(D) A nonprofit organization. ``(E) A farmer or rancher. ``(F) A consortium of any of the entities described in subparagraphs (A) through (E). ``(d) Loan Guarantees.-- ``(1) Amount.-- ``(A) Cost share.--The Secretary may award a loan guarantee under this section in an amount that does not exceed 80 percent of the cost of a project that is eligible for assistance under this section, as determined by the Secretary. ``(7) Activities for land-based compost application, including compost application on a farm or ranch. ``(8) Market development projects that create a demand for compost product or increase commercial and residential participation in composting. 3841(j)). ``(g) Priority Factors.--In awarding grants and loan guarantees under this section, the Secretary shall prioritize projects that include the greatest number of the following factors: ``(1) The project is located in or serving a location with significant access to food waste and no or limited prior access to food waste composting. ``(4) The project incorporates the participation of small and diverse businesses (such as minority-, woman-, and veteran- owned businesses certified by the Small Business Administration or under a State program or another recognized certification program and other businesses led by Black people, Indigenous people, or other people of color). ``(5) The project creates opportunities for hiring and leadership development practices that are inclusive and provide living wages. ``(7) The project is for a facility or system that accepts or plans to accept and process only source separated organics. ``(h) Limitation.--The Secretary may award only 1 grant or loan guarantee under this section for any project. ``(i) Funding.--There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2022 through 2031.''.

SHORT TITLE. 2. COMPOSTING AS CONSERVATION PRACTICE. (a) Conservation Standards and Requirements.--Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. ``(ii) Determination of nearby communities.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations for determining whether a community is nearby for purposes of clause (i)(I)(bb), which shall ensure that bringing organic waste from the community to the farm to produce compost results in a net reduction of greenhouse gas emissions.''. 3839aa-21(2)(B)(i)) is amended by inserting ``and composting practices'' after ``agriculture drainage management systems''. 3. COMPOSTING GRANT AND LOAN GUARANTEE PROGRAM. 1936c) the following: ``SEC. ``(a) Definitions.--In this section: ``(1) Centralized commercial composting facility.--The term `centralized commercial composting facility' means a regional composting facility that produces at least 10,000 tons of compost annually. ``(2) Source separated organics.-- ``(A) In general.--The term `source separated organics' means organic waste that is separated from other waste by the waste generator. ``(B) Maximum.--The total amount of grant funds awarded for a project under this subsection shall not exceed $5,000,000. ``(C) An institution of higher education. ``(D) A nonprofit organization. ``(E) A farmer or rancher. ``(F) A consortium of any of the entities described in subparagraphs (A) through (E). ``(7) Activities for land-based compost application, including compost application on a farm or ranch. ``(8) Market development projects that create a demand for compost product or increase commercial and residential participation in composting. ``(4) The project incorporates the participation of small and diverse businesses (such as minority-, woman-, and veteran- owned businesses certified by the Small Business Administration or under a State program or another recognized certification program and other businesses led by Black people, Indigenous people, or other people of color). ``(h) Limitation.--The Secretary may award only 1 grant or loan guarantee under this section for any project. ``(i) Funding.--There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2022 through 2031.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. COMPOSTING AS CONSERVATION PRACTICE. (a) Conservation Standards and Requirements.--Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. ``(ii) Determination of nearby communities.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations for determining whether a community is nearby for purposes of clause (i)(I)(bb), which shall ensure that bringing organic waste from the community to the farm to produce compost results in a net reduction of greenhouse gas emissions.''. 3839aa-21(2)(B)(i)) is amended by inserting ``and composting practices'' after ``agriculture drainage management systems''. 3842(h)) is amended by adding at the end the following: ``(5) Development of composting practice standard.--In addition to conducting a review under this subsection of any composting facility practice standard established before the date of enactment of this paragraph, the Secretary shall establish a composting practice standard under the process developed under paragraph (3).''. 3. COMPOSTING GRANT AND LOAN GUARANTEE PROGRAM. 1936c) the following: ``SEC. 310J. ``(a) Definitions.--In this section: ``(1) Centralized commercial composting facility.--The term `centralized commercial composting facility' means a regional composting facility that produces at least 10,000 tons of compost annually. ``(2) Source separated organics.-- ``(A) In general.--The term `source separated organics' means organic waste that is separated from other waste by the waste generator. ``(B) Maximum.--The total amount of grant funds awarded for a project under this subsection shall not exceed $5,000,000. ``(B) A local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)). ``(C) An institution of higher education. ``(D) A nonprofit organization. ``(E) A farmer or rancher. ``(F) A consortium of any of the entities described in subparagraphs (A) through (E). ``(d) Loan Guarantees.-- ``(1) Amount.-- ``(A) Cost share.--The Secretary may award a loan guarantee under this section in an amount that does not exceed 80 percent of the cost of a project that is eligible for assistance under this section, as determined by the Secretary. ``(2) Acquisition of machinery, equipment, and other physical necessities required to operate a composting facility, system, or program, except depackaging equipment. ``(3) Activities to increase the production capacity throughput of a composting facility. ``(5) Projects that are based on a distributed infrastructure strategy (such as a strategy that incorporates a mix or choice of home composting, farm and ranch composting, onsite composting, community-scale composting, or centralized commercial composting). ``(6) Collection of organic waste intended for processing at a composting facility or system, or through a composting program, including curbside pick-up programs, community drop- off programs, and facility- or event-specific programs (such as programs at schools, restaurants, stadiums, or festivals). ``(7) Activities for land-based compost application, including compost application on a farm or ranch. ``(8) Market development projects that create a demand for compost product or increase commercial and residential participation in composting. 3841(j)). ``(g) Priority Factors.--In awarding grants and loan guarantees under this section, the Secretary shall prioritize projects that include the greatest number of the following factors: ``(1) The project is located in or serving a location with significant access to food waste and no or limited prior access to food waste composting. ``(3) The project includes a demonstrated plan for following best management practices and producing a high- quality compost product. ``(4) The project incorporates the participation of small and diverse businesses (such as minority-, woman-, and veteran- owned businesses certified by the Small Business Administration or under a State program or another recognized certification program and other businesses led by Black people, Indigenous people, or other people of color). ``(5) The project creates opportunities for hiring and leadership development practices that are inclusive and provide living wages. ``(7) The project is for a facility or system that accepts or plans to accept and process only source separated organics. ``(h) Limitation.--The Secretary may award only 1 grant or loan guarantee under this section for any project. ``(i) Funding.--There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2022 through 2031.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cultivating Organic Matter through the Promotion Of Sustainable Techniques Act'' or the ``COMPOST Act''. 2. COMPOSTING AS CONSERVATION PRACTICE. (a) Conservation Standards and Requirements.--Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. ``(B) Definition of composting.-- ``(i) In general.--In this paragraph, the term `composting' means-- ``(I) an activity (including an activity that does not require the use of a composting facility) to produce compost from organic waste that is-- ``(aa) generated on a farm; or ``(bb) brought to a farm from a nearby community and used to produce compost on that farm; and ``(II) the use and active management of compost on a farm, in accordance with any applicable Federal, State, or local law, to improve water retention and soil health. ``(ii) Determination of nearby communities.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations for determining whether a community is nearby for purposes of clause (i)(I)(bb), which shall ensure that bringing organic waste from the community to the farm to produce compost results in a net reduction of greenhouse gas emissions.''. 3839aa-21(2)(B)(i)) is amended by inserting ``and composting practices'' after ``agriculture drainage management systems''. 3842(h)) is amended by adding at the end the following: ``(5) Development of composting practice standard.--In addition to conducting a review under this subsection of any composting facility practice standard established before the date of enactment of this paragraph, the Secretary shall establish a composting practice standard under the process developed under paragraph (3).''. 3. COMPOSTING GRANT AND LOAN GUARANTEE PROGRAM. 1936c) the following: ``SEC. 310J. ``(a) Definitions.--In this section: ``(1) Centralized commercial composting facility.--The term `centralized commercial composting facility' means a regional composting facility that produces at least 10,000 tons of compost annually. ``(2) Source separated organics.-- ``(A) In general.--The term `source separated organics' means organic waste that is separated from other waste by the waste generator. ``(B) Inclusion.--The term `source separated organics' includes materials that are certified to meet ASTM standard D6400 or D6868. ``(B) Maximum.--The total amount of grant funds awarded for a project under this subsection shall not exceed $5,000,000. ``(2) Allocation.--Of funds made available to carry out this subsection in each fiscal year, the Secretary shall allocate not less than 25 percent to projects that do not include the use of centralized commercial composting facilities, to the extent there are sufficient applications for those projects. ``(3) Timeline.--An entity receiving a grant under this subsection shall fully expend the awarded grant funds within 3 years of receiving the funds. ``(B) A local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)). ``(C) An institution of higher education. ``(D) A nonprofit organization. ``(E) A farmer or rancher. ``(F) A consortium of any of the entities described in subparagraphs (A) through (E). ``(d) Loan Guarantees.-- ``(1) Amount.-- ``(A) Cost share.--The Secretary may award a loan guarantee under this section in an amount that does not exceed 80 percent of the cost of a project that is eligible for assistance under this section, as determined by the Secretary. ``(2) Acquisition of machinery, equipment, and other physical necessities required to operate a composting facility, system, or program, except depackaging equipment. ``(3) Activities to increase the production capacity throughput of a composting facility. ``(5) Projects that are based on a distributed infrastructure strategy (such as a strategy that incorporates a mix or choice of home composting, farm and ranch composting, onsite composting, community-scale composting, or centralized commercial composting). ``(6) Collection of organic waste intended for processing at a composting facility or system, or through a composting program, including curbside pick-up programs, community drop- off programs, and facility- or event-specific programs (such as programs at schools, restaurants, stadiums, or festivals). ``(7) Activities for land-based compost application, including compost application on a farm or ranch. ``(8) Market development projects that create a demand for compost product or increase commercial and residential participation in composting. 3841(j)). ``(g) Priority Factors.--In awarding grants and loan guarantees under this section, the Secretary shall prioritize projects that include the greatest number of the following factors: ``(1) The project is located in or serving a location with significant access to food waste and no or limited prior access to food waste composting. ``(2) The project demonstrates the potential to create new capacity for the volume or weight of food waste collected and processed, or make significant gains in the number of people with access to food waste composting facilities or systems. ``(3) The project includes a demonstrated plan for following best management practices and producing a high- quality compost product. ``(4) The project incorporates the participation of small and diverse businesses (such as minority-, woman-, and veteran- owned businesses certified by the Small Business Administration or under a State program or another recognized certification program and other businesses led by Black people, Indigenous people, or other people of color). ``(5) The project creates opportunities for hiring and leadership development practices that are inclusive and provide living wages. ``(6) The project serves disadvantaged and low-income communities, engages Black farmers, Indigenous farmers, and other farmers of color, or incorporates an environmental justice plan or principles. ``(7) The project is for a facility or system that accepts or plans to accept and process only source separated organics. ``(h) Limitation.--The Secretary may award only 1 grant or loan guarantee under this section for any project. ``(i) Funding.--There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2022 through 2031.''.

To require the designation of composting as a conservation practice and activity, to provide grants and loan guarantees for composting facilities and programs, and for other purposes. a) Conservation Standards and Requirements.--Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. 3841(j)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) Composting as conservation practice and activity.-- ``(A) In general.--The Secretary shall by regulation provide that composting is a conservation practice and a conservation activity for the purposes of this title. ``(ii) Determination of nearby communities.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations for determining whether a community is nearby for purposes of clause (i)(I)(bb), which shall ensure that bringing organic waste from the community to the farm to produce compost results in a net reduction of greenhouse gas emissions.''. ( c) Environmental Quality Incentives Program.--Section 1240A(6)(A)(ii) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 1(6)(A)(ii)) is amended by inserting ``, including composting practices'' before the semicolon at the end. ( ``(a) Definitions.--In this section: ``(1) Centralized commercial composting facility.--The term `centralized commercial composting facility' means a regional composting facility that produces at least 10,000 tons of compost annually. ``(b) Program.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish and carry out a program to award grants and loan guarantees, on a competitive basis, for projects that expand access to food waste composting. ``(3) Timeline.--An entity receiving a grant under this subsection shall fully expend the awarded grant funds within 3 years of receiving the funds. ``(E) A farmer or rancher. ``(2) Eligible entities.--The Secretary may award a loan guarantee under this section to a for-profit organization, farmer, or rancher that demonstrates successful prior experience in developing, managing, and marketing composting facilities. ``(e) Eligible Projects.--The Secretary may award grants and loan guarantees under this section for projects to carry out the following: ``(1) Composting facility or site permitting, planning, and construction. ``(6) Collection of organic waste intended for processing at a composting facility or system, or through a composting program, including curbside pick-up programs, community drop- off programs, and facility- or event-specific programs (such as programs at schools, restaurants, stadiums, or festivals). ``(g) Priority Factors.--In awarding grants and loan guarantees under this section, the Secretary shall prioritize projects that include the greatest number of the following factors: ``(1) The project is located in or serving a location with significant access to food waste and no or limited prior access to food waste composting. ``(2) The project demonstrates the potential to create new capacity for the volume or weight of food waste collected and processed, or make significant gains in the number of people with access to food waste composting facilities or systems. ``(7) The project is for a facility or system that accepts or plans to accept and process only source separated organics.

To require the designation of composting as a conservation practice and activity, to provide grants and loan guarantees for composting facilities and programs, and for other purposes. a) Conservation Standards and Requirements.--Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. 3841(j)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) Composting as conservation practice and activity.-- ``(A) In general.--The Secretary shall by regulation provide that composting is a conservation practice and a conservation activity for the purposes of this title. (d) Delivery of Technical Assistance.--Section 1242(h) of the Food Security Act of 1985 (16 U.S.C. 3842(h)) is amended by adding at the end the following: ``(5) Development of composting practice standard.--In addition to conducting a review under this subsection of any composting facility practice standard established before the date of enactment of this paragraph, the Secretary shall establish a composting practice standard under the process developed under paragraph (3).''. ``(C) Exclusion.--The term `source separated organics' does not include mixed solid waste. ``(b) Program.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish and carry out a program to award grants and loan guarantees, on a competitive basis, for projects that expand access to food waste composting. ``(4) Eligible entities.--The Secretary may award a grant under this subsection to any of the following entities: ``(A) A State, local, territorial, or Tribal government. ``(E) A farmer or rancher. ``(e) Eligible Projects.--The Secretary may award grants and loan guarantees under this section for projects to carry out the following: ``(1) Composting facility or site permitting, planning, and construction. ``(6) Collection of organic waste intended for processing at a composting facility or system, or through a composting program, including curbside pick-up programs, community drop- off programs, and facility- or event-specific programs (such as programs at schools, restaurants, stadiums, or festivals). ``(7) Activities for land-based compost application, including compost application on a farm or ranch. ``(2) The project demonstrates the potential to create new capacity for the volume or weight of food waste collected and processed, or make significant gains in the number of people with access to food waste composting facilities or systems. ``(5) The project creates opportunities for hiring and leadership development practices that are inclusive and provide living wages. ``(6) The project serves disadvantaged and low-income communities, engages Black farmers, Indigenous farmers, and other farmers of color, or incorporates an environmental justice plan or principles.

To require the designation of composting as a conservation practice and activity, to provide grants and loan guarantees for composting facilities and programs, and for other purposes. a) Conservation Standards and Requirements.--Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. 3841(j)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) Composting as conservation practice and activity.-- ``(A) In general.--The Secretary shall by regulation provide that composting is a conservation practice and a conservation activity for the purposes of this title. (d) Delivery of Technical Assistance.--Section 1242(h) of the Food Security Act of 1985 (16 U.S.C. 3842(h)) is amended by adding at the end the following: ``(5) Development of composting practice standard.--In addition to conducting a review under this subsection of any composting facility practice standard established before the date of enactment of this paragraph, the Secretary shall establish a composting practice standard under the process developed under paragraph (3).''. ``(C) Exclusion.--The term `source separated organics' does not include mixed solid waste. ``(b) Program.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish and carry out a program to award grants and loan guarantees, on a competitive basis, for projects that expand access to food waste composting. ``(4) Eligible entities.--The Secretary may award a grant under this subsection to any of the following entities: ``(A) A State, local, territorial, or Tribal government. ``(E) A farmer or rancher. ``(e) Eligible Projects.--The Secretary may award grants and loan guarantees under this section for projects to carry out the following: ``(1) Composting facility or site permitting, planning, and construction. ``(6) Collection of organic waste intended for processing at a composting facility or system, or through a composting program, including curbside pick-up programs, community drop- off programs, and facility- or event-specific programs (such as programs at schools, restaurants, stadiums, or festivals). ``(7) Activities for land-based compost application, including compost application on a farm or ranch. ``(2) The project demonstrates the potential to create new capacity for the volume or weight of food waste collected and processed, or make significant gains in the number of people with access to food waste composting facilities or systems. ``(5) The project creates opportunities for hiring and leadership development practices that are inclusive and provide living wages. ``(6) The project serves disadvantaged and low-income communities, engages Black farmers, Indigenous farmers, and other farmers of color, or incorporates an environmental justice plan or principles.

To require the designation of composting as a conservation practice and activity, to provide grants and loan guarantees for composting facilities and programs, and for other purposes. a) Conservation Standards and Requirements.--Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. 3841(j)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) Composting as conservation practice and activity.-- ``(A) In general.--The Secretary shall by regulation provide that composting is a conservation practice and a conservation activity for the purposes of this title. ``(ii) Determination of nearby communities.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations for determining whether a community is nearby for purposes of clause (i)(I)(bb), which shall ensure that bringing organic waste from the community to the farm to produce compost results in a net reduction of greenhouse gas emissions.''. ( c) Environmental Quality Incentives Program.--Section 1240A(6)(A)(ii) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 1(6)(A)(ii)) is amended by inserting ``, including composting practices'' before the semicolon at the end. ( ``(a) Definitions.--In this section: ``(1) Centralized commercial composting facility.--The term `centralized commercial composting facility' means a regional composting facility that produces at least 10,000 tons of compost annually. ``(b) Program.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish and carry out a program to award grants and loan guarantees, on a competitive basis, for projects that expand access to food waste composting. ``(3) Timeline.--An entity receiving a grant under this subsection shall fully expend the awarded grant funds within 3 years of receiving the funds. ``(E) A farmer or rancher. ``(2) Eligible entities.--The Secretary may award a loan guarantee under this section to a for-profit organization, farmer, or rancher that demonstrates successful prior experience in developing, managing, and marketing composting facilities. ``(e) Eligible Projects.--The Secretary may award grants and loan guarantees under this section for projects to carry out the following: ``(1) Composting facility or site permitting, planning, and construction. ``(6) Collection of organic waste intended for processing at a composting facility or system, or through a composting program, including curbside pick-up programs, community drop- off programs, and facility- or event-specific programs (such as programs at schools, restaurants, stadiums, or festivals). ``(g) Priority Factors.--In awarding grants and loan guarantees under this section, the Secretary shall prioritize projects that include the greatest number of the following factors: ``(1) The project is located in or serving a location with significant access to food waste and no or limited prior access to food waste composting. ``(2) The project demonstrates the potential to create new capacity for the volume or weight of food waste collected and processed, or make significant gains in the number of people with access to food waste composting facilities or systems. ``(7) The project is for a facility or system that accepts or plans to accept and process only source separated organics.

To require the designation of composting as a conservation practice and activity, to provide grants and loan guarantees for composting facilities and programs, and for other purposes. a) Conservation Standards and Requirements.--Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. 3841(j)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) Composting as conservation practice and activity.-- ``(A) In general.--The Secretary shall by regulation provide that composting is a conservation practice and a conservation activity for the purposes of this title. (d) Delivery of Technical Assistance.--Section 1242(h) of the Food Security Act of 1985 (16 U.S.C. 3842(h)) is amended by adding at the end the following: ``(5) Development of composting practice standard.--In addition to conducting a review under this subsection of any composting facility practice standard established before the date of enactment of this paragraph, the Secretary shall establish a composting practice standard under the process developed under paragraph (3).''. ``(C) Exclusion.--The term `source separated organics' does not include mixed solid waste. ``(b) Program.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish and carry out a program to award grants and loan guarantees, on a competitive basis, for projects that expand access to food waste composting. ``(4) Eligible entities.--The Secretary may award a grant under this subsection to any of the following entities: ``(A) A State, local, territorial, or Tribal government. ``(E) A farmer or rancher. ``(e) Eligible Projects.--The Secretary may award grants and loan guarantees under this section for projects to carry out the following: ``(1) Composting facility or site permitting, planning, and construction. ``(6) Collection of organic waste intended for processing at a composting facility or system, or through a composting program, including curbside pick-up programs, community drop- off programs, and facility- or event-specific programs (such as programs at schools, restaurants, stadiums, or festivals). ``(7) Activities for land-based compost application, including compost application on a farm or ranch. ``(2) The project demonstrates the potential to create new capacity for the volume or weight of food waste collected and processed, or make significant gains in the number of people with access to food waste composting facilities or systems. ``(5) The project creates opportunities for hiring and leadership development practices that are inclusive and provide living wages. ``(6) The project serves disadvantaged and low-income communities, engages Black farmers, Indigenous farmers, and other farmers of color, or incorporates an environmental justice plan or principles.

To require the designation of composting as a conservation practice and activity, to provide grants and loan guarantees for composting facilities and programs, and for other purposes. a) Conservation Standards and Requirements.--Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. 3841(j)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) Composting as conservation practice and activity.-- ``(A) In general.--The Secretary shall by regulation provide that composting is a conservation practice and a conservation activity for the purposes of this title. ``(ii) Determination of nearby communities.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations for determining whether a community is nearby for purposes of clause (i)(I)(bb), which shall ensure that bringing organic waste from the community to the farm to produce compost results in a net reduction of greenhouse gas emissions.''. ( c) Environmental Quality Incentives Program.--Section 1240A(6)(A)(ii) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 1(6)(A)(ii)) is amended by inserting ``, including composting practices'' before the semicolon at the end. ( ``(a) Definitions.--In this section: ``(1) Centralized commercial composting facility.--The term `centralized commercial composting facility' means a regional composting facility that produces at least 10,000 tons of compost annually. ``(b) Program.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish and carry out a program to award grants and loan guarantees, on a competitive basis, for projects that expand access to food waste composting. ``(3) Timeline.--An entity receiving a grant under this subsection shall fully expend the awarded grant funds within 3 years of receiving the funds. ``(E) A farmer or rancher. ``(2) Eligible entities.--The Secretary may award a loan guarantee under this section to a for-profit organization, farmer, or rancher that demonstrates successful prior experience in developing, managing, and marketing composting facilities. ``(e) Eligible Projects.--The Secretary may award grants and loan guarantees under this section for projects to carry out the following: ``(1) Composting facility or site permitting, planning, and construction. ``(6) Collection of organic waste intended for processing at a composting facility or system, or through a composting program, including curbside pick-up programs, community drop- off programs, and facility- or event-specific programs (such as programs at schools, restaurants, stadiums, or festivals). ``(g) Priority Factors.--In awarding grants and loan guarantees under this section, the Secretary shall prioritize projects that include the greatest number of the following factors: ``(1) The project is located in or serving a location with significant access to food waste and no or limited prior access to food waste composting. ``(2) The project demonstrates the potential to create new capacity for the volume or weight of food waste collected and processed, or make significant gains in the number of people with access to food waste composting facilities or systems. ``(7) The project is for a facility or system that accepts or plans to accept and process only source separated organics.

To require the designation of composting as a conservation practice and activity, to provide grants and loan guarantees for composting facilities and programs, and for other purposes. a) Conservation Standards and Requirements.--Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. 3841(j)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) Composting as conservation practice and activity.-- ``(A) In general.--The Secretary shall by regulation provide that composting is a conservation practice and a conservation activity for the purposes of this title. (d) Delivery of Technical Assistance.--Section 1242(h) of the Food Security Act of 1985 (16 U.S.C. 3842(h)) is amended by adding at the end the following: ``(5) Development of composting practice standard.--In addition to conducting a review under this subsection of any composting facility practice standard established before the date of enactment of this paragraph, the Secretary shall establish a composting practice standard under the process developed under paragraph (3).''. ``(C) Exclusion.--The term `source separated organics' does not include mixed solid waste. ``(b) Program.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish and carry out a program to award grants and loan guarantees, on a competitive basis, for projects that expand access to food waste composting. ``(4) Eligible entities.--The Secretary may award a grant under this subsection to any of the following entities: ``(A) A State, local, territorial, or Tribal government. ``(E) A farmer or rancher. ``(e) Eligible Projects.--The Secretary may award grants and loan guarantees under this section for projects to carry out the following: ``(1) Composting facility or site permitting, planning, and construction. ``(6) Collection of organic waste intended for processing at a composting facility or system, or through a composting program, including curbside pick-up programs, community drop- off programs, and facility- or event-specific programs (such as programs at schools, restaurants, stadiums, or festivals). ``(7) Activities for land-based compost application, including compost application on a farm or ranch. ``(2) The project demonstrates the potential to create new capacity for the volume or weight of food waste collected and processed, or make significant gains in the number of people with access to food waste composting facilities or systems. ``(5) The project creates opportunities for hiring and leadership development practices that are inclusive and provide living wages. ``(6) The project serves disadvantaged and low-income communities, engages Black farmers, Indigenous farmers, and other farmers of color, or incorporates an environmental justice plan or principles.

To require the designation of composting as a conservation practice and activity, to provide grants and loan guarantees for composting facilities and programs, and for other purposes. a) Conservation Standards and Requirements.--Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. 3841(j)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) Composting as conservation practice and activity.-- ``(A) In general.--The Secretary shall by regulation provide that composting is a conservation practice and a conservation activity for the purposes of this title. ``(b) Program.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish and carry out a program to award grants and loan guarantees, on a competitive basis, for projects that expand access to food waste composting. ``(g) Priority Factors.--In awarding grants and loan guarantees under this section, the Secretary shall prioritize projects that include the greatest number of the following factors: ``(1) The project is located in or serving a location with significant access to food waste and no or limited prior access to food waste composting. ``(2) The project demonstrates the potential to create new capacity for the volume or weight of food waste collected and processed, or make significant gains in the number of people with access to food waste composting facilities or systems. ``(7) The project is for a facility or system that accepts or plans to accept and process only source separated organics.

To require the designation of composting as a conservation practice and activity, to provide grants and loan guarantees for composting facilities and programs, and for other purposes. a) Conservation Standards and Requirements.--Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. 3841(j)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) Composting as conservation practice and activity.-- ``(A) In general.--The Secretary shall by regulation provide that composting is a conservation practice and a conservation activity for the purposes of this title. ( ``(2) The project demonstrates the potential to create new capacity for the volume or weight of food waste collected and processed, or make significant gains in the number of people with access to food waste composting facilities or systems. ``(5) The project creates opportunities for hiring and leadership development practices that are inclusive and provide living wages.

To require the designation of composting as a conservation practice and activity, to provide grants and loan guarantees for composting facilities and programs, and for other purposes. a) Conservation Standards and Requirements.--Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. 3841(j)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) Composting as conservation practice and activity.-- ``(A) In general.--The Secretary shall by regulation provide that composting is a conservation practice and a conservation activity for the purposes of this title. ``(b) Program.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish and carry out a program to award grants and loan guarantees, on a competitive basis, for projects that expand access to food waste composting. ``(g) Priority Factors.--In awarding grants and loan guarantees under this section, the Secretary shall prioritize projects that include the greatest number of the following factors: ``(1) The project is located in or serving a location with significant access to food waste and no or limited prior access to food waste composting. ``(2) The project demonstrates the potential to create new capacity for the volume or weight of food waste collected and processed, or make significant gains in the number of people with access to food waste composting facilities or systems. ``(7) The project is for a facility or system that accepts or plans to accept and process only source separated organics.

Cultivating Organic Matter through the Promotion of Sustainable Techniques Act or the COMPOST Act - Amends the Food Security Act of 1985 to require the Secretary of Agriculture to provide grants and loan guarantees for composting facilities and programs, and for other purposes. (Sec. 2) Requires the Secretary to: (1) establish a program to provide technical assistance to rural communities to improve water retention Directs the Secretary of Agriculture to award grants and loan guarantees to eligible entities for: (1) composting of food waste; (2) land-based compost application; (3) implementation of onsite composting systems and programs; (4) distributed infrastructure strategies; (5) collection of organic waste intended for processing at a composting facility or system, or through a compost

H.R.5615

Emergency Management

Homeland Security Capabilities Preservation Act This bill directs the Federal Emergency Management Agency (FEMA) to submit to Congress a plan to make federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities related to acts of terrorism. In developing the plan, FEMA must survey urban areas that did not receive grant funding related to preventing, preparing for, protecting against, and responding to acts of terrorism in the current fiscal year that (1) are at risk of being reduced or eliminated without such assistance, or (2) received funding in the current fiscal year but not in at least one of the six preceding fiscal years. The plan must (1) establish eligibility criteria for urban areas to receive federal assistance, (2) identify annual funding levels for such assistance in accordance with the survey, and (3) consider a range of approaches to make such assistance available to such urban areas.

To direct the Secretary of Homeland Security to submit a plan to make Federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities, 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 ``Homeland Security Capabilities Preservation Act''.</DELETED> <DELETED>SEC. 2. PRESERVATION OF HOMELAND SECURITY CAPABILITIES.</DELETED> <DELETED> (a) Plan.--</DELETED> <DELETED> (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan, informed by the survey information collected pursuant to subsection (b), to make Federal assistance available for at least three consecutive fiscal years to certain urban areas that in the current fiscal year did not receive grant funding under the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604) and require continued Federal assistance for the purpose of preserving a homeland security capability related to preventing, preparing for, protecting against, and responding to acts of terrorism that had been developed or otherwise supported through prior grant funding under such Initiative and allow for such urban areas to transition to such urban areas costs of preserving such homeland security capabilities.</DELETED> <DELETED> (2) Additional requirement.--The plan required under paragraph (1) shall also contain a prohibition on an urban area that in a fiscal year is eligible to receive Federal assistance described in such paragraph from also receiving grant funding under the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002. In such a case, such plan shall require such an urban area to promptly notify the Administrator of the Federal Emergency Management Agency regarding the preference of such urban area to retain either--</DELETED> <DELETED> (A) such eligibility for such Federal assistance; or</DELETED> <DELETED> (B) such receipt of such grant funding.</DELETED> <DELETED> (b) Survey.--In developing the plan required under subsection (a), the Administrator of the Federal Emergency Management Agency, shall, to ascertain the scope of Federal assistance required, survey urban areas that--</DELETED> <DELETED> (1) did not receive grant funding under the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 in the current fiscal year concerning homeland security capabilities related to preventing, preparing for, protecting against, and responding to acts of terrorism that had been developed or otherwise supported through funding under such Initiative that are at risk of being reduced or eliminated without such Federal assistance;</DELETED> <DELETED> (2) received such funding in the current fiscal year, but did not receive such funding in at least one fiscal year in the six fiscal years immediately preceding the current fiscal year; and</DELETED> <DELETED> (3) any other urban areas the Secretary determines appropriate.</DELETED> <DELETED> (c) Exemption.--The Secretary of Homeland Security may exempt the Federal Emergency Management Agency from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), for purposes of carrying out subsection (b) if the Secretary determines that complying with such requirements would delay the development of the plan required under subsection (a).</DELETED> <DELETED> (d) Contents.--The plan required under subsection (a) shall--</DELETED> <DELETED> (1) establish eligibility criteria for urban areas to receive Federal assistance pursuant to such plan to provide assistance for the purpose described in such subsection;</DELETED> <DELETED> (2) identify annual funding levels for such Federal assistance in accordance with the survey required under subsection (b); and</DELETED> <DELETED> (3) consider a range of approaches to make such Federal assistance available to such urban areas, including-- </DELETED> <DELETED> (A) modifications to the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 in a manner that would not affect the availability of funding to urban areas under such Initiative;</DELETED> <DELETED> (B) the establishment of a competitive grant program;</DELETED> <DELETED> (C) the establishment of a formula grant program; and</DELETED> <DELETED> (D) a timeline for the implementation of any such approach and, if necessary, a legislative proposal to authorize any such approach.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Capabilities Preservation Act''. SEC. 2. PRESERVATION OF HOMELAND SECURITY CAPABILITIES. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. (3) Covered homeland security capability.--The term ``covered homeland security capability'' means a homeland security capability related to preventing, preparing for, protecting against, or responding to acts of terrorism that-- (A) was developed or otherwise supported through grant funding under the UASI before the current fiscal year; and (B) is at risk of being reduced or eliminated without additional Federal financial assistance. (4) Covered urban area.--The term ``covered urban area'' means an urban area that-- (A) during the current fiscal year did not receive grant funding under the UASI; and (B) requires continued Federal assistance for the purpose of preserving a covered homeland security capability. (5) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (6) UASI.--The term ``UASI'' means the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604). (b) Report and Proposal.-- (1) Submission to congress.--Not later than 18 months after the date of enactment of this Act, the Secretary, acting through the Administrator, shall submit to the appropriate congressional committees a report regarding covered homeland security capabilities, including a proposal relating to providing Federal assistance to covered urban areas to preserve such capabilities that is informed by the survey information collected pursuant to subsection (c)-- (A) under which the Administrator would make Federal financial assistance available for at least 3 consecutive fiscal years to covered urban areas; and (B) that would allow covered urban areas to transition funding for the covered homeland security capabilities that were previously funded through the UASI to other sources. (2) Requirements relating to uasi funds.--The proposal required under paragraph (1) shall contain-- (A) a prohibition on a covered urban area that receives Federal financial assistance described in paragraph (1)(A) during a fiscal year from also receiving funds under the UASI during that fiscal year; and (B) a requirement for a covered urban area to submit to the Administrator notice of whether the covered urban area would elect to receive-- (i) Federal financial assistance under paragraph (1)(A); or (ii) funding under the UASI. (3) Analysis.--The report required under paragraph (1) shall include-- (A) an analysis of whether providing additional Federal financial assistance, as described in paragraph (1)(A), would allow covered urban areas to preserve covered homeland security capabilities on a long-term basis; and (B) an analysis of whether legislative changes to the UASI are necessary to ensure urban areas receiving funds under the UASI are able to preserve covered homeland security capabilities on a long-term basis. (4) Other contents of proposal.--The proposal required under paragraph (1) shall-- (A) set forth eligibility criteria for covered urban areas to receive Federal assistance described in paragraph (1)(A); (B) identify annual funding levels that would be required to provide Federal assistance described in paragraph (1)(A), in accordance with the survey required under subsection (c); and (C) consider a range of approaches to make Federal assistance described in paragraph (1)(A) available to covered urban areas, including-- (i) modifications to the UASI in a manner that would not affect the availability of funding to urban areas under the UASI; (ii) the establishment of a competitive grant program; (iii) the establishment of a formula grant program; and (iv) a timeline for the implementation of any such approach and, if necessary, a legislative proposal to authorize any such approach. (c) Survey.--In developing the proposal required under subsection (b), the Administrator shall, to ascertain the scope of Federal financial assistance required, survey-- (1) urban areas that did not receive grant funding under the UASI during the current fiscal year concerning covered homeland security capabilities that are at risk of being reduced or eliminated without additional Federal financial assistance; (2) urban areas that received grant funding under the UASI during the current fiscal year, but did not receive such funding during at least 1 fiscal year of the 7 fiscal years immediately preceding the current fiscal year; and (3) any other urban areas the Secretary determines appropriate. (d) Exemption.--The Secretary may exempt the Administrator from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), for purposes of carrying out subsection (c) if the Secretary determines that complying with such requirements would delay the development of the proposal required under subsection (b). (e) Rule of Construction.--Nothing in this section shall be construed to be directing or authorizing the Administrator to implement the proposal required under subsection (b). Calendar No. 521 117th CONGRESS 2d Session H. R. 5615 _______________________________________________________________________

Homeland Security Capabilities Preservation Act

To direct the Secretary of Homeland Security to submit a plan to make Federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities, and for other purposes.

Homeland Security Capabilities Preservation Act Homeland Security Capabilities Preservation Act Homeland Security Capabilities Preservation Act Homeland Security Capabilities Preservation Act

Rep. Demings, Val Butler

D

FL

This bill directs the Federal Emergency Management Agency (FEMA) to submit to Congress a plan to make federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities related to acts of terrorism. In developing the plan, FEMA must survey urban areas that did not receive grant funding related to preventing, preparing for, protecting against, and responding to acts of terrorism in the current fiscal year that (1) are at risk of being reduced or eliminated without such assistance, or (2) received funding in the current fiscal year but not in at least one of the six preceding fiscal years. The plan must (1) establish eligibility criteria for urban areas to receive federal assistance, (2) identify annual funding levels for such assistance in accordance with the survey, and (3) consider a range of approaches to make such assistance available to such urban areas.

To direct the Secretary of Homeland Security to submit a plan to make Federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities, and for other purposes. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Homeland Security Capabilities Preservation Act''.</DELETED> <DELETED>SEC. 2. PRESERVATION OF HOMELAND SECURITY CAPABILITIES. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. (3) Covered homeland security capability.--The term ``covered homeland security capability'' means a homeland security capability related to preventing, preparing for, protecting against, or responding to acts of terrorism that-- (A) was developed or otherwise supported through grant funding under the UASI before the current fiscal year; and (B) is at risk of being reduced or eliminated without additional Federal financial assistance. (4) Covered urban area.--The term ``covered urban area'' means an urban area that-- (A) during the current fiscal year did not receive grant funding under the UASI; and (B) requires continued Federal assistance for the purpose of preserving a covered homeland security capability. (5) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (6) UASI.--The term ``UASI'' means the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604). (4) Other contents of proposal.--The proposal required under paragraph (1) shall-- (A) set forth eligibility criteria for covered urban areas to receive Federal assistance described in paragraph (1)(A); (B) identify annual funding levels that would be required to provide Federal assistance described in paragraph (1)(A), in accordance with the survey required under subsection (c); and (C) consider a range of approaches to make Federal assistance described in paragraph (1)(A) available to covered urban areas, including-- (i) modifications to the UASI in a manner that would not affect the availability of funding to urban areas under the UASI; (ii) the establishment of a competitive grant program; (iii) the establishment of a formula grant program; and (iv) a timeline for the implementation of any such approach and, if necessary, a legislative proposal to authorize any such approach. (d) Exemption.--The Secretary may exempt the Administrator from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), for purposes of carrying out subsection (c) if the Secretary determines that complying with such requirements would delay the development of the proposal required under subsection (b). (e) Rule of Construction.--Nothing in this section shall be construed to be directing or authorizing the Administrator to implement the proposal required under subsection (b). Calendar No. 521 117th CONGRESS 2d Session H. R. 5615 _______________________________________________________________________

SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Homeland Security Capabilities Preservation Act''.</DELETED> <DELETED>SEC. 2. PRESERVATION OF HOMELAND SECURITY CAPABILITIES. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. (4) Covered urban area.--The term ``covered urban area'' means an urban area that-- (A) during the current fiscal year did not receive grant funding under the UASI; and (B) requires continued Federal assistance for the purpose of preserving a covered homeland security capability. (5) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. 604). (4) Other contents of proposal.--The proposal required under paragraph (1) shall-- (A) set forth eligibility criteria for covered urban areas to receive Federal assistance described in paragraph (1)(A); (B) identify annual funding levels that would be required to provide Federal assistance described in paragraph (1)(A), in accordance with the survey required under subsection (c); and (C) consider a range of approaches to make Federal assistance described in paragraph (1)(A) available to covered urban areas, including-- (i) modifications to the UASI in a manner that would not affect the availability of funding to urban areas under the UASI; (ii) the establishment of a competitive grant program; (iii) the establishment of a formula grant program; and (iv) a timeline for the implementation of any such approach and, if necessary, a legislative proposal to authorize any such approach. (d) Exemption.--The Secretary may exempt the Administrator from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), for purposes of carrying out subsection (c) if the Secretary determines that complying with such requirements would delay the development of the proposal required under subsection (b). (e) Rule of Construction.--Nothing in this section shall be construed to be directing or authorizing the Administrator to implement the proposal required under subsection (b).

To direct the Secretary of Homeland Security to submit a plan to make Federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities, 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 ``Homeland Security Capabilities Preservation Act''.</DELETED> <DELETED>SEC. 2. PRESERVATION OF HOMELAND SECURITY CAPABILITIES. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. (3) Covered homeland security capability.--The term ``covered homeland security capability'' means a homeland security capability related to preventing, preparing for, protecting against, or responding to acts of terrorism that-- (A) was developed or otherwise supported through grant funding under the UASI before the current fiscal year; and (B) is at risk of being reduced or eliminated without additional Federal financial assistance. (4) Covered urban area.--The term ``covered urban area'' means an urban area that-- (A) during the current fiscal year did not receive grant funding under the UASI; and (B) requires continued Federal assistance for the purpose of preserving a covered homeland security capability. (5) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (6) UASI.--The term ``UASI'' means the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604). (b) Report and Proposal.-- (1) Submission to congress.--Not later than 18 months after the date of enactment of this Act, the Secretary, acting through the Administrator, shall submit to the appropriate congressional committees a report regarding covered homeland security capabilities, including a proposal relating to providing Federal assistance to covered urban areas to preserve such capabilities that is informed by the survey information collected pursuant to subsection (c)-- (A) under which the Administrator would make Federal financial assistance available for at least 3 consecutive fiscal years to covered urban areas; and (B) that would allow covered urban areas to transition funding for the covered homeland security capabilities that were previously funded through the UASI to other sources. (3) Analysis.--The report required under paragraph (1) shall include-- (A) an analysis of whether providing additional Federal financial assistance, as described in paragraph (1)(A), would allow covered urban areas to preserve covered homeland security capabilities on a long-term basis; and (B) an analysis of whether legislative changes to the UASI are necessary to ensure urban areas receiving funds under the UASI are able to preserve covered homeland security capabilities on a long-term basis. (4) Other contents of proposal.--The proposal required under paragraph (1) shall-- (A) set forth eligibility criteria for covered urban areas to receive Federal assistance described in paragraph (1)(A); (B) identify annual funding levels that would be required to provide Federal assistance described in paragraph (1)(A), in accordance with the survey required under subsection (c); and (C) consider a range of approaches to make Federal assistance described in paragraph (1)(A) available to covered urban areas, including-- (i) modifications to the UASI in a manner that would not affect the availability of funding to urban areas under the UASI; (ii) the establishment of a competitive grant program; (iii) the establishment of a formula grant program; and (iv) a timeline for the implementation of any such approach and, if necessary, a legislative proposal to authorize any such approach. (d) Exemption.--The Secretary may exempt the Administrator from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), for purposes of carrying out subsection (c) if the Secretary determines that complying with such requirements would delay the development of the proposal required under subsection (b). (e) Rule of Construction.--Nothing in this section shall be construed to be directing or authorizing the Administrator to implement the proposal required under subsection (b). Calendar No. 521 117th CONGRESS 2d Session H. R. 5615 _______________________________________________________________________

To direct the Secretary of Homeland Security to submit a plan to make Federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities, 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 ``Homeland Security Capabilities Preservation Act''.</DELETED> <DELETED>SEC. 604) and require continued Federal assistance for the purpose of preserving a homeland security capability related to preventing, preparing for, protecting against, and responding to acts of terrorism that had been developed or otherwise supported through prior grant funding under such Initiative and allow for such urban areas to transition to such urban areas costs of preserving such homeland security capabilities.</DELETED> <DELETED> (2) Additional requirement.--The plan required under paragraph (1) shall also contain a prohibition on an urban area that in a fiscal year is eligible to receive Federal assistance described in such paragraph from also receiving grant funding under the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002. 2. PRESERVATION OF HOMELAND SECURITY CAPABILITIES. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. (3) Covered homeland security capability.--The term ``covered homeland security capability'' means a homeland security capability related to preventing, preparing for, protecting against, or responding to acts of terrorism that-- (A) was developed or otherwise supported through grant funding under the UASI before the current fiscal year; and (B) is at risk of being reduced or eliminated without additional Federal financial assistance. (4) Covered urban area.--The term ``covered urban area'' means an urban area that-- (A) during the current fiscal year did not receive grant funding under the UASI; and (B) requires continued Federal assistance for the purpose of preserving a covered homeland security capability. (5) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (6) UASI.--The term ``UASI'' means the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604). (b) Report and Proposal.-- (1) Submission to congress.--Not later than 18 months after the date of enactment of this Act, the Secretary, acting through the Administrator, shall submit to the appropriate congressional committees a report regarding covered homeland security capabilities, including a proposal relating to providing Federal assistance to covered urban areas to preserve such capabilities that is informed by the survey information collected pursuant to subsection (c)-- (A) under which the Administrator would make Federal financial assistance available for at least 3 consecutive fiscal years to covered urban areas; and (B) that would allow covered urban areas to transition funding for the covered homeland security capabilities that were previously funded through the UASI to other sources. (3) Analysis.--The report required under paragraph (1) shall include-- (A) an analysis of whether providing additional Federal financial assistance, as described in paragraph (1)(A), would allow covered urban areas to preserve covered homeland security capabilities on a long-term basis; and (B) an analysis of whether legislative changes to the UASI are necessary to ensure urban areas receiving funds under the UASI are able to preserve covered homeland security capabilities on a long-term basis. (4) Other contents of proposal.--The proposal required under paragraph (1) shall-- (A) set forth eligibility criteria for covered urban areas to receive Federal assistance described in paragraph (1)(A); (B) identify annual funding levels that would be required to provide Federal assistance described in paragraph (1)(A), in accordance with the survey required under subsection (c); and (C) consider a range of approaches to make Federal assistance described in paragraph (1)(A) available to covered urban areas, including-- (i) modifications to the UASI in a manner that would not affect the availability of funding to urban areas under the UASI; (ii) the establishment of a competitive grant program; (iii) the establishment of a formula grant program; and (iv) a timeline for the implementation of any such approach and, if necessary, a legislative proposal to authorize any such approach. (c) Survey.--In developing the proposal required under subsection (b), the Administrator shall, to ascertain the scope of Federal financial assistance required, survey-- (1) urban areas that did not receive grant funding under the UASI during the current fiscal year concerning covered homeland security capabilities that are at risk of being reduced or eliminated without additional Federal financial assistance; (2) urban areas that received grant funding under the UASI during the current fiscal year, but did not receive such funding during at least 1 fiscal year of the 7 fiscal years immediately preceding the current fiscal year; and (3) any other urban areas the Secretary determines appropriate. (d) Exemption.--The Secretary may exempt the Administrator from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), for purposes of carrying out subsection (c) if the Secretary determines that complying with such requirements would delay the development of the proposal required under subsection (b). (e) Rule of Construction.--Nothing in this section shall be construed to be directing or authorizing the Administrator to implement the proposal required under subsection (b). Calendar No. 521 117th CONGRESS 2d Session H. R. 5615 _______________________________________________________________________

To direct the Secretary of Homeland Security to submit a plan to make Federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities, 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. This Act may be cited as the ``Homeland Security Capabilities Preservation Act''. 2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. ( 2) Requirements relating to uasi funds.--The proposal required under paragraph (1) shall contain-- (A) a prohibition on a covered urban area that receives Federal financial assistance described in paragraph (1)(A) during a fiscal year from also receiving funds under the UASI during that fiscal year; and (B) a requirement for a covered urban area to submit to the Administrator notice of whether the covered urban area would elect to receive-- (i) Federal financial assistance under paragraph (1)(A); or (ii) funding under the UASI. (3) Analysis.--The report required under paragraph (1) shall include-- (A) an analysis of whether providing additional Federal financial assistance, as described in paragraph (1)(A), would allow covered urban areas to preserve covered homeland security capabilities on a long-term basis; and (B) an analysis of whether legislative changes to the UASI are necessary to ensure urban areas receiving funds under the UASI are able to preserve covered homeland security capabilities on a long-term basis. ( d) Exemption.--The Secretary may exempt the Administrator from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), for purposes of carrying out subsection (c) if the Secretary determines that complying with such requirements would delay the development of the proposal required under subsection (b). ( e) Rule of Construction.--Nothing in this section shall be construed to be directing or authorizing the Administrator to implement the proposal required under subsection (b).

To direct the Secretary of Homeland Security to submit a plan to make Federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities, 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. This Act may be cited as the ``Homeland Security Capabilities Preservation Act''. 2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. ( (2) Requirements relating to uasi funds.--The proposal required under paragraph (1) shall contain-- (A) a prohibition on a covered urban area that receives Federal financial assistance described in paragraph (1)(A) during a fiscal year from also receiving funds under the UASI during that fiscal year; and (B) a requirement for a covered urban area to submit to the Administrator notice of whether the covered urban area would elect to receive-- (i) Federal financial assistance under paragraph (1)(A); or (ii) funding under the UASI. ( 3) Analysis.--The report required under paragraph (1) shall include-- (A) an analysis of whether providing additional Federal financial assistance, as described in paragraph (1)(A), would allow covered urban areas to preserve covered homeland security capabilities on a long-term basis; and (B) an analysis of whether legislative changes to the UASI are necessary to ensure urban areas receiving funds under the UASI are able to preserve covered homeland security capabilities on a long-term basis. ( d) Exemption.--The Secretary may exempt the Administrator from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), for purposes of carrying out subsection (c) if the Secretary determines that complying with such requirements would delay the development of the proposal required under subsection (b). ( e) Rule of Construction.--Nothing in this section shall be construed to be directing or authorizing the Administrator to implement the proposal required under subsection (b).

To direct the Secretary of Homeland Security to submit a plan to make Federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities, 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. This Act may be cited as the ``Homeland Security Capabilities Preservation Act''. 2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. ( (2) Requirements relating to uasi funds.--The proposal required under paragraph (1) shall contain-- (A) a prohibition on a covered urban area that receives Federal financial assistance described in paragraph (1)(A) during a fiscal year from also receiving funds under the UASI during that fiscal year; and (B) a requirement for a covered urban area to submit to the Administrator notice of whether the covered urban area would elect to receive-- (i) Federal financial assistance under paragraph (1)(A); or (ii) funding under the UASI. ( 3) Analysis.--The report required under paragraph (1) shall include-- (A) an analysis of whether providing additional Federal financial assistance, as described in paragraph (1)(A), would allow covered urban areas to preserve covered homeland security capabilities on a long-term basis; and (B) an analysis of whether legislative changes to the UASI are necessary to ensure urban areas receiving funds under the UASI are able to preserve covered homeland security capabilities on a long-term basis. ( d) Exemption.--The Secretary may exempt the Administrator from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), for purposes of carrying out subsection (c) if the Secretary determines that complying with such requirements would delay the development of the proposal required under subsection (b). ( e) Rule of Construction.--Nothing in this section shall be construed to be directing or authorizing the Administrator to implement the proposal required under subsection (b).

To direct the Secretary of Homeland Security to submit a plan to make Federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities, 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. This Act may be cited as the ``Homeland Security Capabilities Preservation Act''. 2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. ( 2) Requirements relating to uasi funds.--The proposal required under paragraph (1) shall contain-- (A) a prohibition on a covered urban area that receives Federal financial assistance described in paragraph (1)(A) during a fiscal year from also receiving funds under the UASI during that fiscal year; and (B) a requirement for a covered urban area to submit to the Administrator notice of whether the covered urban area would elect to receive-- (i) Federal financial assistance under paragraph (1)(A); or (ii) funding under the UASI. (3) Analysis.--The report required under paragraph (1) shall include-- (A) an analysis of whether providing additional Federal financial assistance, as described in paragraph (1)(A), would allow covered urban areas to preserve covered homeland security capabilities on a long-term basis; and (B) an analysis of whether legislative changes to the UASI are necessary to ensure urban areas receiving funds under the UASI are able to preserve covered homeland security capabilities on a long-term basis. ( d) Exemption.--The Secretary may exempt the Administrator from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), for purposes of carrying out subsection (c) if the Secretary determines that complying with such requirements would delay the development of the proposal required under subsection (b). ( e) Rule of Construction.--Nothing in this section shall be construed to be directing or authorizing the Administrator to implement the proposal required under subsection (b).

To direct the Secretary of Homeland Security to submit a plan to make Federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities, 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. This Act may be cited as the ``Homeland Security Capabilities Preservation Act''. 2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. ( (2) Requirements relating to uasi funds.--The proposal required under paragraph (1) shall contain-- (A) a prohibition on a covered urban area that receives Federal financial assistance described in paragraph (1)(A) during a fiscal year from also receiving funds under the UASI during that fiscal year; and (B) a requirement for a covered urban area to submit to the Administrator notice of whether the covered urban area would elect to receive-- (i) Federal financial assistance under paragraph (1)(A); or (ii) funding under the UASI. ( 3) Analysis.--The report required under paragraph (1) shall include-- (A) an analysis of whether providing additional Federal financial assistance, as described in paragraph (1)(A), would allow covered urban areas to preserve covered homeland security capabilities on a long-term basis; and (B) an analysis of whether legislative changes to the UASI are necessary to ensure urban areas receiving funds under the UASI are able to preserve covered homeland security capabilities on a long-term basis. ( d) Exemption.--The Secretary may exempt the Administrator from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), for purposes of carrying out subsection (c) if the Secretary determines that complying with such requirements would delay the development of the proposal required under subsection (b). ( e) Rule of Construction.--Nothing in this section shall be construed to be directing or authorizing the Administrator to implement the proposal required under subsection (b).

To direct the Secretary of Homeland Security to submit a plan to make Federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities, 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. This Act may be cited as the ``Homeland Security Capabilities Preservation Act''. 2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. ( 2) Requirements relating to uasi funds.--The proposal required under paragraph (1) shall contain-- (A) a prohibition on a covered urban area that receives Federal financial assistance described in paragraph (1)(A) during a fiscal year from also receiving funds under the UASI during that fiscal year; and (B) a requirement for a covered urban area to submit to the Administrator notice of whether the covered urban area would elect to receive-- (i) Federal financial assistance under paragraph (1)(A); or (ii) funding under the UASI. (3) Analysis.--The report required under paragraph (1) shall include-- (A) an analysis of whether providing additional Federal financial assistance, as described in paragraph (1)(A), would allow covered urban areas to preserve covered homeland security capabilities on a long-term basis; and (B) an analysis of whether legislative changes to the UASI are necessary to ensure urban areas receiving funds under the UASI are able to preserve covered homeland security capabilities on a long-term basis. ( d) Exemption.--The Secretary may exempt the Administrator from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), for purposes of carrying out subsection (c) if the Secretary determines that complying with such requirements would delay the development of the proposal required under subsection (b). ( e) Rule of Construction.--Nothing in this section shall be construed to be directing or authorizing the Administrator to implement the proposal required under subsection (b).

To direct the Secretary of Homeland Security to submit a plan to make Federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities, 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. This Act may be cited as the ``Homeland Security Capabilities Preservation Act''. 2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. ( (2) Requirements relating to uasi funds.--The proposal required under paragraph (1) shall contain-- (A) a prohibition on a covered urban area that receives Federal financial assistance described in paragraph (1)(A) during a fiscal year from also receiving funds under the UASI during that fiscal year; and (B) a requirement for a covered urban area to submit to the Administrator notice of whether the covered urban area would elect to receive-- (i) Federal financial assistance under paragraph (1)(A); or (ii) funding under the UASI. ( 3) Analysis.--The report required under paragraph (1) shall include-- (A) an analysis of whether providing additional Federal financial assistance, as described in paragraph (1)(A), would allow covered urban areas to preserve covered homeland security capabilities on a long-term basis; and (B) an analysis of whether legislative changes to the UASI are necessary to ensure urban areas receiving funds under the UASI are able to preserve covered homeland security capabilities on a long-term basis. ( d) Exemption.--The Secretary may exempt the Administrator from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), for purposes of carrying out subsection (c) if the Secretary determines that complying with such requirements would delay the development of the proposal required under subsection (b). ( e) Rule of Construction.--Nothing in this section shall be construed to be directing or authorizing the Administrator to implement the proposal required under subsection (b).

To direct the Secretary of Homeland Security to submit a plan to make Federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities, 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. This Act may be cited as the ``Homeland Security Capabilities Preservation Act''. 2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. ( 2) Requirements relating to uasi funds.--The proposal required under paragraph (1) shall contain-- (A) a prohibition on a covered urban area that receives Federal financial assistance described in paragraph (1)(A) during a fiscal year from also receiving funds under the UASI during that fiscal year; and (B) a requirement for a covered urban area to submit to the Administrator notice of whether the covered urban area would elect to receive-- (i) Federal financial assistance under paragraph (1)(A); or (ii) funding under the UASI. (3) Analysis.--The report required under paragraph (1) shall include-- (A) an analysis of whether providing additional Federal financial assistance, as described in paragraph (1)(A), would allow covered urban areas to preserve covered homeland security capabilities on a long-term basis; and (B) an analysis of whether legislative changes to the UASI are necessary to ensure urban areas receiving funds under the UASI are able to preserve covered homeland security capabilities on a long-term basis. ( d) Exemption.--The Secretary may exempt the Administrator from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), for purposes of carrying out subsection (c) if the Secretary determines that complying with such requirements would delay the development of the proposal required under subsection (b). ( e) Rule of Construction.--Nothing in this section shall be construed to be directing or authorizing the Administrator to implement the proposal required under subsection (b).

To direct the Secretary of Homeland Security to submit a plan to make Federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities, 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. This Act may be cited as the ``Homeland Security Capabilities Preservation Act''. 2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. ( (2) Requirements relating to uasi funds.--The proposal required under paragraph (1) shall contain-- (A) a prohibition on a covered urban area that receives Federal financial assistance described in paragraph (1)(A) during a fiscal year from also receiving funds under the UASI during that fiscal year; and (B) a requirement for a covered urban area to submit to the Administrator notice of whether the covered urban area would elect to receive-- (i) Federal financial assistance under paragraph (1)(A); or (ii) funding under the UASI. ( 3) Analysis.--The report required under paragraph (1) shall include-- (A) an analysis of whether providing additional Federal financial assistance, as described in paragraph (1)(A), would allow covered urban areas to preserve covered homeland security capabilities on a long-term basis; and (B) an analysis of whether legislative changes to the UASI are necessary to ensure urban areas receiving funds under the UASI are able to preserve covered homeland security capabilities on a long-term basis. ( d) Exemption.--The Secretary may exempt the Administrator from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), for purposes of carrying out subsection (c) if the Secretary determines that complying with such requirements would delay the development of the proposal required under subsection (b). ( e) Rule of Construction.--Nothing in this section shall be construed to be directing or authorizing the Administrator to implement the proposal required under subsection (b).

To direct the Secretary of Homeland Security to submit a plan to make Federal assistance available to certain urban areas that previously received Urban Area Security Initiative funding to preserve homeland security capabilities, 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. This Act may be cited as the ``Homeland Security Capabilities Preservation Act''. 2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. ( 2) Requirements relating to uasi funds.--The proposal required under paragraph (1) shall contain-- (A) a prohibition on a covered urban area that receives Federal financial assistance described in paragraph (1)(A) during a fiscal year from also receiving funds under the UASI during that fiscal year; and (B) a requirement for a covered urban area to submit to the Administrator notice of whether the covered urban area would elect to receive-- (i) Federal financial assistance under paragraph (1)(A); or (ii) funding under the UASI. (3) Analysis.--The report required under paragraph (1) shall include-- (A) an analysis of whether providing additional Federal financial assistance, as described in paragraph (1)(A), would allow covered urban areas to preserve covered homeland security capabilities on a long-term basis; and (B) an analysis of whether legislative changes to the UASI are necessary to ensure urban areas receiving funds under the UASI are able to preserve covered homeland security capabilities on a long-term basis. ( d) Exemption.--The Secretary may exempt the Administrator from the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), for purposes of carrying out subsection (c) if the Secretary determines that complying with such requirements would delay the development of the proposal required under subsection (b). ( e) Rule of Construction.--Nothing in this section shall be construed to be directing or authorizing the Administrator to implement the proposal required under subsection (b).

Homeland Security Capabilities Preservation Act - Directs the Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency, to submit to the House and Senate Homeland Security Committees a plan to make federal assistance available for at least three consecutive fiscal years to certain urban areas that in the current fiscal year did not receive grant funding under the Urban Area Security Initiative under the Homeland Security Act Directs the Secretary of Homeland Security, acting through the Administrator of the Office of Urban Assistance, to report to the appropriate congressional committees regarding covered homeland security capabilities, including a proposal relating to providing federal assistance to covered urban areas to preserve such capabilities that is informed by the survey information collected under this Act. (Sec. 2) Requires the Secretary to: (1) report to Congress on

H.R.4291

Agriculture and Food

Opportunities for Fairness in Farming Act of 2021 This bill establishes restrictions and requirements for checkoff programs, which are programs overseen by the Department of Agriculture (USDA) to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands. The bill prohibits boards established to carry out a checkoff program or a USDA order issued under a checkoff program from entering into a contract or agreement to carry out program activities with a party that engages in activities to influence any government policy or action that relates to agriculture. A board or its employees or agents acting in their official capacity may not engage in any Upon approval of USDA, a board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law if the agreement or contract requires records accounting for the funds received to be submitted to the board. The board must meet specified requirements regarding the publication of budgets and disbursements of funds. The USDA Inspector General and the Government Accountability Office must conduct specified audits regarding checkoff programs.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those 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 ``Opportunities for Fairness in Farming Act of 2021''. SEC. 2. FINDINGS. Congress finds that-- (1) the generic programs to promote and provide research and information for an agricultural commodity (commonly known as ``checkoff programs'') are intended to increase demand for all of that agricultural commodity and benefit all assessed producers of that agricultural commodity; (2) although the laws establishing checkoff programs broadly prohibit the use of funds in any manner for the purpose of influencing legislation or government action, checkoff programs have repeatedly been shown to use funds to influence policy directly or by partnering with organizations that lobby; (3) the unlawful use of checkoff programs funds benefits some agricultural producers while harming many others; (4) to more effectively prevent Boards from using funds for unlawful purposes, strict separation of engagement between the Boards and policy entities is necessary; (5) conflicts of interest in the checkoff programs allow special interests to use checkoff program funds for the benefit of some assessed agricultural producers at the expense of many others; (6) prohibiting conflicts of interest in checkoff programs is necessary to ensure the proper and lawful operation of the checkoff programs; (7) checkoff programs are designed to promote agricultural commodities, not to damage other types of agricultural commodities through anticompetitive conduct or otherwise; (8) prohibiting anticompetitive and similar conduct is necessary to ensure proper and lawful operation of checkoff programs; (9) lack of transparency in checkoff programs enables abuses to occur and conceals abuses from being discovered; and (10) requiring transparency in the expenditure of checkoff program funds is necessary to prevent and uncover abuses in checkoff programs. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. (2) Checkoff program.--The term ``checkoff program'' means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.). (B) The Potato Research and Promotion Act (7 U.S.C. 2611 et seq.). (C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). (D) The Beef Research and Information Act (7 U.S.C. 2901 et seq.). (E) The Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. 3401 et seq.). (F) The Floral Research and Consumer Information Act (7 U.S.C. 4301 et seq.). (G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). (H) The Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4601 et seq.). (I) The Pork Promotion, Research, and Consumer Information Act of 1985 (7 U.S.C. 4801 et seq.). (J) The Watermelon Research and Promotion Act (7 U.S.C. 4901 et seq.). (K) The Pecan Promotion and Research Act of 1990 (7 U.S.C. 6001 et seq.). (L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). (M) The Lime Research, Promotion, and Consumer Information Act of 1990 (7 U.S.C. 6201 et seq.). (N) The Soybean Promotion, Research, and Consumer Information Act (7 U.S.C. 6301 et seq.). (O) The Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401 et seq.). (P) The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 (7 U.S.C. 6801 et seq.). (Q) The Sheep Promotion, Research, and Information Act of 1994 (7 U.S.C. 7101 et seq.). (R) Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401 et seq.). (S) The Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411 et seq.). (T) The Canola and Rapeseed Research, Promotion, and Consumer Information Act (7 U.S.C. 7441 et seq.). (U) The National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461 et seq.). (V) The Popcorn Promotion, Research, and Consumer Information Act (7 U.S.C. 7481 et seq.). (W) The Hass Avocado Promotion, Research, and Information Act of 2000 (7 U.S.C. 7801 et seq.). (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. REQUIREMENTS OF CHECKOFF PROGRAMS. (a) Prohibitions.-- (1) In general.--Except as provided in paragraph (4), a Board shall not enter into any contract or agreement to carry out checkoff program activities with a party that engages in activities for the purpose of influencing any government policy or action that relates to agriculture. (2) Conflict of interest.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in, any act that may involve a conflict of interest. (3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. (4) Exception for certain contracts with insitutions of higher education.--Paragraph (1) shall not apply to a contract or agreement entered into between a Board and an institution of higher education for the purpose of research. (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. (c) Production of Records.-- (1) In general.--Each contract or agreement of a checkoff program shall provide that the entity that enters into the contract or agreement shall produce to the Board accurate records that account for all funds received under the contract or agreement, including any goods or services provided or costs incurred in connection with the contract or agreement. (2) Maintenance of records.--A Board shall maintain any records received under paragraph (1). (d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. (2) Required disclosures.--In carrying out paragraph (1), the Board shall disclose-- (A) the amount of the disbursement; (B) the purpose of the disbursement, including the activities to be funded by the disbursement; (C) the identity of the recipient of the disbursement; and (D) the identity of any other parties that may receive the disbursed funds, including any contracts or subcontractors of the recipient of the disbursement. (e) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. (B) Review of records.--An audit conducted under subparagraph (A) shall include a review of any records produced to the Board under subsection (c)(1). (C) Submission of reports.--On completion of each audit under subparagraph (A), the Inspector General of the Department of Agriculture shall-- (i) prepare a report describing the audit; and (ii) submit the report described in clause (i) to-- (I) the appropriate committees of Congress, including the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary of the Senate; and (II) the Comptroller General of the United States. (2) Audit by comptroller general.-- (A) In general.--Not earlier than 3 years, and not later than 5 years, after the date of enactment of this Act, the Comptroller General of the United States shall-- (i) conduct an audit to assess-- (I) the status of actions taken for each checkoff program to ensure compliance with this section; and (II) the extent to which actions described in subclause (I) have improved the integrity of a checkoff program; and (ii) prepare a report describing the audit conducted under clause (i), including any recommendations for-- (I) strengthening the effect of actions described in clause (i)(I); and (II) improving Federal legislation relating to checkoff programs. (B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). SEC. 5. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected. <all>

Opportunities for Fairness in Farming Act of 2021

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes.

Opportunities for Fairness in Farming Act of 2021

Rep. Titus, Dina

D

NV

This bill establishes restrictions and requirements for checkoff programs, which are programs overseen by the Department of Agriculture (USDA) to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands. The bill prohibits boards established to carry out a checkoff program or a USDA order issued under a checkoff program from entering into a contract or agreement to carry out program activities with a party that engages in activities to influence any government policy or action that relates to agriculture. A board or its employees or agents acting in their official capacity may not engage in any Upon approval of USDA, a board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law if the agreement or contract requires records accounting for the funds received to be submitted to the board. The board must meet specified requirements regarding the publication of budgets and disbursements of funds. The USDA Inspector General and the Government Accountability Office must conduct specified audits regarding checkoff programs.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. 2. 3. 2101 et seq.). (D) The Beef Research and Information Act (7 U.S.C. (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. REQUIREMENTS OF CHECKOFF PROGRAMS. (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. (2) Maintenance of records.--A Board shall maintain any records received under paragraph (1). (2) Required disclosures.--In carrying out paragraph (1), the Board shall disclose-- (A) the amount of the disbursement; (B) the purpose of the disbursement, including the activities to be funded by the disbursement; (C) the identity of the recipient of the disbursement; and (D) the identity of any other parties that may receive the disbursed funds, including any contracts or subcontractors of the recipient of the disbursement. (C) Submission of reports.--On completion of each audit under subparagraph (A), the Inspector General of the Department of Agriculture shall-- (i) prepare a report describing the audit; and (ii) submit the report described in clause (i) to-- (I) the appropriate committees of Congress, including the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary of the Senate; and (II) the Comptroller General of the United States. SEC. 5.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. 2. 3. 2101 et seq.). (D) The Beef Research and Information Act (7 U.S.C. (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. REQUIREMENTS OF CHECKOFF PROGRAMS. (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. (2) Maintenance of records.--A Board shall maintain any records received under paragraph (1). (2) Required disclosures.--In carrying out paragraph (1), the Board shall disclose-- (A) the amount of the disbursement; (B) the purpose of the disbursement, including the activities to be funded by the disbursement; (C) the identity of the recipient of the disbursement; and (D) the identity of any other parties that may receive the disbursed funds, including any contracts or subcontractors of the recipient of the disbursement. (C) Submission of reports.--On completion of each audit under subparagraph (A), the Inspector General of the Department of Agriculture shall-- (i) prepare a report describing the audit; and (ii) submit the report described in clause (i) to-- (I) the appropriate committees of Congress, including the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary of the Senate; and (II) the Comptroller General of the United States. SEC. 5.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. SHORT TITLE. 2. FINDINGS. Congress finds that-- (1) the generic programs to promote and provide research and information for an agricultural commodity (commonly known as ``checkoff programs'') are intended to increase demand for all of that agricultural commodity and benefit all assessed producers of that agricultural commodity; (2) although the laws establishing checkoff programs broadly prohibit the use of funds in any manner for the purpose of influencing legislation or government action, checkoff programs have repeatedly been shown to use funds to influence policy directly or by partnering with organizations that lobby; (3) the unlawful use of checkoff programs funds benefits some agricultural producers while harming many others; (4) to more effectively prevent Boards from using funds for unlawful purposes, strict separation of engagement between the Boards and policy entities is necessary; (5) conflicts of interest in the checkoff programs allow special interests to use checkoff program funds for the benefit of some assessed agricultural producers at the expense of many others; (6) prohibiting conflicts of interest in checkoff programs is necessary to ensure the proper and lawful operation of the checkoff programs; (7) checkoff programs are designed to promote agricultural commodities, not to damage other types of agricultural commodities through anticompetitive conduct or otherwise; (8) prohibiting anticompetitive and similar conduct is necessary to ensure proper and lawful operation of checkoff programs; (9) lack of transparency in checkoff programs enables abuses to occur and conceals abuses from being discovered; and (10) requiring transparency in the expenditure of checkoff program funds is necessary to prevent and uncover abuses in checkoff programs. 3. DEFINITIONS. 2101 et seq.). (D) The Beef Research and Information Act (7 U.S.C. (E) The Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. (O) The Fluid Milk Promotion Act of 1990 (7 U.S.C. (P) The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 (7 U.S.C. (R) Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. REQUIREMENTS OF CHECKOFF PROGRAMS. (3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. (2) Maintenance of records.--A Board shall maintain any records received under paragraph (1). (2) Required disclosures.--In carrying out paragraph (1), the Board shall disclose-- (A) the amount of the disbursement; (B) the purpose of the disbursement, including the activities to be funded by the disbursement; (C) the identity of the recipient of the disbursement; and (D) the identity of any other parties that may receive the disbursed funds, including any contracts or subcontractors of the recipient of the disbursement. (C) Submission of reports.--On completion of each audit under subparagraph (A), the Inspector General of the Department of Agriculture shall-- (i) prepare a report describing the audit; and (ii) submit the report described in clause (i) to-- (I) the appropriate committees of Congress, including the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary of the Senate; and (II) the Comptroller General of the United States. SEC. 5. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those 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 ``Opportunities for Fairness in Farming Act of 2021''. 2. FINDINGS. Congress finds that-- (1) the generic programs to promote and provide research and information for an agricultural commodity (commonly known as ``checkoff programs'') are intended to increase demand for all of that agricultural commodity and benefit all assessed producers of that agricultural commodity; (2) although the laws establishing checkoff programs broadly prohibit the use of funds in any manner for the purpose of influencing legislation or government action, checkoff programs have repeatedly been shown to use funds to influence policy directly or by partnering with organizations that lobby; (3) the unlawful use of checkoff programs funds benefits some agricultural producers while harming many others; (4) to more effectively prevent Boards from using funds for unlawful purposes, strict separation of engagement between the Boards and policy entities is necessary; (5) conflicts of interest in the checkoff programs allow special interests to use checkoff program funds for the benefit of some assessed agricultural producers at the expense of many others; (6) prohibiting conflicts of interest in checkoff programs is necessary to ensure the proper and lawful operation of the checkoff programs; (7) checkoff programs are designed to promote agricultural commodities, not to damage other types of agricultural commodities through anticompetitive conduct or otherwise; (8) prohibiting anticompetitive and similar conduct is necessary to ensure proper and lawful operation of checkoff programs; (9) lack of transparency in checkoff programs enables abuses to occur and conceals abuses from being discovered; and (10) requiring transparency in the expenditure of checkoff program funds is necessary to prevent and uncover abuses in checkoff programs. 3. DEFINITIONS. 2101 et seq.). 2611 et seq.). 2701 et seq.). (D) The Beef Research and Information Act (7 U.S.C. 2901 et seq.). (E) The Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. 3401 et seq.). 4301 et seq.). (G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). 4601 et seq.). 4801 et seq.). 4901 et seq.). 6001 et seq.). 6101 et seq.). 6201 et seq.). 6301 et seq.). (O) The Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401 et seq.). (P) The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 (7 U.S.C. 6801 et seq.). 7101 et seq.). (R) Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401 et seq.). 7411 et seq.). (W) The Hass Avocado Promotion, Research, and Information Act of 2000 (7 U.S.C. (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. REQUIREMENTS OF CHECKOFF PROGRAMS. (3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. (4) Exception for certain contracts with insitutions of higher education.--Paragraph (1) shall not apply to a contract or agreement entered into between a Board and an institution of higher education for the purpose of research. (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. (2) Maintenance of records.--A Board shall maintain any records received under paragraph (1). (d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. (2) Required disclosures.--In carrying out paragraph (1), the Board shall disclose-- (A) the amount of the disbursement; (B) the purpose of the disbursement, including the activities to be funded by the disbursement; (C) the identity of the recipient of the disbursement; and (D) the identity of any other parties that may receive the disbursed funds, including any contracts or subcontractors of the recipient of the disbursement. (e) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. (B) Review of records.--An audit conducted under subparagraph (A) shall include a review of any records produced to the Board under subsection (c)(1). (C) Submission of reports.--On completion of each audit under subparagraph (A), the Inspector General of the Department of Agriculture shall-- (i) prepare a report describing the audit; and (ii) submit the report described in clause (i) to-- (I) the appropriate committees of Congress, including the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary of the Senate; and (II) the Comptroller General of the United States. SEC. 5. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those 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. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. ( C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). ( G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). ( (L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). ( S) The Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411 et seq.). ( W) The Hass Avocado Promotion, Research, and Information Act of 2000 (7 U.S.C. 7801 et seq.). (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. ( d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. ( (e) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. ( B) Review of records.--An audit conducted under subparagraph (A) shall include a review of any records produced to the Board under subsection (c)(1). ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. (2) Checkoff program.--The term ``checkoff program'' means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.). ( C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). ( G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). ( L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). ( (U) The National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461 et seq.). ( 3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( (c) Production of Records.-- (1) In general.--Each contract or agreement of a checkoff program shall provide that the entity that enters into the contract or agreement shall produce to the Board accurate records that account for all funds received under the contract or agreement, including any goods or services provided or costs incurred in connection with the contract or agreement. ( d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. (2) Checkoff program.--The term ``checkoff program'' means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.). ( C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). ( G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). ( L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). ( (U) The National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461 et seq.). ( 3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( (c) Production of Records.-- (1) In general.--Each contract or agreement of a checkoff program shall provide that the entity that enters into the contract or agreement shall produce to the Board accurate records that account for all funds received under the contract or agreement, including any goods or services provided or costs incurred in connection with the contract or agreement. ( d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those 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. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. ( C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). ( G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). ( (L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). ( S) The Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411 et seq.). ( W) The Hass Avocado Promotion, Research, and Information Act of 2000 (7 U.S.C. 7801 et seq.). (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. ( d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. ( (e) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. ( B) Review of records.--An audit conducted under subparagraph (A) shall include a review of any records produced to the Board under subsection (c)(1). ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. (2) Checkoff program.--The term ``checkoff program'' means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.). ( C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). ( G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). ( L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). ( (U) The National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461 et seq.). ( 3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( (c) Production of Records.-- (1) In general.--Each contract or agreement of a checkoff program shall provide that the entity that enters into the contract or agreement shall produce to the Board accurate records that account for all funds received under the contract or agreement, including any goods or services provided or costs incurred in connection with the contract or agreement. ( d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those 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. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. ( C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). ( G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). ( (L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). ( S) The Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411 et seq.). ( W) The Hass Avocado Promotion, Research, and Information Act of 2000 (7 U.S.C. 7801 et seq.). (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( (b) Authority To Enter Into Contracts.--Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. ( d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. ( (e) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. ( B) Review of records.--An audit conducted under subparagraph (A) shall include a review of any records produced to the Board under subsection (c)(1). ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. (2) Checkoff program.--The term ``checkoff program'' means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.). ( C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). ( G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). ( L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). ( (U) The National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461 et seq.). ( 3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( (c) Production of Records.-- (1) In general.--Each contract or agreement of a checkoff program shall provide that the entity that enters into the contract or agreement shall produce to the Board accurate records that account for all funds received under the contract or agreement, including any goods or services provided or costs incurred in connection with the contract or agreement. ( d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. S) The Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411 et seq.). ( ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( ( e) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. ( ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. 2) Checkoff program.--The term ``checkoff program'' means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.). ( ( d) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii).

To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. S) The Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411 et seq.). ( ( 3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. ( ( e) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. ( ( B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

Opportunities for Fairness in Farming Act of 2021 - Amends the Federal Food, Drug, and Cosmetic Act of 1938 to prohibit the use of checkoff program funds to influence policy directly or by partnering with organizations that lobby. (Currently, checkoff programs are used to promote agricultural commodities without reference to specific producers or brands.) (Sec. 3) Requires the Secretary of Agriculture to Directs the Board to publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary of Agriculture. (Sec. 5) Authorizes a Board to enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. Requires each contract or agreement of a checkoff program to provide that

H.R.1618

Government Operations and Politics

Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021 or the RESPOND Act of 2021 This bill addresses issues related to the impact of climate change on the economy, including federal retirement plans. The Federal Retirement Thrift Investment Board must establish an advisory panel on the economics of climate change to advise on how the board may invest in clean and renewable energy and make investments in a manner that helps ensure net zero greenhouse gas emissions in the United States by 2050. The board must then assess whether implementing low-carbon investment strategies is profitable and consistent with its duties. If the board cannot implement such strategies, the bill establishes the Climate Choice Stock Index Fund as part of the Federal Employees Retirement System's Thrift Savings Plan. This fund is established as an investment portfolio that performs similarly to other plan index funds, but does not invest in fossil fuels. Finally, the Federal Reserve Board and the Securities and Exchange Commission must annually report on the economic costs of climate change.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. SEC. 2. CLIMATE CHANGE ECONOMIC COST REPORT. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission shall jointly submit to Congress a report that projects and accounts for the economic costs directly and indirectly caused by the impacts of climate change, which shall include an analysis of-- (1) the effects that climate change has on the labor market, economic growth, public health, and other broad areas of the economy of the United States; (2) property and land damage from rising sea levels and extreme weather; and (3) the costs associated with natural disaster relief and mitigation. SEC. 3. FEDERAL ADVISORY PANEL ON THE ECONOMICS OF CLIMATE CHANGE. (a) Establishment.--The Federal Retirement Thrift Investment Board (referred to in this section as the ``Board'') shall establish a panel to be known as the ``Federal Advisory Panel on the Economics of Climate Change'' (referred to in this section as the ``Advisory Panel''). (b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. (B) Six members shall be chosen from among persons with expertise in local, national, or transnational financing that seeks to support mitigation and adaptation actions to combat climate change. (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (3) Chair.--The Board shall select a member of the Advisory Panel appointed under paragraph (1)(A) to serve as the Chair of the Advisory Panel. (4) Compensation.-- (A) In general.--A member of the Advisory Panel-- (i) may not receive pay by reason of the service of the member on the Advisory Panel; and (ii) shall not be considered to be an employee of the Federal Government solely because of the service of the member on the Advisory Panel. (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. (c) Duties.--The Advisory Panel shall-- (1) advise the Board on how, consistent with the fiduciary duties of the Board, the Board can make investments in a manner that helps ensure that the United States achieves net zero greenhouse gas emissions not later than 2050; (2) identify possible investment opportunities in clean and renewable energy and other emerging industries that would maximize returns; (3) produce a comparative analysis comparing the fiduciary efficacy and responsibility of existing investment practices of the Board with the investment strategies described in paragraph (1); and (4) advise the Board on how to identify, assess, and manage the investment risks and opportunities of climate change and prepare for a transition to a low-carbon economy. (d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. (B) Quantitative and qualitative analysis and modeling of the economic impact of climate change on Federal employee retirement programs, including diversification of investments, risk tolerance, future economic and workforce trends, new opportunities, expected losses, and returns. (C) The current state of, and outlook for, clean energy, including possible investment opportunities. (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. (E) Strategic options to address climate-related investment risks through further efforts to divest from fossil fuel holdings, including-- (i) transitioning to a low-carbon or carbon-free benchmark index for all public equities; (ii) divesting from significant fossil fuel holdings that are not responsible fiduciary investments for beneficiaries; and (iii) exploring the use of organizations to de-risk investments in carbon dependent funds. (2) Report.--Not later than 2 years after the date of enactment of this Act, the Advisory Panel shall submit to the Board a report containing the findings of the Advisory Panel, including the results of the examinations performed under paragraph (1). (e) Consultation With FEMA.--The Advisory Panel shall, in preparing the report required under subsection (d)(2), consult with the Administrator of the Federal Emergency Management Agency on any matters within the jurisdiction of that Agency. (f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. (2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. (g) Termination.--Notwithstanding section 14 of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Panel shall terminate upon submitting the report required under subsection (d)(2). (h) Authorization of Appropriations.--There are authorized to be appropriated not more than $2,000,000 for the Advisory Panel to comply with the requirements of the Federal Advisory Committee Act (5 U.S.C. App.), including by ensuring that the Advisory Panel will have-- (1) adequate staff and quarters; and (2) funds available to meet the other necessary expenses of the Advisory Panel. SEC. 4. CLIMATE CHOICE STOCK INDEX FUND. (a) In General.--Section 8438 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (4) through (10) as paragraphs (7) through (13), respectively; (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively; (C) by inserting before paragraph (2), as so redesignated, the following: ``(1) the term `Climate Choice Stock Index Fund' means the Climate Choice Stock Index Fund established under subsection (b)(1)(G);''; (D) by inserting after paragraph (2), as so redesignated, the following: ``(3) the term `entity' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other business association, including any wholly owned subsidiary, majority-owned subsidiary, parent-country national, or affiliate of the business association, that exists for the purpose of making profit;''; and (E) by inserting after paragraph (5), as so redesignated, the following: ``(6) the term `fossil fuel entity' means any entity-- ``(A) with proven carbon reserves; or ``(B) that explores for, extracts, processes, refines, or transmits coal, oil, gas, oil shale, or tar sands;''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(G) a Climate Choice Stock Index Fund as provided in paragraph (6).''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(B) The historical performance of the index selected under subparagraph (A) shall be comparable to that of the other investment funds and options available under this subsection. ``(C) The Climate Choice Stock Index Fund shall be invested in a portfolio that is designed-- ``(i) to replicate the performance of the index selected under subparagraph (A); ``(ii) such that, to the extent practicable, the percentage of the Climate Choice Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in the index selected under subparagraph (A); and ``(iii) to ensure that no investment in the portfolio is an investment with respect to a fossil fuel entity.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect-- (1) only if the Federal Retirement Thrift Investment Board, in the report submitted under section 3(f)(2), indicates that the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies; and (2) on the date on which the Board submits the report described in paragraph (1). <all>

RESPOND Act of 2021

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes.

RESPOND Act of 2021 Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021

Rep. Cleaver, Emanuel

D

MO

This bill addresses issues related to the impact of climate change on the economy, including federal retirement plans. The Federal Retirement Thrift Investment Board must establish an advisory panel on the economics of climate change to advise on how the board may invest in clean and renewable energy and make investments in a manner that helps ensure net zero greenhouse gas emissions in the United States by 2050. The board must then assess whether implementing low-carbon investment strategies is profitable and consistent with its duties. If the board cannot implement such strategies, the bill establishes the Climate Choice Stock Index Fund as part of the Federal Employees Retirement System's Thrift Savings Plan. This fund is established as an investment portfolio that performs similarly to other plan index funds, but does not invest in fossil fuels. Finally, the Federal Reserve Board and the Securities and Exchange Commission must annually report on the economic costs of climate change.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. SHORT TITLE. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. 2. CLIMATE CHANGE ECONOMIC COST REPORT. 3. FEDERAL ADVISORY PANEL ON THE ECONOMICS OF CLIMATE CHANGE. (B) Six members shall be chosen from among persons with expertise in local, national, or transnational financing that seeks to support mitigation and adaptation actions to combat climate change. (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. (C) The current state of, and outlook for, clean energy, including possible investment opportunities. (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. (e) Consultation With FEMA.--The Advisory Panel shall, in preparing the report required under subsection (d)(2), consult with the Administrator of the Federal Emergency Management Agency on any matters within the jurisdiction of that Agency. (f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. App. SEC. 4. CLIMATE CHOICE STOCK INDEX FUND. ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(C) The Climate Choice Stock Index Fund shall be invested in a portfolio that is designed-- ``(i) to replicate the performance of the index selected under subparagraph (A); ``(ii) such that, to the extent practicable, the percentage of the Climate Choice Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in the index selected under subparagraph (A); and ``(iii) to ensure that no investment in the portfolio is an investment with respect to a fossil fuel entity.''.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. 2. CLIMATE CHANGE ECONOMIC COST REPORT. 3. FEDERAL ADVISORY PANEL ON THE ECONOMICS OF CLIMATE CHANGE. (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. (C) The current state of, and outlook for, clean energy, including possible investment opportunities. (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. (f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. App. SEC. 4. CLIMATE CHOICE STOCK INDEX FUND. ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. SHORT TITLE. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. 2. CLIMATE CHANGE ECONOMIC COST REPORT. 3. FEDERAL ADVISORY PANEL ON THE ECONOMICS OF CLIMATE CHANGE. (B) Six members shall be chosen from among persons with expertise in local, national, or transnational financing that seeks to support mitigation and adaptation actions to combat climate change. (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. (C) The current state of, and outlook for, clean energy, including possible investment opportunities. (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. (e) Consultation With FEMA.--The Advisory Panel shall, in preparing the report required under subsection (d)(2), consult with the Administrator of the Federal Emergency Management Agency on any matters within the jurisdiction of that Agency. (f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. App. SEC. 4. CLIMATE CHOICE STOCK INDEX FUND. (a) In General.--Section 8438 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (4) through (10) as paragraphs (7) through (13), respectively; (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively; (C) by inserting before paragraph (2), as so redesignated, the following: ``(1) the term `Climate Choice Stock Index Fund' means the Climate Choice Stock Index Fund established under subsection (b)(1)(G);''; (D) by inserting after paragraph (2), as so redesignated, the following: ``(3) the term `entity' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other business association, including any wholly owned subsidiary, majority-owned subsidiary, parent-country national, or affiliate of the business association, that exists for the purpose of making profit;''; and (E) by inserting after paragraph (5), as so redesignated, the following: ``(6) the term `fossil fuel entity' means any entity-- ``(A) with proven carbon reserves; or ``(B) that explores for, extracts, processes, refines, or transmits coal, oil, gas, oil shale, or tar sands;''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(G) a Climate Choice Stock Index Fund as provided in paragraph (6). ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(C) The Climate Choice Stock Index Fund shall be invested in a portfolio that is designed-- ``(i) to replicate the performance of the index selected under subparagraph (A); ``(ii) such that, to the extent practicable, the percentage of the Climate Choice Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in the index selected under subparagraph (A); and ``(iii) to ensure that no investment in the portfolio is an investment with respect to a fossil fuel entity.''.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. 2. CLIMATE CHANGE ECONOMIC COST REPORT. 3. FEDERAL ADVISORY PANEL ON THE ECONOMICS OF CLIMATE CHANGE. (b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. (B) Six members shall be chosen from among persons with expertise in local, national, or transnational financing that seeks to support mitigation and adaptation actions to combat climate change. (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. (B) Quantitative and qualitative analysis and modeling of the economic impact of climate change on Federal employee retirement programs, including diversification of investments, risk tolerance, future economic and workforce trends, new opportunities, expected losses, and returns. (C) The current state of, and outlook for, clean energy, including possible investment opportunities. (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. (2) Report.--Not later than 2 years after the date of enactment of this Act, the Advisory Panel shall submit to the Board a report containing the findings of the Advisory Panel, including the results of the examinations performed under paragraph (1). (e) Consultation With FEMA.--The Advisory Panel shall, in preparing the report required under subsection (d)(2), consult with the Administrator of the Federal Emergency Management Agency on any matters within the jurisdiction of that Agency. (f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. (h) Authorization of Appropriations.--There are authorized to be appropriated not more than $2,000,000 for the Advisory Panel to comply with the requirements of the Federal Advisory Committee Act (5 U.S.C. App. ), including by ensuring that the Advisory Panel will have-- (1) adequate staff and quarters; and (2) funds available to meet the other necessary expenses of the Advisory Panel. SEC. 4. CLIMATE CHOICE STOCK INDEX FUND. (a) In General.--Section 8438 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (4) through (10) as paragraphs (7) through (13), respectively; (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively; (C) by inserting before paragraph (2), as so redesignated, the following: ``(1) the term `Climate Choice Stock Index Fund' means the Climate Choice Stock Index Fund established under subsection (b)(1)(G);''; (D) by inserting after paragraph (2), as so redesignated, the following: ``(3) the term `entity' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other business association, including any wholly owned subsidiary, majority-owned subsidiary, parent-country national, or affiliate of the business association, that exists for the purpose of making profit;''; and (E) by inserting after paragraph (5), as so redesignated, the following: ``(6) the term `fossil fuel entity' means any entity-- ``(A) with proven carbon reserves; or ``(B) that explores for, extracts, processes, refines, or transmits coal, oil, gas, oil shale, or tar sands;''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(G) a Climate Choice Stock Index Fund as provided in paragraph (6). ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(C) The Climate Choice Stock Index Fund shall be invested in a portfolio that is designed-- ``(i) to replicate the performance of the index selected under subparagraph (A); ``(ii) such that, to the extent practicable, the percentage of the Climate Choice Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in the index selected under subparagraph (A); and ``(iii) to ensure that no investment in the portfolio is an investment with respect to a fossil fuel entity.''.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. (a) Establishment.--The Federal Retirement Thrift Investment Board (referred to in this section as the ``Board'') shall establish a panel to be known as the ``Federal Advisory Panel on the Economics of Climate Change'' (referred to in this section as the ``Advisory Panel''). ( b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. ( d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. (2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( h) Authorization of Appropriations.--There are authorized to be appropriated not more than $2,000,000 for the Advisory Panel to comply with the requirements of the Federal Advisory Committee Act (5 U.S.C. App. ), ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(B) The historical performance of the index selected under subparagraph (A) shall be comparable to that of the other investment funds and options available under this subsection.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. ( d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( 2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( ), including by ensuring that the Advisory Panel will have-- (1) adequate staff and quarters; and (2) funds available to meet the other necessary expenses of the Advisory Panel. and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. b) Effective Date.--The amendments made by subsection (a) shall take effect-- (1) only if the Federal Retirement Thrift Investment Board, in the report submitted under section 3(f)(2), indicates that the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies; and (2) on the date on which the Board submits the report described in paragraph (1).

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. ( d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( 2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( ), including by ensuring that the Advisory Panel will have-- (1) adequate staff and quarters; and (2) funds available to meet the other necessary expenses of the Advisory Panel. and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. b) Effective Date.--The amendments made by subsection (a) shall take effect-- (1) only if the Federal Retirement Thrift Investment Board, in the report submitted under section 3(f)(2), indicates that the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies; and (2) on the date on which the Board submits the report described in paragraph (1).

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. (a) Establishment.--The Federal Retirement Thrift Investment Board (referred to in this section as the ``Board'') shall establish a panel to be known as the ``Federal Advisory Panel on the Economics of Climate Change'' (referred to in this section as the ``Advisory Panel''). ( b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. ( d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. (2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( h) Authorization of Appropriations.--There are authorized to be appropriated not more than $2,000,000 for the Advisory Panel to comply with the requirements of the Federal Advisory Committee Act (5 U.S.C. App. ), ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(B) The historical performance of the index selected under subparagraph (A) shall be comparable to that of the other investment funds and options available under this subsection.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. ( d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( 2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( ), including by ensuring that the Advisory Panel will have-- (1) adequate staff and quarters; and (2) funds available to meet the other necessary expenses of the Advisory Panel. and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. b) Effective Date.--The amendments made by subsection (a) shall take effect-- (1) only if the Federal Retirement Thrift Investment Board, in the report submitted under section 3(f)(2), indicates that the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies; and (2) on the date on which the Board submits the report described in paragraph (1).

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. (a) Establishment.--The Federal Retirement Thrift Investment Board (referred to in this section as the ``Board'') shall establish a panel to be known as the ``Federal Advisory Panel on the Economics of Climate Change'' (referred to in this section as the ``Advisory Panel''). ( b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. ( d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. (2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( h) Authorization of Appropriations.--There are authorized to be appropriated not more than $2,000,000 for the Advisory Panel to comply with the requirements of the Federal Advisory Committee Act (5 U.S.C. App. ), ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(B) The historical performance of the index selected under subparagraph (A) shall be comparable to that of the other investment funds and options available under this subsection.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. ( d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( 2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( ), including by ensuring that the Advisory Panel will have-- (1) adequate staff and quarters; and (2) funds available to meet the other necessary expenses of the Advisory Panel. and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. b) Effective Date.--The amendments made by subsection (a) shall take effect-- (1) only if the Federal Retirement Thrift Investment Board, in the report submitted under section 3(f)(2), indicates that the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies; and (2) on the date on which the Board submits the report described in paragraph (1).

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( ( ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( 2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( ``(B) The historical performance of the index selected under subparagraph (A) shall be comparable to that of the other investment funds and options available under this subsection.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. 2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( ), b) Effective Date.--The amendments made by subsection (a) shall take effect-- (1) only if the Federal Retirement Thrift Investment Board, in the report submitted under section 3(f)(2), indicates that the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies; and (2) on the date on which the Board submits the report described in paragraph (1).

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( ( ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( 2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( ``(B) The historical performance of the index selected under subparagraph (A) shall be comparable to that of the other investment funds and options available under this subsection.

Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021 or the RESPOND ACT of 2021 - Requires the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission (SEC) to jointly submit to Congress a report that projects and accounts for the economic costs directly and indirectly caused by the impacts of climate change, which shall include an Amends the Federal Retirement Thrift Investment Act to authorize appropriations for the Advisory Panel to comply with the requirements of the Federal Advisory Committee Act, including by ensuring that the Panel will have: (1) adequate staff and quarters; and (2) funds available to meet the other necessary expenses of the Panel. (Sec. 4) Directs the Board to report to Congress regarding its determination

H.R.8215

Armed Forces and National Security

Veterans Online Information and Cybersecurity Empowerment Act of 2022 or the VOICE Act of 2022 This bill requires the Department of Veterans Affairs to establish a program to promote digital citizenship and media literacy among veterans by awarding grants to eligible entities, which include civil society organizations and congressionally chartered veterans service organizations.

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. Be it enacted by the Senate 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 Online Information and Cybersecurity Empowerment Act of 2022'' or the ``VOICE Act of 2022''. SEC. 2. FINDINGS. (a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. Government agencies and researchers have also documented the targeting of veterans by fraudsters, especially online scammers, seeking to steal their government benefits. (2) According to the Federal Trade Commission, fraud costs veterans, members of the Armed Forces, and their families $267,000,000 in 2021. This was a 162-percent increase from 2020 and the median loss for these scam victims was $600, 20 percent higher than for the median loss for the general public. According to a 2017 survey conducted by the American Association of Retired Persons (AARP) veterans are twice as likely to unknowingly participate in a scam compared to the general population and an estimated 16 percent of veterans report having losing some money to fraud, while 78 percent report encountering scams that have explicitly designed to exploit their military service. (3) At the same time, adversaries from Russia, China, and Iran are using information warfare to influence democracies across the world, and extremist organizations often use digital communications to recruit members. Influence campaigns from foreign adversaries reached tens of millions of voters during the 2016 and 2018 elections with racially and divisively targeted messages. The United States can fight these influences by ensuring that citizens of the United States possess the necessary skills to discern disinformation and misinformation and protect themselves from foreign influence campaigns. (4) The Select Committee on Intelligence of the Senate found in its investigation of the interference in the 2016 election that social media posts by the Internet Research Agency (IRA) of Russia reached tens of millions of voters in 2016 and were meant to pit the people of the United States against one another and sow discord. Volume II of the Committee's investigation found that the Internet Research Agency's Instagram account with the second largest reach used the handle ``@american.veterans'' and was ``aimed at patriotic, conservative audiences, collected 215,680 followers, and generated nearly 18.5 million engagements.''. (5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. The report also found that foreign actors have been impersonating veterans through social-media accounts and interacting with veterans and veterans groups on social media to spread propaganda and disinformation. To counter these acts, Vietnam Veterans of America recommended that the Department of Veterans Affairs ``immediately develop plans to make the cyber-hygiene of veterans an urgent priority within the Department of Veterans Affairs. The VA must educate and train veterans on personal cybersecurity: how to mitigate vulnerabilities, vigilantly maintain safe practices, and recognize threats, including how to identify instances of online manipulation.''. (6) The Cyberspace Solarium Commission, a bicameral and bipartisan commission, established by section 1652 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), concluded in its finished report that the ``U.S. government should promote digital literacy, civics education, and public awareness to build societal resilience to foreign, malign cyber-enabled information operations and that the U.S. government must ensure that individual Americans have both the digital literacy tools and the civics education they need to secure their networks and their democracy from cyber-enabled information operations.''. The report recommended that Congress authorize grant programs to do this. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that, given the threat foreign influence campaigns pose for United States democracy, the effect of online scams on veterans and their families, and the findings and recommendations of Congress, Federal agencies, and experts, Congress should immediately act to pass legislative measures to increase digital and media literacy, as well as cybersecurity best practices among veterans of the United States. SEC. 4. VETERANS CYBERSECURITY AND DIGITAL LITERACY GRANT PROGRAM. (a) Program Required.--The Secretary shall establish a program to promote digital citizenship and media literacy, through which the Secretary shall award grants to eligible entities to enable those eligible entities to carry out the activities described in subsection (c). (b) Application.--An eligible entity seeking a grant under the program required by subsection (a) shall submit to the Secretary an application therefor 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 the activities the eligible entity intends to carry out with the grant funds. (2) An estimate of the costs associated with such activities. (3) Such other information and assurances as the Secretary may require. (c) Activities.--An eligible entity shall use the amount of a grant awarded under the program required by subsection (a) to carry out one or more of the following activities to promote cybersecurity best practices and increase digital and media literacy among veterans: (1) Develop competencies in cybersecurity best practices. (2) Develop media literacy and digital citizenship competencies by promoting veterans'-- (A) research and information fluency; (B) critical thinking and problem solving skills; (C) technology operations and concepts; (D) information and technological literacy; (E) concepts of media and digital representation and stereotyping; (F) understanding of explicit and implicit media and digital messages; (G) understanding of values and points of view that are included and excluded in media and digital content; (H) understanding of how media and digital content may influence ideas and behaviors; (I) understanding of the importance of obtaining information from multiple media sources and evaluating sources for quality; (J) understanding how information on digital platforms can be altered through algorithms, editing, and augmented reality; (K) ability to create media and digital content in civically and socially responsible ways; and (L) understanding of influence campaigns conducted by foreign adversaries and the tactics employed by foreign adversaries for conducting influence campaigns. (d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. (2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. (e) Sense of Congress.--It is the sense of Congress that the Secretary should-- (1) establish and maintain a list of eligible entities that receive a grant under the program required by subsection (a), and individuals designated by those eligible entities as participating individuals; and (2) make that list available to those eligible entities and participating individuals in order to promote communication and further exchange of information regarding sound digital citizenship and media literacy practices among recipients of grants under the program required by subsection (a). (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2023, 2025, and 2027. (g) Definitions.--In this section: (1) Cybersecurity best practices.--The term ``cybersecurity best practices'' means practices and steps that users of computers and other internet connected devices take to maintain and improve online security, maintain the proper functioning of computers devices, and protect computers and devices from cyberattacks and unauthorized use. (2) Digital citizenship.--The term ``digital citizenship'' means the ability to-- (A) safely, responsibly, and ethically use communication technologies and digital information technology tools and platforms; (B) create and share media content using principles of social and civic responsibility and with awareness of the legal and ethical issues involved; and (C) participate in the political, economic, social, and cultural aspects of life related to technology, communications, and the digital world by consuming and creating digital content, including media. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (4) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; and (F) reflect on how the use of media and technology may affect private and public life. (5) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs. <all>

VOICE Act of 2022

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes.

VOICE Act of 2022 Veterans Online Information and Cybersecurity Empowerment Act of 2022

Rep. Slotkin, Elissa

D

MI

This bill requires the Department of Veterans Affairs to establish a program to promote digital citizenship and media literacy among veterans by awarding grants to eligible entities, which include civil society organizations and congressionally chartered veterans service organizations.

This Act may be cited as the ``Veterans Online Information and Cybersecurity Empowerment Act of 2022'' or the ``VOICE Act of 2022''. 2. FINDINGS. Government agencies and researchers have also documented the targeting of veterans by fraudsters, especially online scammers, seeking to steal their government benefits. (2) According to the Federal Trade Commission, fraud costs veterans, members of the Armed Forces, and their families $267,000,000 in 2021. This was a 162-percent increase from 2020 and the median loss for these scam victims was $600, 20 percent higher than for the median loss for the general public. Influence campaigns from foreign adversaries reached tens of millions of voters during the 2016 and 2018 elections with racially and divisively targeted messages. The United States can fight these influences by ensuring that citizens of the United States possess the necessary skills to discern disinformation and misinformation and protect themselves from foreign influence campaigns. The report recommended that Congress authorize grant programs to do this. 3. SENSE OF CONGRESS. SEC. VETERANS CYBERSECURITY AND DIGITAL LITERACY GRANT PROGRAM. (c) Activities.--An eligible entity shall use the amount of a grant awarded under the program required by subsection (a) to carry out one or more of the following activities to promote cybersecurity best practices and increase digital and media literacy among veterans: (1) Develop competencies in cybersecurity best practices. (d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. (g) Definitions.--In this section: (1) Cybersecurity best practices.--The term ``cybersecurity best practices'' means practices and steps that users of computers and other internet connected devices take to maintain and improve online security, maintain the proper functioning of computers devices, and protect computers and devices from cyberattacks and unauthorized use. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (4) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; and (F) reflect on how the use of media and technology may affect private and public life. (5) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs.

This Act may be cited as the ``Veterans Online Information and Cybersecurity Empowerment Act of 2022'' or the ``VOICE Act of 2022''. 2. FINDINGS. Government agencies and researchers have also documented the targeting of veterans by fraudsters, especially online scammers, seeking to steal their government benefits. (2) According to the Federal Trade Commission, fraud costs veterans, members of the Armed Forces, and their families $267,000,000 in 2021. This was a 162-percent increase from 2020 and the median loss for these scam victims was $600, 20 percent higher than for the median loss for the general public. Influence campaigns from foreign adversaries reached tens of millions of voters during the 2016 and 2018 elections with racially and divisively targeted messages. The United States can fight these influences by ensuring that citizens of the United States possess the necessary skills to discern disinformation and misinformation and protect themselves from foreign influence campaigns. The report recommended that Congress authorize grant programs to do this. 3. SENSE OF CONGRESS. SEC. VETERANS CYBERSECURITY AND DIGITAL LITERACY GRANT PROGRAM. (c) Activities.--An eligible entity shall use the amount of a grant awarded under the program required by subsection (a) to carry out one or more of the following activities to promote cybersecurity best practices and increase digital and media literacy among veterans: (1) Develop competencies in cybersecurity best practices. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (4) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; and (F) reflect on how the use of media and technology may affect private and public life. (5) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Online Information and Cybersecurity Empowerment Act of 2022'' or the ``VOICE Act of 2022''. 2. FINDINGS. Government agencies and researchers have also documented the targeting of veterans by fraudsters, especially online scammers, seeking to steal their government benefits. (2) According to the Federal Trade Commission, fraud costs veterans, members of the Armed Forces, and their families $267,000,000 in 2021. This was a 162-percent increase from 2020 and the median loss for these scam victims was $600, 20 percent higher than for the median loss for the general public. Influence campaigns from foreign adversaries reached tens of millions of voters during the 2016 and 2018 elections with racially and divisively targeted messages. The United States can fight these influences by ensuring that citizens of the United States possess the necessary skills to discern disinformation and misinformation and protect themselves from foreign influence campaigns. Volume II of the Committee's investigation found that the Internet Research Agency's Instagram account with the second largest reach used the handle ``@american.veterans'' and was ``aimed at patriotic, conservative audiences, collected 215,680 followers, and generated nearly 18.5 million engagements.''. (6) The Cyberspace Solarium Commission, a bicameral and bipartisan commission, established by section 1652 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), concluded in its finished report that the ``U.S. government should promote digital literacy, civics education, and public awareness to build societal resilience to foreign, malign cyber-enabled information operations and that the U.S. government must ensure that individual Americans have both the digital literacy tools and the civics education they need to secure their networks and their democracy from cyber-enabled information operations.''. The report recommended that Congress authorize grant programs to do this. 3. SENSE OF CONGRESS. SEC. VETERANS CYBERSECURITY AND DIGITAL LITERACY GRANT PROGRAM. (c) Activities.--An eligible entity shall use the amount of a grant awarded under the program required by subsection (a) to carry out one or more of the following activities to promote cybersecurity best practices and increase digital and media literacy among veterans: (1) Develop competencies in cybersecurity best practices. (d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. (g) Definitions.--In this section: (1) Cybersecurity best practices.--The term ``cybersecurity best practices'' means practices and steps that users of computers and other internet connected devices take to maintain and improve online security, maintain the proper functioning of computers devices, and protect computers and devices from cyberattacks and unauthorized use. (2) Digital citizenship.--The term ``digital citizenship'' means the ability to-- (A) safely, responsibly, and ethically use communication technologies and digital information technology tools and platforms; (B) create and share media content using principles of social and civic responsibility and with awareness of the legal and ethical issues involved; and (C) participate in the political, economic, social, and cultural aspects of life related to technology, communications, and the digital world by consuming and creating digital content, including media. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (4) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; and (F) reflect on how the use of media and technology may affect private and public life. (5) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Online Information and Cybersecurity Empowerment Act of 2022'' or the ``VOICE Act of 2022''. 2. FINDINGS. Government agencies and researchers have also documented the targeting of veterans by fraudsters, especially online scammers, seeking to steal their government benefits. (2) According to the Federal Trade Commission, fraud costs veterans, members of the Armed Forces, and their families $267,000,000 in 2021. This was a 162-percent increase from 2020 and the median loss for these scam victims was $600, 20 percent higher than for the median loss for the general public. According to a 2017 survey conducted by the American Association of Retired Persons (AARP) veterans are twice as likely to unknowingly participate in a scam compared to the general population and an estimated 16 percent of veterans report having losing some money to fraud, while 78 percent report encountering scams that have explicitly designed to exploit their military service. Influence campaigns from foreign adversaries reached tens of millions of voters during the 2016 and 2018 elections with racially and divisively targeted messages. The United States can fight these influences by ensuring that citizens of the United States possess the necessary skills to discern disinformation and misinformation and protect themselves from foreign influence campaigns. Volume II of the Committee's investigation found that the Internet Research Agency's Instagram account with the second largest reach used the handle ``@american.veterans'' and was ``aimed at patriotic, conservative audiences, collected 215,680 followers, and generated nearly 18.5 million engagements.''. To counter these acts, Vietnam Veterans of America recommended that the Department of Veterans Affairs ``immediately develop plans to make the cyber-hygiene of veterans an urgent priority within the Department of Veterans Affairs. The VA must educate and train veterans on personal cybersecurity: how to mitigate vulnerabilities, vigilantly maintain safe practices, and recognize threats, including how to identify instances of online manipulation.''. (6) The Cyberspace Solarium Commission, a bicameral and bipartisan commission, established by section 1652 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), concluded in its finished report that the ``U.S. government should promote digital literacy, civics education, and public awareness to build societal resilience to foreign, malign cyber-enabled information operations and that the U.S. government must ensure that individual Americans have both the digital literacy tools and the civics education they need to secure their networks and their democracy from cyber-enabled information operations.''. The report recommended that Congress authorize grant programs to do this. 3. SENSE OF CONGRESS. SEC. VETERANS CYBERSECURITY AND DIGITAL LITERACY GRANT PROGRAM. (c) Activities.--An eligible entity shall use the amount of a grant awarded under the program required by subsection (a) to carry out one or more of the following activities to promote cybersecurity best practices and increase digital and media literacy among veterans: (1) Develop competencies in cybersecurity best practices. (2) Develop media literacy and digital citizenship competencies by promoting veterans'-- (A) research and information fluency; (B) critical thinking and problem solving skills; (C) technology operations and concepts; (D) information and technological literacy; (E) concepts of media and digital representation and stereotyping; (F) understanding of explicit and implicit media and digital messages; (G) understanding of values and points of view that are included and excluded in media and digital content; (H) understanding of how media and digital content may influence ideas and behaviors; (I) understanding of the importance of obtaining information from multiple media sources and evaluating sources for quality; (J) understanding how information on digital platforms can be altered through algorithms, editing, and augmented reality; (K) ability to create media and digital content in civically and socially responsible ways; and (L) understanding of influence campaigns conducted by foreign adversaries and the tactics employed by foreign adversaries for conducting influence campaigns. (d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. (g) Definitions.--In this section: (1) Cybersecurity best practices.--The term ``cybersecurity best practices'' means practices and steps that users of computers and other internet connected devices take to maintain and improve online security, maintain the proper functioning of computers devices, and protect computers and devices from cyberattacks and unauthorized use. (2) Digital citizenship.--The term ``digital citizenship'' means the ability to-- (A) safely, responsibly, and ethically use communication technologies and digital information technology tools and platforms; (B) create and share media content using principles of social and civic responsibility and with awareness of the legal and ethical issues involved; and (C) participate in the political, economic, social, and cultural aspects of life related to technology, communications, and the digital world by consuming and creating digital content, including media. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (4) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; and (F) reflect on how the use of media and technology may affect private and public life. (5) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs.

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. (3) At the same time, adversaries from Russia, China, and Iran are using information warfare to influence democracies across the world, and extremist organizations often use digital communications to recruit members. 4) The Select Committee on Intelligence of the Senate found in its investigation of the interference in the 2016 election that social media posts by the Internet Research Agency (IRA) of Russia reached tens of millions of voters in 2016 and were meant to pit the people of the United States against one another and sow discord. (5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. The VA must educate and train veterans on personal cybersecurity: how to mitigate vulnerabilities, vigilantly maintain safe practices, and recognize threats, including how to identify instances of online manipulation.''. The report recommended that Congress authorize grant programs to do this. It is the sense of Congress that, given the threat foreign influence campaigns pose for United States democracy, the effect of online scams on veterans and their families, and the findings and recommendations of Congress, Federal agencies, and experts, Congress should immediately act to pass legislative measures to increase digital and media literacy, as well as cybersecurity best practices among veterans of the United States. (b) Application.--An eligible entity seeking a grant under the program required by subsection (a) shall submit to the Secretary an application therefor 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 the activities the eligible entity intends to carry out with the grant funds. ( 3) Such other information and assurances as the Secretary may require. ( d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. (2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( e) Sense of Congress.--It is the sense of Congress that the Secretary should-- (1) establish and maintain a list of eligible entities that receive a grant under the program required by subsection (a), and individuals designated by those eligible entities as participating individuals; and (2) make that list available to those eligible entities and participating individuals in order to promote communication and further exchange of information regarding sound digital citizenship and media literacy practices among recipients of grants under the program required by subsection (a). ( (2) Digital citizenship.--The term ``digital citizenship'' means the ability to-- (A) safely, responsibly, and ethically use communication technologies and digital information technology tools and platforms; (B) create and share media content using principles of social and civic responsibility and with awareness of the legal and ethical issues involved; and (C) participate in the political, economic, social, and cultural aspects of life related to technology, communications, and the digital world by consuming and creating digital content, including media. ( 3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. Government agencies and researchers have also documented the targeting of veterans by fraudsters, especially online scammers, seeking to steal their government benefits. ( (4) The Select Committee on Intelligence of the Senate found in its investigation of the interference in the 2016 election that social media posts by the Internet Research Agency (IRA) of Russia reached tens of millions of voters in 2016 and were meant to pit the people of the United States against one another and sow discord. 5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. It is the sense of Congress that, given the threat foreign influence campaigns pose for United States democracy, the effect of online scams on veterans and their families, and the findings and recommendations of Congress, Federal agencies, and experts, Congress should immediately act to pass legislative measures to increase digital and media literacy, as well as cybersecurity best practices among veterans of the United States. c) Activities.--An eligible entity shall use the amount of a grant awarded under the program required by subsection (a) to carry out one or more of the following activities to promote cybersecurity best practices and increase digital and media literacy among veterans: (1) Develop competencies in cybersecurity best practices. d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. ( 2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2023, 2025, and 2027. ( 4) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; and (F) reflect on how the use of media and technology may affect private and public life. (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. Government agencies and researchers have also documented the targeting of veterans by fraudsters, especially online scammers, seeking to steal their government benefits. ( (4) The Select Committee on Intelligence of the Senate found in its investigation of the interference in the 2016 election that social media posts by the Internet Research Agency (IRA) of Russia reached tens of millions of voters in 2016 and were meant to pit the people of the United States against one another and sow discord. 5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. It is the sense of Congress that, given the threat foreign influence campaigns pose for United States democracy, the effect of online scams on veterans and their families, and the findings and recommendations of Congress, Federal agencies, and experts, Congress should immediately act to pass legislative measures to increase digital and media literacy, as well as cybersecurity best practices among veterans of the United States. c) Activities.--An eligible entity shall use the amount of a grant awarded under the program required by subsection (a) to carry out one or more of the following activities to promote cybersecurity best practices and increase digital and media literacy among veterans: (1) Develop competencies in cybersecurity best practices. d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. ( 2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2023, 2025, and 2027. ( 4) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; and (F) reflect on how the use of media and technology may affect private and public life. (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. (3) At the same time, adversaries from Russia, China, and Iran are using information warfare to influence democracies across the world, and extremist organizations often use digital communications to recruit members. 4) The Select Committee on Intelligence of the Senate found in its investigation of the interference in the 2016 election that social media posts by the Internet Research Agency (IRA) of Russia reached tens of millions of voters in 2016 and were meant to pit the people of the United States against one another and sow discord. (5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. The VA must educate and train veterans on personal cybersecurity: how to mitigate vulnerabilities, vigilantly maintain safe practices, and recognize threats, including how to identify instances of online manipulation.''. The report recommended that Congress authorize grant programs to do this. It is the sense of Congress that, given the threat foreign influence campaigns pose for United States democracy, the effect of online scams on veterans and their families, and the findings and recommendations of Congress, Federal agencies, and experts, Congress should immediately act to pass legislative measures to increase digital and media literacy, as well as cybersecurity best practices among veterans of the United States. (b) Application.--An eligible entity seeking a grant under the program required by subsection (a) shall submit to the Secretary an application therefor 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 the activities the eligible entity intends to carry out with the grant funds. ( 3) Such other information and assurances as the Secretary may require. ( d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. (2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( e) Sense of Congress.--It is the sense of Congress that the Secretary should-- (1) establish and maintain a list of eligible entities that receive a grant under the program required by subsection (a), and individuals designated by those eligible entities as participating individuals; and (2) make that list available to those eligible entities and participating individuals in order to promote communication and further exchange of information regarding sound digital citizenship and media literacy practices among recipients of grants under the program required by subsection (a). ( (2) Digital citizenship.--The term ``digital citizenship'' means the ability to-- (A) safely, responsibly, and ethically use communication technologies and digital information technology tools and platforms; (B) create and share media content using principles of social and civic responsibility and with awareness of the legal and ethical issues involved; and (C) participate in the political, economic, social, and cultural aspects of life related to technology, communications, and the digital world by consuming and creating digital content, including media. ( 3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. Government agencies and researchers have also documented the targeting of veterans by fraudsters, especially online scammers, seeking to steal their government benefits. ( (4) The Select Committee on Intelligence of the Senate found in its investigation of the interference in the 2016 election that social media posts by the Internet Research Agency (IRA) of Russia reached tens of millions of voters in 2016 and were meant to pit the people of the United States against one another and sow discord. 5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. It is the sense of Congress that, given the threat foreign influence campaigns pose for United States democracy, the effect of online scams on veterans and their families, and the findings and recommendations of Congress, Federal agencies, and experts, Congress should immediately act to pass legislative measures to increase digital and media literacy, as well as cybersecurity best practices among veterans of the United States. c) Activities.--An eligible entity shall use the amount of a grant awarded under the program required by subsection (a) to carry out one or more of the following activities to promote cybersecurity best practices and increase digital and media literacy among veterans: (1) Develop competencies in cybersecurity best practices. d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. ( 2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2023, 2025, and 2027. ( 4) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; and (F) reflect on how the use of media and technology may affect private and public life. (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. (3) At the same time, adversaries from Russia, China, and Iran are using information warfare to influence democracies across the world, and extremist organizations often use digital communications to recruit members. 4) The Select Committee on Intelligence of the Senate found in its investigation of the interference in the 2016 election that social media posts by the Internet Research Agency (IRA) of Russia reached tens of millions of voters in 2016 and were meant to pit the people of the United States against one another and sow discord. (5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. The VA must educate and train veterans on personal cybersecurity: how to mitigate vulnerabilities, vigilantly maintain safe practices, and recognize threats, including how to identify instances of online manipulation.''. The report recommended that Congress authorize grant programs to do this. It is the sense of Congress that, given the threat foreign influence campaigns pose for United States democracy, the effect of online scams on veterans and their families, and the findings and recommendations of Congress, Federal agencies, and experts, Congress should immediately act to pass legislative measures to increase digital and media literacy, as well as cybersecurity best practices among veterans of the United States. (b) Application.--An eligible entity seeking a grant under the program required by subsection (a) shall submit to the Secretary an application therefor 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 the activities the eligible entity intends to carry out with the grant funds. ( 3) Such other information and assurances as the Secretary may require. ( d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. (2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( e) Sense of Congress.--It is the sense of Congress that the Secretary should-- (1) establish and maintain a list of eligible entities that receive a grant under the program required by subsection (a), and individuals designated by those eligible entities as participating individuals; and (2) make that list available to those eligible entities and participating individuals in order to promote communication and further exchange of information regarding sound digital citizenship and media literacy practices among recipients of grants under the program required by subsection (a). ( (2) Digital citizenship.--The term ``digital citizenship'' means the ability to-- (A) safely, responsibly, and ethically use communication technologies and digital information technology tools and platforms; (B) create and share media content using principles of social and civic responsibility and with awareness of the legal and ethical issues involved; and (C) participate in the political, economic, social, and cultural aspects of life related to technology, communications, and the digital world by consuming and creating digital content, including media. ( 3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. ( 2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. 5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. The report recommended that Congress authorize grant programs to do this. b) Application.--An eligible entity seeking a grant under the program required by subsection (a) shall submit to the Secretary an application therefor 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 the activities the eligible entity intends to carry out with the grant funds. ( (2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( e) Sense of Congress.--It is the sense of Congress that the Secretary should-- (1) establish and maintain a list of eligible entities that receive a grant under the program required by subsection (a), and individuals designated by those eligible entities as participating individuals; and (2) make that list available to those eligible entities and participating individuals in order to promote communication and further exchange of information regarding sound digital citizenship and media literacy practices among recipients of grants under the program required by subsection (a). ( ( ( 3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. ( 2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. 5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. The report recommended that Congress authorize grant programs to do this. b) Application.--An eligible entity seeking a grant under the program required by subsection (a) shall submit to the Secretary an application therefor 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 the activities the eligible entity intends to carry out with the grant funds. ( (2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( e) Sense of Congress.--It is the sense of Congress that the Secretary should-- (1) establish and maintain a list of eligible entities that receive a grant under the program required by subsection (a), and individuals designated by those eligible entities as participating individuals; and (2) make that list available to those eligible entities and participating individuals in order to promote communication and further exchange of information regarding sound digital citizenship and media literacy practices among recipients of grants under the program required by subsection (a). ( ( ( 3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (

Veterans Online Information and Cybersecurity Empowerment Act of 2022 or the VOICE Act of 2021 This bill directs the Department of Veterans Affairs (VA) to establish a program to award grants to eligible entities to promote digital literacy among veterans and their families. The VA must: (1) develop plans to make the cyber-hygiene of veterans an urgent priority within the VA Directs the Secretary of Veterans Affairs (VA) to: (1) establish and maintain a list of eligible entities that receive a grant under the program and individuals designated by such entities as participating individuals; and (2) make that list available to such entities and participating individuals in order to promote communication and further exchange of information regarding sound digital citizenship and media literacy practices among recipients of such grants

S.4493

Armed Forces and National Security

Veterans Online Information and Cybersecurity Empowerment Act of 2022 or the VOICE Act of 2022 This bill requires the Department of Veterans Affairs to establish a program to promote digital citizenship and media literacy among veterans by awarding grants to eligible entities, which include civil society organizations and congressionally chartered veterans service organizations.

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. Be it enacted by the Senate 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 Online Information and Cybersecurity Empowerment Act of 2022'' or the ``VOICE Act of 2022''. SEC. 2. FINDINGS. (a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. Government agencies and researchers have also documented the targeting of veterans by fraudsters, especially online scammers, seeking to steal their government benefits. (2) According to the Federal Trade Commission, fraud costs veterans, members of the Armed Forces, and their families $267,000,000 in 2021. This was a 162-percent increase from 2020 and the median loss for these scam victims was $600, 20 percent higher than for the median loss for the general public. According to a 2017 survey conducted by the American Association of Retired Persons (AARP) veterans are twice as likely to unknowingly participate in a scam compared to the general population and an estimated 16 percent of veterans report having losing some money to fraud, while 78 percent report encountering scams that have explicitly designed to exploit their military service. (3) At the same time, adversaries from Russia, China, and Iran are using information warfare to influence democracies across the world, and extremist organizations often use digital communications to recruit members. Influence campaigns from foreign adversaries reached tens of millions of voters during the 2016 and 2018 elections with racially and divisively targeted messages. The United States can fight these influences by ensuring that citizens of the United States possess the necessary skills to discern disinformation and misinformation and protect themselves from foreign influence campaigns. (4) The Select Committee on Intelligence of the Senate found in its investigation of the interference in the 2016 election that social media posts by the Internet Research Agency (IRA) of Russia reached tens of millions of voters in 2016 and were meant to pit the people of the United States against one another and sow discord. Volume II of the Committee's investigation found that the Internet Research Agency's Instagram account with the second largest reach used the handle ``@american.veterans'' and was ``aimed at patriotic, conservative audiences, collected 215,680 followers, and generated nearly 18.5 million engagements.''. (5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. The report also found that foreign actors have been impersonating veterans through social-media accounts and interacting with veterans and veterans groups on social media to spread propaganda and disinformation. To counter these acts, Vietnam Veterans of America recommended that the Department of Veterans Affairs ``immediately develop plans to make the cyber-hygiene of veterans an urgent priority within the Department of Veterans Affairs. The VA must educate and train veterans on personal cybersecurity: how to mitigate vulnerabilities, vigilantly maintain safe practices, and recognize threats, including how to identify instances of online manipulation.''. (6) The Cyberspace Solarium Commission, a bicameral and bipartisan commission, established by section 1652 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), concluded in its finished report that the ``U.S. government should promote digital literacy, civics education, and public awareness to build societal resilience to foreign, malign cyber-enabled information operations and that the U.S. government must ensure that individual Americans have both the digital literacy tools and the civics education they need to secure their networks and their democracy from cyber-enabled information operations.''. The report recommended that Congress authorize grant programs to do this. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that, given the threat foreign influence campaigns pose for United States democracy, the effect of online scams on veterans and their families, and the findings and recommendations of Congress, Federal agencies, and experts, Congress should immediately act to pass legislative measures to increase digital and media literacy, as well as cybersecurity best practices among veterans of the United States. SEC. 4. VETERANS CYBERSECURITY AND DIGITAL LITERACY GRANT PROGRAM. (a) Program Required.--The Secretary shall establish a program to promote digital citizenship and media literacy, through which the Secretary shall award grants to eligible entities to enable those eligible entities to carry out the activities described in subsection (c). (b) Application.--An eligible entity seeking a grant under the program required by subsection (a) shall submit to the Secretary an application therefor 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 the activities the eligible entity intends to carry out with the grant funds. (2) An estimate of the costs associated with such activities. (3) Such other information and assurances as the Secretary may require. (c) Activities.--An eligible entity shall use the amount of a grant awarded under the program required by subsection (a) to carry out one or more of the following activities to promote cybersecurity best practices and increase digital and media literacy among veterans: (1) Develop competencies in cybersecurity best practices. (2) Develop media literacy and digital citizenship competencies by promoting veterans'-- (A) research and information fluency; (B) critical thinking and problem solving skills; (C) technology operations and concepts; (D) information and technological literacy; (E) concepts of media and digital representation and stereotyping; (F) understanding of explicit and implicit media and digital messages; (G) understanding of values and points of view that are included and excluded in media and digital content; (H) understanding of how media and digital content may influence ideas and behaviors; (I) understanding of the importance of obtaining information from multiple media sources and evaluating sources for quality; (J) understanding how information on digital platforms can be altered through algorithms, editing, and augmented reality; (K) ability to create media and digital content in civically and socially responsible ways; and (L) understanding of influence campaigns conducted by foreign adversaries and the tactics employed by foreign adversaries for conducting influence campaigns. (d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. (2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. (e) Sense of Congress.--It is the sense of Congress that the Secretary should-- (1) establish and maintain a list of eligible entities that receive a grant under the program required by subsection (a), and individuals designated by those eligible entities as participating individuals; and (2) make that list available to those eligible entities and participating individuals in order to promote communication and further exchange of information regarding sound digital citizenship and media literacy practices among recipients of grants under the program required by subsection (a). (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2023, 2025, and 2027. (g) Definitions.--In this section: (1) Cybersecurity best practices.--The term ``cybersecurity best practices'' means practices and steps that users of computers and other internet-connected devices take to maintain and improve online security, maintain the proper functioning of computers devices, and protect computers and devices from cyberattacks and unauthorized use. (2) Digital citizenship.--The term ``digital citizenship'' means the ability to-- (A) safely, responsibly, and ethically use communication technologies and digital information technology tools and platforms; (B) create and share media content using principles of social and civic responsibility and with awareness of the legal and ethical issues involved; and (C) participate in the political, economic, social, and cultural aspects of life related to technology, communications, and the digital world by consuming and creating digital content, including media. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (4) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; and (F) reflect on how the use of media and technology may affect private and public life. (5) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs. <all>

Veterans Online Information and Cybersecurity Empowerment Act of 2022

A bill to improve cybersecurity practices and improve digital literacy among veterans, and for other purposes.

VOICE Act of 2022 Veterans Online Information and Cybersecurity Empowerment Act of 2022

Sen. Klobuchar, Amy

D

MN

This bill requires the Department of Veterans Affairs to establish a program to promote digital citizenship and media literacy among veterans by awarding grants to eligible entities, which include civil society organizations and congressionally chartered veterans service organizations.

This Act may be cited as the ``Veterans Online Information and Cybersecurity Empowerment Act of 2022'' or the ``VOICE Act of 2022''. 2. FINDINGS. Government agencies and researchers have also documented the targeting of veterans by fraudsters, especially online scammers, seeking to steal their government benefits. (2) According to the Federal Trade Commission, fraud costs veterans, members of the Armed Forces, and their families $267,000,000 in 2021. This was a 162-percent increase from 2020 and the median loss for these scam victims was $600, 20 percent higher than for the median loss for the general public. Influence campaigns from foreign adversaries reached tens of millions of voters during the 2016 and 2018 elections with racially and divisively targeted messages. The United States can fight these influences by ensuring that citizens of the United States possess the necessary skills to discern disinformation and misinformation and protect themselves from foreign influence campaigns. The report recommended that Congress authorize grant programs to do this. 3. SENSE OF CONGRESS. SEC. VETERANS CYBERSECURITY AND DIGITAL LITERACY GRANT PROGRAM. (c) Activities.--An eligible entity shall use the amount of a grant awarded under the program required by subsection (a) to carry out one or more of the following activities to promote cybersecurity best practices and increase digital and media literacy among veterans: (1) Develop competencies in cybersecurity best practices. (d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. (g) Definitions.--In this section: (1) Cybersecurity best practices.--The term ``cybersecurity best practices'' means practices and steps that users of computers and other internet-connected devices take to maintain and improve online security, maintain the proper functioning of computers devices, and protect computers and devices from cyberattacks and unauthorized use. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (4) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; and (F) reflect on how the use of media and technology may affect private and public life. (5) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs.

This Act may be cited as the ``Veterans Online Information and Cybersecurity Empowerment Act of 2022'' or the ``VOICE Act of 2022''. 2. FINDINGS. Government agencies and researchers have also documented the targeting of veterans by fraudsters, especially online scammers, seeking to steal their government benefits. (2) According to the Federal Trade Commission, fraud costs veterans, members of the Armed Forces, and their families $267,000,000 in 2021. This was a 162-percent increase from 2020 and the median loss for these scam victims was $600, 20 percent higher than for the median loss for the general public. Influence campaigns from foreign adversaries reached tens of millions of voters during the 2016 and 2018 elections with racially and divisively targeted messages. The United States can fight these influences by ensuring that citizens of the United States possess the necessary skills to discern disinformation and misinformation and protect themselves from foreign influence campaigns. The report recommended that Congress authorize grant programs to do this. 3. SENSE OF CONGRESS. SEC. VETERANS CYBERSECURITY AND DIGITAL LITERACY GRANT PROGRAM. (c) Activities.--An eligible entity shall use the amount of a grant awarded under the program required by subsection (a) to carry out one or more of the following activities to promote cybersecurity best practices and increase digital and media literacy among veterans: (1) Develop competencies in cybersecurity best practices. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (4) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; and (F) reflect on how the use of media and technology may affect private and public life. (5) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Online Information and Cybersecurity Empowerment Act of 2022'' or the ``VOICE Act of 2022''. 2. FINDINGS. Government agencies and researchers have also documented the targeting of veterans by fraudsters, especially online scammers, seeking to steal their government benefits. (2) According to the Federal Trade Commission, fraud costs veterans, members of the Armed Forces, and their families $267,000,000 in 2021. This was a 162-percent increase from 2020 and the median loss for these scam victims was $600, 20 percent higher than for the median loss for the general public. Influence campaigns from foreign adversaries reached tens of millions of voters during the 2016 and 2018 elections with racially and divisively targeted messages. The United States can fight these influences by ensuring that citizens of the United States possess the necessary skills to discern disinformation and misinformation and protect themselves from foreign influence campaigns. Volume II of the Committee's investigation found that the Internet Research Agency's Instagram account with the second largest reach used the handle ``@american.veterans'' and was ``aimed at patriotic, conservative audiences, collected 215,680 followers, and generated nearly 18.5 million engagements.''. (6) The Cyberspace Solarium Commission, a bicameral and bipartisan commission, established by section 1652 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), concluded in its finished report that the ``U.S. government should promote digital literacy, civics education, and public awareness to build societal resilience to foreign, malign cyber-enabled information operations and that the U.S. government must ensure that individual Americans have both the digital literacy tools and the civics education they need to secure their networks and their democracy from cyber-enabled information operations.''. The report recommended that Congress authorize grant programs to do this. 3. SENSE OF CONGRESS. SEC. VETERANS CYBERSECURITY AND DIGITAL LITERACY GRANT PROGRAM. (c) Activities.--An eligible entity shall use the amount of a grant awarded under the program required by subsection (a) to carry out one or more of the following activities to promote cybersecurity best practices and increase digital and media literacy among veterans: (1) Develop competencies in cybersecurity best practices. (d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. (g) Definitions.--In this section: (1) Cybersecurity best practices.--The term ``cybersecurity best practices'' means practices and steps that users of computers and other internet-connected devices take to maintain and improve online security, maintain the proper functioning of computers devices, and protect computers and devices from cyberattacks and unauthorized use. (2) Digital citizenship.--The term ``digital citizenship'' means the ability to-- (A) safely, responsibly, and ethically use communication technologies and digital information technology tools and platforms; (B) create and share media content using principles of social and civic responsibility and with awareness of the legal and ethical issues involved; and (C) participate in the political, economic, social, and cultural aspects of life related to technology, communications, and the digital world by consuming and creating digital content, including media. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (4) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; and (F) reflect on how the use of media and technology may affect private and public life. (5) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Online Information and Cybersecurity Empowerment Act of 2022'' or the ``VOICE Act of 2022''. 2. FINDINGS. Government agencies and researchers have also documented the targeting of veterans by fraudsters, especially online scammers, seeking to steal their government benefits. (2) According to the Federal Trade Commission, fraud costs veterans, members of the Armed Forces, and their families $267,000,000 in 2021. This was a 162-percent increase from 2020 and the median loss for these scam victims was $600, 20 percent higher than for the median loss for the general public. According to a 2017 survey conducted by the American Association of Retired Persons (AARP) veterans are twice as likely to unknowingly participate in a scam compared to the general population and an estimated 16 percent of veterans report having losing some money to fraud, while 78 percent report encountering scams that have explicitly designed to exploit their military service. Influence campaigns from foreign adversaries reached tens of millions of voters during the 2016 and 2018 elections with racially and divisively targeted messages. The United States can fight these influences by ensuring that citizens of the United States possess the necessary skills to discern disinformation and misinformation and protect themselves from foreign influence campaigns. Volume II of the Committee's investigation found that the Internet Research Agency's Instagram account with the second largest reach used the handle ``@american.veterans'' and was ``aimed at patriotic, conservative audiences, collected 215,680 followers, and generated nearly 18.5 million engagements.''. To counter these acts, Vietnam Veterans of America recommended that the Department of Veterans Affairs ``immediately develop plans to make the cyber-hygiene of veterans an urgent priority within the Department of Veterans Affairs. The VA must educate and train veterans on personal cybersecurity: how to mitigate vulnerabilities, vigilantly maintain safe practices, and recognize threats, including how to identify instances of online manipulation.''. (6) The Cyberspace Solarium Commission, a bicameral and bipartisan commission, established by section 1652 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), concluded in its finished report that the ``U.S. government should promote digital literacy, civics education, and public awareness to build societal resilience to foreign, malign cyber-enabled information operations and that the U.S. government must ensure that individual Americans have both the digital literacy tools and the civics education they need to secure their networks and their democracy from cyber-enabled information operations.''. The report recommended that Congress authorize grant programs to do this. 3. SENSE OF CONGRESS. SEC. VETERANS CYBERSECURITY AND DIGITAL LITERACY GRANT PROGRAM. (c) Activities.--An eligible entity shall use the amount of a grant awarded under the program required by subsection (a) to carry out one or more of the following activities to promote cybersecurity best practices and increase digital and media literacy among veterans: (1) Develop competencies in cybersecurity best practices. (2) Develop media literacy and digital citizenship competencies by promoting veterans'-- (A) research and information fluency; (B) critical thinking and problem solving skills; (C) technology operations and concepts; (D) information and technological literacy; (E) concepts of media and digital representation and stereotyping; (F) understanding of explicit and implicit media and digital messages; (G) understanding of values and points of view that are included and excluded in media and digital content; (H) understanding of how media and digital content may influence ideas and behaviors; (I) understanding of the importance of obtaining information from multiple media sources and evaluating sources for quality; (J) understanding how information on digital platforms can be altered through algorithms, editing, and augmented reality; (K) ability to create media and digital content in civically and socially responsible ways; and (L) understanding of influence campaigns conducted by foreign adversaries and the tactics employed by foreign adversaries for conducting influence campaigns. (d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. (g) Definitions.--In this section: (1) Cybersecurity best practices.--The term ``cybersecurity best practices'' means practices and steps that users of computers and other internet-connected devices take to maintain and improve online security, maintain the proper functioning of computers devices, and protect computers and devices from cyberattacks and unauthorized use. (2) Digital citizenship.--The term ``digital citizenship'' means the ability to-- (A) safely, responsibly, and ethically use communication technologies and digital information technology tools and platforms; (B) create and share media content using principles of social and civic responsibility and with awareness of the legal and ethical issues involved; and (C) participate in the political, economic, social, and cultural aspects of life related to technology, communications, and the digital world by consuming and creating digital content, including media. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (4) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; and (F) reflect on how the use of media and technology may affect private and public life. (5) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs.

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. (3) At the same time, adversaries from Russia, China, and Iran are using information warfare to influence democracies across the world, and extremist organizations often use digital communications to recruit members. 4) The Select Committee on Intelligence of the Senate found in its investigation of the interference in the 2016 election that social media posts by the Internet Research Agency (IRA) of Russia reached tens of millions of voters in 2016 and were meant to pit the people of the United States against one another and sow discord. (5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. The VA must educate and train veterans on personal cybersecurity: how to mitigate vulnerabilities, vigilantly maintain safe practices, and recognize threats, including how to identify instances of online manipulation.''. The report recommended that Congress authorize grant programs to do this. It is the sense of Congress that, given the threat foreign influence campaigns pose for United States democracy, the effect of online scams on veterans and their families, and the findings and recommendations of Congress, Federal agencies, and experts, Congress should immediately act to pass legislative measures to increase digital and media literacy, as well as cybersecurity best practices among veterans of the United States. (b) Application.--An eligible entity seeking a grant under the program required by subsection (a) shall submit to the Secretary an application therefor 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 the activities the eligible entity intends to carry out with the grant funds. ( 3) Such other information and assurances as the Secretary may require. ( d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. (2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( e) Sense of Congress.--It is the sense of Congress that the Secretary should-- (1) establish and maintain a list of eligible entities that receive a grant under the program required by subsection (a), and individuals designated by those eligible entities as participating individuals; and (2) make that list available to those eligible entities and participating individuals in order to promote communication and further exchange of information regarding sound digital citizenship and media literacy practices among recipients of grants under the program required by subsection (a). ( (2) Digital citizenship.--The term ``digital citizenship'' means the ability to-- (A) safely, responsibly, and ethically use communication technologies and digital information technology tools and platforms; (B) create and share media content using principles of social and civic responsibility and with awareness of the legal and ethical issues involved; and (C) participate in the political, economic, social, and cultural aspects of life related to technology, communications, and the digital world by consuming and creating digital content, including media. ( 3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. Government agencies and researchers have also documented the targeting of veterans by fraudsters, especially online scammers, seeking to steal their government benefits. ( (4) The Select Committee on Intelligence of the Senate found in its investigation of the interference in the 2016 election that social media posts by the Internet Research Agency (IRA) of Russia reached tens of millions of voters in 2016 and were meant to pit the people of the United States against one another and sow discord. 5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. It is the sense of Congress that, given the threat foreign influence campaigns pose for United States democracy, the effect of online scams on veterans and their families, and the findings and recommendations of Congress, Federal agencies, and experts, Congress should immediately act to pass legislative measures to increase digital and media literacy, as well as cybersecurity best practices among veterans of the United States. c) Activities.--An eligible entity shall use the amount of a grant awarded under the program required by subsection (a) to carry out one or more of the following activities to promote cybersecurity best practices and increase digital and media literacy among veterans: (1) Develop competencies in cybersecurity best practices. d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. ( 2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2023, 2025, and 2027. ( 4) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; and (F) reflect on how the use of media and technology may affect private and public life. (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. Government agencies and researchers have also documented the targeting of veterans by fraudsters, especially online scammers, seeking to steal their government benefits. ( (4) The Select Committee on Intelligence of the Senate found in its investigation of the interference in the 2016 election that social media posts by the Internet Research Agency (IRA) of Russia reached tens of millions of voters in 2016 and were meant to pit the people of the United States against one another and sow discord. 5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. It is the sense of Congress that, given the threat foreign influence campaigns pose for United States democracy, the effect of online scams on veterans and their families, and the findings and recommendations of Congress, Federal agencies, and experts, Congress should immediately act to pass legislative measures to increase digital and media literacy, as well as cybersecurity best practices among veterans of the United States. c) Activities.--An eligible entity shall use the amount of a grant awarded under the program required by subsection (a) to carry out one or more of the following activities to promote cybersecurity best practices and increase digital and media literacy among veterans: (1) Develop competencies in cybersecurity best practices. d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. ( 2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2023, 2025, and 2027. ( 4) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; and (F) reflect on how the use of media and technology may affect private and public life. (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. (3) At the same time, adversaries from Russia, China, and Iran are using information warfare to influence democracies across the world, and extremist organizations often use digital communications to recruit members. 4) The Select Committee on Intelligence of the Senate found in its investigation of the interference in the 2016 election that social media posts by the Internet Research Agency (IRA) of Russia reached tens of millions of voters in 2016 and were meant to pit the people of the United States against one another and sow discord. (5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. The VA must educate and train veterans on personal cybersecurity: how to mitigate vulnerabilities, vigilantly maintain safe practices, and recognize threats, including how to identify instances of online manipulation.''. The report recommended that Congress authorize grant programs to do this. It is the sense of Congress that, given the threat foreign influence campaigns pose for United States democracy, the effect of online scams on veterans and their families, and the findings and recommendations of Congress, Federal agencies, and experts, Congress should immediately act to pass legislative measures to increase digital and media literacy, as well as cybersecurity best practices among veterans of the United States. (b) Application.--An eligible entity seeking a grant under the program required by subsection (a) shall submit to the Secretary an application therefor 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 the activities the eligible entity intends to carry out with the grant funds. ( 3) Such other information and assurances as the Secretary may require. ( d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. (2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( e) Sense of Congress.--It is the sense of Congress that the Secretary should-- (1) establish and maintain a list of eligible entities that receive a grant under the program required by subsection (a), and individuals designated by those eligible entities as participating individuals; and (2) make that list available to those eligible entities and participating individuals in order to promote communication and further exchange of information regarding sound digital citizenship and media literacy practices among recipients of grants under the program required by subsection (a). ( (2) Digital citizenship.--The term ``digital citizenship'' means the ability to-- (A) safely, responsibly, and ethically use communication technologies and digital information technology tools and platforms; (B) create and share media content using principles of social and civic responsibility and with awareness of the legal and ethical issues involved; and (C) participate in the political, economic, social, and cultural aspects of life related to technology, communications, and the digital world by consuming and creating digital content, including media. ( 3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. Government agencies and researchers have also documented the targeting of veterans by fraudsters, especially online scammers, seeking to steal their government benefits. ( (4) The Select Committee on Intelligence of the Senate found in its investigation of the interference in the 2016 election that social media posts by the Internet Research Agency (IRA) of Russia reached tens of millions of voters in 2016 and were meant to pit the people of the United States against one another and sow discord. 5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. It is the sense of Congress that, given the threat foreign influence campaigns pose for United States democracy, the effect of online scams on veterans and their families, and the findings and recommendations of Congress, Federal agencies, and experts, Congress should immediately act to pass legislative measures to increase digital and media literacy, as well as cybersecurity best practices among veterans of the United States. c) Activities.--An eligible entity shall use the amount of a grant awarded under the program required by subsection (a) to carry out one or more of the following activities to promote cybersecurity best practices and increase digital and media literacy among veterans: (1) Develop competencies in cybersecurity best practices. d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. ( 2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2023, 2025, and 2027. ( 4) Media literacy.--The term ``media literacy'' means the ability to-- (A) access relevant and accurate information through media in a variety of forms; (B) critically analyze media content and the influences of different forms of media; (C) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (D) make educated decisions based on information obtained from media and digital sources; (E) operate various forms of technology and digital tools; and (F) reflect on how the use of media and technology may affect private and public life. (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. (3) At the same time, adversaries from Russia, China, and Iran are using information warfare to influence democracies across the world, and extremist organizations often use digital communications to recruit members. 4) The Select Committee on Intelligence of the Senate found in its investigation of the interference in the 2016 election that social media posts by the Internet Research Agency (IRA) of Russia reached tens of millions of voters in 2016 and were meant to pit the people of the United States against one another and sow discord. (5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. The VA must educate and train veterans on personal cybersecurity: how to mitigate vulnerabilities, vigilantly maintain safe practices, and recognize threats, including how to identify instances of online manipulation.''. The report recommended that Congress authorize grant programs to do this. It is the sense of Congress that, given the threat foreign influence campaigns pose for United States democracy, the effect of online scams on veterans and their families, and the findings and recommendations of Congress, Federal agencies, and experts, Congress should immediately act to pass legislative measures to increase digital and media literacy, as well as cybersecurity best practices among veterans of the United States. (b) Application.--An eligible entity seeking a grant under the program required by subsection (a) shall submit to the Secretary an application therefor 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 the activities the eligible entity intends to carry out with the grant funds. ( 3) Such other information and assurances as the Secretary may require. ( d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. (2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( e) Sense of Congress.--It is the sense of Congress that the Secretary should-- (1) establish and maintain a list of eligible entities that receive a grant under the program required by subsection (a), and individuals designated by those eligible entities as participating individuals; and (2) make that list available to those eligible entities and participating individuals in order to promote communication and further exchange of information regarding sound digital citizenship and media literacy practices among recipients of grants under the program required by subsection (a). ( (2) Digital citizenship.--The term ``digital citizenship'' means the ability to-- (A) safely, responsibly, and ethically use communication technologies and digital information technology tools and platforms; (B) create and share media content using principles of social and civic responsibility and with awareness of the legal and ethical issues involved; and (C) participate in the political, economic, social, and cultural aspects of life related to technology, communications, and the digital world by consuming and creating digital content, including media. ( 3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. ( 2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. 5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. The report recommended that Congress authorize grant programs to do this. b) Application.--An eligible entity seeking a grant under the program required by subsection (a) shall submit to the Secretary an application therefor 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 the activities the eligible entity intends to carry out with the grant funds. ( (2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( e) Sense of Congress.--It is the sense of Congress that the Secretary should-- (1) establish and maintain a list of eligible entities that receive a grant under the program required by subsection (a), and individuals designated by those eligible entities as participating individuals; and (2) make that list available to those eligible entities and participating individuals in order to promote communication and further exchange of information regarding sound digital citizenship and media literacy practices among recipients of grants under the program required by subsection (a). ( ( ( 3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. a) Findings.--Congress finds the following: (1) Researchers have documented persistent, pervasive, and coordinated online targeting of members of the Armed Forces, veterans, and their families by foreign adversaries seeking to undermine United States democracy in part because of public trust placed in these communities. d) Reporting.-- (1) Reports by grant recipients.--Each recipient of a grant under the program required by subsection (a) shall, not later than one year after the date on which the recipient first receives funds pursuant to the grant, submit to the Secretary a report describing the activities the recipient carried out using grant funds and the effectiveness of those activities. ( 2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( (

To improve cybersecurity practices and improve digital literacy among veterans, and for other purposes. 5) A 2019 investigative report by the Vietnam Veterans of America (VVA) titled ``An Investigation into Foreign Entities who are Targeting Troops and Veterans Online'', found that the Internet Research Agency targeted veterans and the followers of several congressionally chartered veterans service organizations with at least 113 advertisements during and following the 2016 election and that ``this represents a fraction of the Russian activity that targeted this community with divisive propaganda.''. The report recommended that Congress authorize grant programs to do this. b) Application.--An eligible entity seeking a grant under the program required by subsection (a) shall submit to the Secretary an application therefor 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 the activities the eligible entity intends to carry out with the grant funds. ( (2) Report by the secretary.--Not later than 90 days after the date on which the Secretary receives the last report the Secretary expects to receive under paragraph (1), the Secretary shall submit to Congress a report describing the activities carried out under this section and the effectiveness of those activities. ( e) Sense of Congress.--It is the sense of Congress that the Secretary should-- (1) establish and maintain a list of eligible entities that receive a grant under the program required by subsection (a), and individuals designated by those eligible entities as participating individuals; and (2) make that list available to those eligible entities and participating individuals in order to promote communication and further exchange of information regarding sound digital citizenship and media literacy practices among recipients of grants under the program required by subsection (a). ( ( ( 3) Eligible entity.--The term ``eligible entity'' means-- (A) a civil society organization, including community groups, nongovernmental organizations, nonprofit organization, labor organizations, indigenous groups, charitable organizations, professional associations, and foundations; and (B) congressionally chartered veterans service organizations. (

Veterans Online Information and Cybersecurity Empowerment Act of 2022 or the VOICE Act of 2021 This bill directs the Department of Veterans Affairs (VA) to establish a program to award grants to eligible entities to promote digital literacy among veterans and their families. The VA must: (1) develop plans to make the cyber-hygiene of veterans an urgent priority within the VA Directs the Secretary of Veterans Affairs (VA) to: (1) establish and maintain a list of eligible entities that receive a grant under the program and individuals designated by such entities as participating individuals; and (2) make that list available to such entities and participating individuals in order to promote communication and further exchange of information regarding sound digital citizenship and media literacy practices among recipients of such grants

S.606

Government Operations and Politics

Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021 or the RESPOND Act of 2021 This bill addresses issues related to the impact of climate change on the economy, including federal retirement plans. The Federal Retirement Thrift Investment Board must establish an advisory panel on the economics of climate change to advise on how the board may invest in clean and renewable energy and make investments in a manner that helps ensure net zero greenhouse gas emissions in the United States by 2050. The board must then assess whether implementing low-carbon investment strategies is profitable and consistent with its duties. If the board cannot implement such strategies, the bill establishes the Climate Choice Stock Index Fund as part of the Federal Employees Retirement System's Thrift Savings Plan. This fund is established as an investment portfolio that performs similarly to other plan index funds, but does not invest in fossil fuels. Finally, the Federal Reserve Board and the Securities and Exchange Commission must annually report on the economic costs of climate change.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. SEC. 2. CLIMATE CHANGE ECONOMIC COST REPORT. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission shall jointly submit to Congress a report that projects and accounts for the economic costs directly and indirectly caused by the impacts of climate change, which shall include an analysis of-- (1) the effects that climate change has on the labor market, economic growth, public health, and other broad areas of the economy of the United States; (2) property and land damage from rising sea levels and extreme weather; and (3) the costs associated with natural disaster relief and mitigation. SEC. 3. FEDERAL ADVISORY PANEL ON THE ECONOMICS OF CLIMATE CHANGE. (a) Establishment.--The Federal Retirement Thrift Investment Board (referred to in this section as the ``Board'') shall establish a panel to be known as the ``Federal Advisory Panel on the Economics of Climate Change'' (referred to in this section as the ``Advisory Panel''). (b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. (B) Six members shall be chosen from among persons with expertise in local, national, or transnational financing that seeks to support mitigation and adaptation actions to combat climate change. (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (3) Chair.--The Board shall select a member of the Advisory Panel appointed under paragraph (1)(A) to serve as the Chair of the Advisory Panel. (4) Compensation.-- (A) In general.--A member of the Advisory Panel-- (i) may not receive pay by reason of the service of the member on the Advisory Panel; and (ii) shall not be considered to be an employee of the Federal Government solely because of the service of the member on the Advisory Panel. (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. (c) Duties.--The Advisory Panel shall-- (1) advise the Board on how, consistent with the fiduciary duties of the Board, the Board can make investments in a manner that helps ensure that the United States achieves net zero greenhouse gas emissions not later than 2050; (2) identify possible investment opportunities in clean and renewable energy and other emerging industries that would maximize returns; (3) produce a comparative analysis comparing the fiduciary efficacy and responsibility of existing investment practices of the Board with the investment strategies described in paragraph (1); and (4) advise the Board on how to identify, assess, and manage the investment risks and opportunities of climate change and prepare for a transition to a low-carbon economy. (d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. (B) Quantitative and qualitative analysis and modeling of the economic impact of climate change on Federal employee retirement programs, including diversification of investments, risk tolerance, future economic and workforce trends, new opportunities, expected losses, and returns. (C) The current state of, and outlook for, clean energy, including possible investment opportunities. (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. (E) Strategic options to address climate-related investment risks through further efforts to divest from fossil fuel holdings, including-- (i) transitioning to a low-carbon or carbon-free benchmark index for all public equities; (ii) divesting from significant fossil fuel holdings that are not responsible fiduciary investments for beneficiaries; and (iii) exploring the use of organizations to de-risk investments in carbon dependent funds. (2) Report.--Not later than 2 years after the date of enactment of this Act, the Advisory Panel shall submit to the Board a report containing the findings of the Advisory Panel, including the results of the examinations performed under paragraph (1). (e) Consultation With FEMA.--The Advisory Panel shall, in preparing the report required under subsection (d)(2), consult with the Administrator of the Federal Emergency Management Agency on any matters within the jurisdiction of that Agency. (f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. (2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. (g) Termination.--Notwithstanding section 14 of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Panel shall terminate upon submitting the report required under subsection (d)(2). (h) Authorization of Appropriations.--There are authorized to be appropriated not more than $2,000,000 for the Advisory Panel to comply with the requirements of the Federal Advisory Committee Act (5 U.S.C. App.), including by ensuring that the Advisory Panel will have-- (1) adequate staff and quarters; and (2) funds available to meet the other necessary expenses of the Advisory Panel. SEC. 4. CLIMATE CHOICE STOCK INDEX FUND. (a) In General.--Section 8438 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (4) through (10) as paragraphs (7) through (13), respectively; (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively; (C) by inserting before paragraph (2), as so redesignated, the following: ``(1) the term `Climate Choice Stock Index Fund' means the Climate Choice Stock Index Fund established under subsection (b)(1)(G);''; (D) by inserting after paragraph (2), as so redesignated, the following: ``(3) the term `entity' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other business association, including any wholly owned subsidiary, majority-owned subsidiary, parent-country national, or affiliate of the business association, that exists for the purpose of making profit;''; and (E) by inserting after paragraph (5), as so redesignated, the following: ``(6) the term `fossil fuel entity' means any entity-- ``(A) with proven carbon reserves; or ``(B) that explores for, extracts, processes, refines, or transmits coal, oil, gas, oil shale, or tar sands;''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(G) a Climate Choice Stock Index Fund as provided in paragraph (6).''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(B) The historical performance of the index selected under subparagraph (A) shall be comparable to that of the other investment funds and options available under this subsection. ``(C) The Climate Choice Stock Index Fund shall be invested in a portfolio that is designed-- ``(i) to replicate the performance of the index selected under subparagraph (A); ``(ii) such that, to the extent practicable, the percentage of the Climate Choice Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in the index selected under subparagraph (A); and ``(iii) to ensure that no investment in the portfolio is an investment with respect to a fossil fuel entity.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect-- (1) only if the Federal Retirement Thrift Investment Board, in the report submitted under section 3(f)(2), indicates that the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies; and (2) on the date on which the Board submits the report described in paragraph (1). <all>

RESPOND Act of 2021

A bill to require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes.

RESPOND Act of 2021 Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021

Sen. Merkley, Jeff

D

OR

This bill addresses issues related to the impact of climate change on the economy, including federal retirement plans. The Federal Retirement Thrift Investment Board must establish an advisory panel on the economics of climate change to advise on how the board may invest in clean and renewable energy and make investments in a manner that helps ensure net zero greenhouse gas emissions in the United States by 2050. The board must then assess whether implementing low-carbon investment strategies is profitable and consistent with its duties. If the board cannot implement such strategies, the bill establishes the Climate Choice Stock Index Fund as part of the Federal Employees Retirement System's Thrift Savings Plan. This fund is established as an investment portfolio that performs similarly to other plan index funds, but does not invest in fossil fuels. Finally, the Federal Reserve Board and the Securities and Exchange Commission must annually report on the economic costs of climate change.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. SHORT TITLE. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. 2. CLIMATE CHANGE ECONOMIC COST REPORT. 3. FEDERAL ADVISORY PANEL ON THE ECONOMICS OF CLIMATE CHANGE. (B) Six members shall be chosen from among persons with expertise in local, national, or transnational financing that seeks to support mitigation and adaptation actions to combat climate change. (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. (C) The current state of, and outlook for, clean energy, including possible investment opportunities. (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. (e) Consultation With FEMA.--The Advisory Panel shall, in preparing the report required under subsection (d)(2), consult with the Administrator of the Federal Emergency Management Agency on any matters within the jurisdiction of that Agency. (f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. App. SEC. 4. CLIMATE CHOICE STOCK INDEX FUND. ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(C) The Climate Choice Stock Index Fund shall be invested in a portfolio that is designed-- ``(i) to replicate the performance of the index selected under subparagraph (A); ``(ii) such that, to the extent practicable, the percentage of the Climate Choice Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in the index selected under subparagraph (A); and ``(iii) to ensure that no investment in the portfolio is an investment with respect to a fossil fuel entity.''.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. 2. CLIMATE CHANGE ECONOMIC COST REPORT. 3. FEDERAL ADVISORY PANEL ON THE ECONOMICS OF CLIMATE CHANGE. (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. (C) The current state of, and outlook for, clean energy, including possible investment opportunities. (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. (f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. App. SEC. 4. CLIMATE CHOICE STOCK INDEX FUND. ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. SHORT TITLE. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. 2. CLIMATE CHANGE ECONOMIC COST REPORT. 3. FEDERAL ADVISORY PANEL ON THE ECONOMICS OF CLIMATE CHANGE. (B) Six members shall be chosen from among persons with expertise in local, national, or transnational financing that seeks to support mitigation and adaptation actions to combat climate change. (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. (C) The current state of, and outlook for, clean energy, including possible investment opportunities. (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. (e) Consultation With FEMA.--The Advisory Panel shall, in preparing the report required under subsection (d)(2), consult with the Administrator of the Federal Emergency Management Agency on any matters within the jurisdiction of that Agency. (f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. App. SEC. 4. CLIMATE CHOICE STOCK INDEX FUND. (a) In General.--Section 8438 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (4) through (10) as paragraphs (7) through (13), respectively; (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively; (C) by inserting before paragraph (2), as so redesignated, the following: ``(1) the term `Climate Choice Stock Index Fund' means the Climate Choice Stock Index Fund established under subsection (b)(1)(G);''; (D) by inserting after paragraph (2), as so redesignated, the following: ``(3) the term `entity' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other business association, including any wholly owned subsidiary, majority-owned subsidiary, parent-country national, or affiliate of the business association, that exists for the purpose of making profit;''; and (E) by inserting after paragraph (5), as so redesignated, the following: ``(6) the term `fossil fuel entity' means any entity-- ``(A) with proven carbon reserves; or ``(B) that explores for, extracts, processes, refines, or transmits coal, oil, gas, oil shale, or tar sands;''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(G) a Climate Choice Stock Index Fund as provided in paragraph (6). ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(C) The Climate Choice Stock Index Fund shall be invested in a portfolio that is designed-- ``(i) to replicate the performance of the index selected under subparagraph (A); ``(ii) such that, to the extent practicable, the percentage of the Climate Choice Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in the index selected under subparagraph (A); and ``(iii) to ensure that no investment in the portfolio is an investment with respect to a fossil fuel entity.''.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. 2. CLIMATE CHANGE ECONOMIC COST REPORT. 3. FEDERAL ADVISORY PANEL ON THE ECONOMICS OF CLIMATE CHANGE. (b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. (B) Six members shall be chosen from among persons with expertise in local, national, or transnational financing that seeks to support mitigation and adaptation actions to combat climate change. (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. (B) Quantitative and qualitative analysis and modeling of the economic impact of climate change on Federal employee retirement programs, including diversification of investments, risk tolerance, future economic and workforce trends, new opportunities, expected losses, and returns. (C) The current state of, and outlook for, clean energy, including possible investment opportunities. (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. (2) Report.--Not later than 2 years after the date of enactment of this Act, the Advisory Panel shall submit to the Board a report containing the findings of the Advisory Panel, including the results of the examinations performed under paragraph (1). (e) Consultation With FEMA.--The Advisory Panel shall, in preparing the report required under subsection (d)(2), consult with the Administrator of the Federal Emergency Management Agency on any matters within the jurisdiction of that Agency. (f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. (h) Authorization of Appropriations.--There are authorized to be appropriated not more than $2,000,000 for the Advisory Panel to comply with the requirements of the Federal Advisory Committee Act (5 U.S.C. App. ), including by ensuring that the Advisory Panel will have-- (1) adequate staff and quarters; and (2) funds available to meet the other necessary expenses of the Advisory Panel. SEC. 4. CLIMATE CHOICE STOCK INDEX FUND. (a) In General.--Section 8438 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (4) through (10) as paragraphs (7) through (13), respectively; (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively; (C) by inserting before paragraph (2), as so redesignated, the following: ``(1) the term `Climate Choice Stock Index Fund' means the Climate Choice Stock Index Fund established under subsection (b)(1)(G);''; (D) by inserting after paragraph (2), as so redesignated, the following: ``(3) the term `entity' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other business association, including any wholly owned subsidiary, majority-owned subsidiary, parent-country national, or affiliate of the business association, that exists for the purpose of making profit;''; and (E) by inserting after paragraph (5), as so redesignated, the following: ``(6) the term `fossil fuel entity' means any entity-- ``(A) with proven carbon reserves; or ``(B) that explores for, extracts, processes, refines, or transmits coal, oil, gas, oil shale, or tar sands;''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(G) a Climate Choice Stock Index Fund as provided in paragraph (6). ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(C) The Climate Choice Stock Index Fund shall be invested in a portfolio that is designed-- ``(i) to replicate the performance of the index selected under subparagraph (A); ``(ii) such that, to the extent practicable, the percentage of the Climate Choice Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in the index selected under subparagraph (A); and ``(iii) to ensure that no investment in the portfolio is an investment with respect to a fossil fuel entity.''.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. (a) Establishment.--The Federal Retirement Thrift Investment Board (referred to in this section as the ``Board'') shall establish a panel to be known as the ``Federal Advisory Panel on the Economics of Climate Change'' (referred to in this section as the ``Advisory Panel''). ( b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. ( d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. (2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( h) Authorization of Appropriations.--There are authorized to be appropriated not more than $2,000,000 for the Advisory Panel to comply with the requirements of the Federal Advisory Committee Act (5 U.S.C. App. ), ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(B) The historical performance of the index selected under subparagraph (A) shall be comparable to that of the other investment funds and options available under this subsection.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. ( d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( 2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( ), including by ensuring that the Advisory Panel will have-- (1) adequate staff and quarters; and (2) funds available to meet the other necessary expenses of the Advisory Panel. and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. b) Effective Date.--The amendments made by subsection (a) shall take effect-- (1) only if the Federal Retirement Thrift Investment Board, in the report submitted under section 3(f)(2), indicates that the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies; and (2) on the date on which the Board submits the report described in paragraph (1).

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. ( d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( 2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( ), including by ensuring that the Advisory Panel will have-- (1) adequate staff and quarters; and (2) funds available to meet the other necessary expenses of the Advisory Panel. and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. b) Effective Date.--The amendments made by subsection (a) shall take effect-- (1) only if the Federal Retirement Thrift Investment Board, in the report submitted under section 3(f)(2), indicates that the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies; and (2) on the date on which the Board submits the report described in paragraph (1).

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. (a) Establishment.--The Federal Retirement Thrift Investment Board (referred to in this section as the ``Board'') shall establish a panel to be known as the ``Federal Advisory Panel on the Economics of Climate Change'' (referred to in this section as the ``Advisory Panel''). ( b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. ( d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. (2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( h) Authorization of Appropriations.--There are authorized to be appropriated not more than $2,000,000 for the Advisory Panel to comply with the requirements of the Federal Advisory Committee Act (5 U.S.C. App. ), ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(B) The historical performance of the index selected under subparagraph (A) shall be comparable to that of the other investment funds and options available under this subsection.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. ( d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( 2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( ), including by ensuring that the Advisory Panel will have-- (1) adequate staff and quarters; and (2) funds available to meet the other necessary expenses of the Advisory Panel. and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. b) Effective Date.--The amendments made by subsection (a) shall take effect-- (1) only if the Federal Retirement Thrift Investment Board, in the report submitted under section 3(f)(2), indicates that the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies; and (2) on the date on which the Board submits the report described in paragraph (1).

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. (a) Establishment.--The Federal Retirement Thrift Investment Board (referred to in this section as the ``Board'') shall establish a panel to be known as the ``Federal Advisory Panel on the Economics of Climate Change'' (referred to in this section as the ``Advisory Panel''). ( b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. ( d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. (2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( h) Authorization of Appropriations.--There are authorized to be appropriated not more than $2,000,000 for the Advisory Panel to comply with the requirements of the Federal Advisory Committee Act (5 U.S.C. App. ), ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(B) The historical performance of the index selected under subparagraph (A) shall be comparable to that of the other investment funds and options available under this subsection.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. ( d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( 2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( ), including by ensuring that the Advisory Panel will have-- (1) adequate staff and quarters; and (2) funds available to meet the other necessary expenses of the Advisory Panel. and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. b) Effective Date.--The amendments made by subsection (a) shall take effect-- (1) only if the Federal Retirement Thrift Investment Board, in the report submitted under section 3(f)(2), indicates that the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies; and (2) on the date on which the Board submits the report described in paragraph (1).

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( ( ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( 2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( ``(B) The historical performance of the index selected under subparagraph (A) shall be comparable to that of the other investment funds and options available under this subsection.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. 2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( ), b) Effective Date.--The amendments made by subsection (a) shall take effect-- (1) only if the Federal Retirement Thrift Investment Board, in the report submitted under section 3(f)(2), indicates that the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies; and (2) on the date on which the Board submits the report described in paragraph (1).

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. ( ( ( (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. ( 2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. ( ``(B) The historical performance of the index selected under subparagraph (A) shall be comparable to that of the other investment funds and options available under this subsection.

Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021 or the RESPOND ACT of 2021 - Requires the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission (SEC) to jointly submit to Congress a report that projects and accounts for the economic costs directly and indirectly caused by the impacts of climate change, which shall include an Amends the Federal Retirement Thrift Investment Act to authorize appropriations for the Advisory Panel to comply with the requirements of the Federal Advisory Committee Act, including by ensuring that the Panel will have: (1) adequate staff and quarters; and (2) funds available to meet the other necessary expenses of the Panel. (Sec. 4) Directs the Board to report to Congress regarding its determination

H.R.5800

Government Operations and Politics

Commission on Americans Living Abroad Act of 2021 This bill establishes the Commission on Americans Living Abroad, which must report on how federal laws and policies affect U.S. citizens living abroad, including civilians and members of the Armed Forces. Each federal agency affected by a recommendation in the report shall submit a response to the President, Congress, and the commission.

To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Americans Living Abroad Act of 2021''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Commission on Americans Living Abroad'' (in this Act referred to as the ``Commission''). SEC. 3. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 10 members appointed by the President, of whom-- (1) two members shall be appointed from among individuals recommended by the Speaker of the House of Representatives; (2) two members shall be appointed from among individuals recommended by the minority leader of the House of Representatives; (3) two members shall be appointed from among individuals recommended by the majority leader of the Senate; and (4) two members shall be appointed from among individuals recommended by the minority leader of the Senate. (b) Qualifications.-- (1) Limit on officers or employees of the united states.-- Not more than 6 members shall be officers or employees of the United States. (2) Political party affiliation.--Not more than 6 members of the Commission may be of the same political party. (3) Expertise.-- (A) Officers or employees of the united states.-- Members of the Commission who are officers or employees of the United States shall be appointed from among individuals whose employment is directly related to the matters to be studied by the Commission under section 4(a)(2). (B) Other members.--Members of the Commission who are not officers or employees of the United States shall be appointed from among individuals who-- (i) have lived in a foreign country for not less than one year; (ii) are members of organizations that represent United States citizens living in foreign countries; or (iii) have other experience that is relevant to the matters to be studied by the Commission under section 4(a)(2). (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. Any vacancy in the Commission shall not affect its powers. (d) First Meeting.--Not later than 60 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson.--The President shall select a Chairperson for the Commission from among its members. SEC. 4. DUTIES. (a) Study.-- (1) In general.--The Commission shall conduct a study on how Federal laws and policies affect United States citizens living in foreign countries, including civilians and members of the Armed Forces. (2) Matters studied.--The matters studied shall include the following: (A) Federal financial reporting requirements for a United States citizen living in a foreign country, including the requirements under section 5314 of title 31, United States Code. (B) Federal policies and requirements that affect the ability of a United States citizen living in a foreign country to access foreign and domestic financial institutions, including requirements under chapter 4 of the Internal Revenue Code of 1986 (commonly known as the ``Foreign Account Tax Compliance Act'') and requirements affecting financial institutions imposed by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act) (Public Law 107-56). (C) Federal requirements for a spouse, child, or another family member of a United States citizen living in a foreign country who is not a United States citizen to become a United States citizen. (D) The ability of a United States citizen living in a foreign country to vote in Federal, State, and local elections in the United States, and the process for such a citizen to vote in such elections. (E) The processes by which a United States citizen living in a foreign country interacts with Federal programs such as Social Security and Medicare. (F) Which Federal agencies have jurisdiction over each Federal program that serves United States citizens who live in foreign countries and possible methods to improve the collaboration of and coordination between such Federal agencies. (b) Consultation With Outside Organizations.--In conducting the study under subsection (a), the Commission shall consult with organizations that represent United States citizens living in foreign countries. (c) Reports.-- (1) Initial report.--Not later than one year after the date of enactment of this Act, the Commission shall submit a report to the President, Congress, and the head of any Federal agency identified in subsection (a)(2)(F), which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative and administrative actions as it considers appropriate. (2) Update.--Not later than one year after the date on which the Commission submits the report under paragraph (1), the Commission shall submit an update to the President, Congress, and the head of any Federal agency identified in subsection (a)(2)(F), which shall describe any administrative actions taken by the head of any Federal agency pursuant to the recommendations in such report. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--Subject to section 6103 of the Internal Revenue Code of 1986, the Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any United States employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. FEDERAL AGENCY RESPONSE. Not later than 180 days after the date on which the Commission submits the report under section 4(c)(1), the head of any Federal agency that is affected by a recommendation in such report shall submit to the President, Congress, and the Commission a response to such recommendation, including any plans to take administrative action pursuant to such recommendation. SEC. 8. TERMINATION. The Commission shall terminate on the date on which it submits its update under section 4(c)(2). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $2,000,000 for each of fiscal years 2022 and 2023 to the Commission to carry out this Act, to remain available until the termination of the Commission. <all>

Commission on Americans Living Abroad Act of 2021

To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries.

Commission on Americans Living Abroad Act of 2021

Rep. Maloney, Carolyn B.

D

NY

This bill establishes the Commission on Americans Living Abroad, which must report on how federal laws and policies affect U.S. citizens living abroad, including civilians and members of the Armed Forces. Each federal agency affected by a recommendation in the report shall submit a response to the President, Congress, and the commission.

To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries. SHORT TITLE. This Act may be cited as the ``Commission on Americans Living Abroad Act of 2021''. 2. (a) Number and Appointment.--The Commission shall be composed of 10 members appointed by the President, of whom-- (1) two members shall be appointed from among individuals recommended by the Speaker of the House of Representatives; (2) two members shall be appointed from among individuals recommended by the minority leader of the House of Representatives; (3) two members shall be appointed from among individuals recommended by the majority leader of the Senate; and (4) two members shall be appointed from among individuals recommended by the minority leader of the Senate. (b) Qualifications.-- (1) Limit on officers or employees of the united states.-- Not more than 6 members shall be officers or employees of the United States. (e) Meetings.--The Commission shall meet at the call of the Chairperson. 4. DUTIES. (B) Federal policies and requirements that affect the ability of a United States citizen living in a foreign country to access foreign and domestic financial institutions, including requirements under chapter 4 of the Internal Revenue Code of 1986 (commonly known as the ``Foreign Account Tax Compliance Act'') and requirements affecting financial institutions imposed by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act) (Public Law 107-56). 5. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. COMMISSION PERSONNEL MATTERS. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any United States employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. FEDERAL AGENCY RESPONSE. Not later than 180 days after the date on which the Commission submits the report under section 4(c)(1), the head of any Federal agency that is affected by a recommendation in such report shall submit to the President, Congress, and the Commission a response to such recommendation, including any plans to take administrative action pursuant to such recommendation. TERMINATION. SEC. There is authorized to be appropriated $2,000,000 for each of fiscal years 2022 and 2023 to the Commission to carry out this Act, to remain available until the termination of the Commission.

To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries. SHORT TITLE. This Act may be cited as the ``Commission on Americans Living Abroad Act of 2021''. 2. (a) Number and Appointment.--The Commission shall be composed of 10 members appointed by the President, of whom-- (1) two members shall be appointed from among individuals recommended by the Speaker of the House of Representatives; (2) two members shall be appointed from among individuals recommended by the minority leader of the House of Representatives; (3) two members shall be appointed from among individuals recommended by the majority leader of the Senate; and (4) two members shall be appointed from among individuals recommended by the minority leader of the Senate. (b) Qualifications.-- (1) Limit on officers or employees of the united states.-- Not more than 6 members shall be officers or employees of the United States. 4. DUTIES. 5. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. COMMISSION PERSONNEL MATTERS. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. FEDERAL AGENCY RESPONSE. Not later than 180 days after the date on which the Commission submits the report under section 4(c)(1), the head of any Federal agency that is affected by a recommendation in such report shall submit to the President, Congress, and the Commission a response to such recommendation, including any plans to take administrative action pursuant to such recommendation. TERMINATION. SEC. There is authorized to be appropriated $2,000,000 for each of fiscal years 2022 and 2023 to the Commission to carry out this Act, to remain available until the termination of the Commission.

To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries. SHORT TITLE. This Act may be cited as the ``Commission on Americans Living Abroad Act of 2021''. 2. ESTABLISHMENT. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 10 members appointed by the President, of whom-- (1) two members shall be appointed from among individuals recommended by the Speaker of the House of Representatives; (2) two members shall be appointed from among individuals recommended by the minority leader of the House of Representatives; (3) two members shall be appointed from among individuals recommended by the majority leader of the Senate; and (4) two members shall be appointed from among individuals recommended by the minority leader of the Senate. (b) Qualifications.-- (1) Limit on officers or employees of the united states.-- Not more than 6 members shall be officers or employees of the United States. (2) Political party affiliation.--Not more than 6 members of the Commission may be of the same political party. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. 4. DUTIES. (B) Federal policies and requirements that affect the ability of a United States citizen living in a foreign country to access foreign and domestic financial institutions, including requirements under chapter 4 of the Internal Revenue Code of 1986 (commonly known as the ``Foreign Account Tax Compliance Act'') and requirements affecting financial institutions imposed by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act) (Public Law 107-56). (D) The ability of a United States citizen living in a foreign country to vote in Federal, State, and local elections in the United States, and the process for such a citizen to vote in such elections. (b) Consultation With Outside Organizations.--In conducting the study under subsection (a), the Commission shall consult with organizations that represent United States citizens living in foreign countries. 5. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. COMMISSION PERSONNEL MATTERS. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any United States employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. 7. FEDERAL AGENCY RESPONSE. Not later than 180 days after the date on which the Commission submits the report under section 4(c)(1), the head of any Federal agency that is affected by a recommendation in such report shall submit to the President, Congress, and the Commission a response to such recommendation, including any plans to take administrative action pursuant to such recommendation. 8. TERMINATION. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $2,000,000 for each of fiscal years 2022 and 2023 to the Commission to carry out this Act, to remain available until the termination of the Commission.

To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries. SHORT TITLE. This Act may be cited as the ``Commission on Americans Living Abroad Act of 2021''. 2. ESTABLISHMENT. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 10 members appointed by the President, of whom-- (1) two members shall be appointed from among individuals recommended by the Speaker of the House of Representatives; (2) two members shall be appointed from among individuals recommended by the minority leader of the House of Representatives; (3) two members shall be appointed from among individuals recommended by the majority leader of the Senate; and (4) two members shall be appointed from among individuals recommended by the minority leader of the Senate. (b) Qualifications.-- (1) Limit on officers or employees of the united states.-- Not more than 6 members shall be officers or employees of the United States. (2) Political party affiliation.--Not more than 6 members of the Commission may be of the same political party. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (d) First Meeting.--Not later than 60 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. 4. DUTIES. (2) Matters studied.--The matters studied shall include the following: (A) Federal financial reporting requirements for a United States citizen living in a foreign country, including the requirements under section 5314 of title 31, United States Code. (B) Federal policies and requirements that affect the ability of a United States citizen living in a foreign country to access foreign and domestic financial institutions, including requirements under chapter 4 of the Internal Revenue Code of 1986 (commonly known as the ``Foreign Account Tax Compliance Act'') and requirements affecting financial institutions imposed by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act) (Public Law 107-56). (D) The ability of a United States citizen living in a foreign country to vote in Federal, State, and local elections in the United States, and the process for such a citizen to vote in such elections. (F) Which Federal agencies have jurisdiction over each Federal program that serves United States citizens who live in foreign countries and possible methods to improve the collaboration of and coordination between such Federal agencies. (b) Consultation With Outside Organizations.--In conducting the study under subsection (a), the Commission shall consult with organizations that represent United States citizens living in foreign countries. 5. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (c) Obtaining Official Data.--Subject to section 6103 of the Internal Revenue Code of 1986, the Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. COMMISSION PERSONNEL MATTERS. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any United States employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. 7. FEDERAL AGENCY RESPONSE. Not later than 180 days after the date on which the Commission submits the report under section 4(c)(1), the head of any Federal agency that is affected by a recommendation in such report shall submit to the President, Congress, and the Commission a response to such recommendation, including any plans to take administrative action pursuant to such recommendation. 8. TERMINATION. The Commission shall terminate on the date on which it submits its update under section 4(c)(2). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $2,000,000 for each of fiscal years 2022 and 2023 to the Commission to carry out this Act, to remain available until the termination of the Commission.

To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries. b) Qualifications.-- (1) Limit on officers or employees of the united states.-- Not more than 6 members shall be officers or employees of the United States. ( (3) Expertise.-- (A) Officers or employees of the united states.-- Members of the Commission who are officers or employees of the United States shall be appointed from among individuals whose employment is directly related to the matters to be studied by the Commission under section 4(a)(2). ( c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. (a) Study.-- (1) In general.--The Commission shall conduct a study on how Federal laws and policies affect United States citizens living in foreign countries, including civilians and members of the Armed Forces. ( B) Federal policies and requirements that affect the ability of a United States citizen living in a foreign country to access foreign and domestic financial institutions, including requirements under chapter 4 of the Internal Revenue Code of 1986 (commonly known as the ``Foreign Account Tax Compliance Act'') and requirements affecting financial institutions imposed by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act) (Public Law 107-56). ( (F) Which Federal agencies have jurisdiction over each Federal program that serves United States citizens who live in foreign countries and possible methods to improve the collaboration of and coordination between such Federal agencies. ( c) Reports.-- (1) Initial report.--Not later than one year after the date of enactment of this Act, the Commission shall submit a report to the President, Congress, and the head of any Federal agency identified in subsection (a)(2)(F), which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative and administrative actions as it considers appropriate. ( (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. ( c) Obtaining Official Data.--Subject to section 6103 of the Internal Revenue Code of 1986, the Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ( 2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. Not later than 180 days after the date on which the Commission submits the report under section 4(c)(1), the head of any Federal agency that is affected by a recommendation in such report shall submit to the President, Congress, and the Commission a response to such recommendation, including any plans to take administrative action pursuant to such recommendation.

To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries. 3) Expertise.-- (A) Officers or employees of the united states.-- Members of the Commission who are officers or employees of the United States shall be appointed from among individuals whose employment is directly related to the matters to be studied by the Commission under section 4(a)(2). ( Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. g) Chairperson.--The President shall select a Chairperson for the Commission from among its members. 2) Matters studied.--The matters studied shall include the following: (A) Federal financial reporting requirements for a United States citizen living in a foreign country, including the requirements under section 5314 of title 31, United States Code. ( (F) Which Federal agencies have jurisdiction over each Federal program that serves United States citizens who live in foreign countries and possible methods to improve the collaboration of and coordination between such Federal agencies. ( c) Reports.-- (1) Initial report.--Not later than one year after the date of enactment of this Act, the Commission shall submit a report to the President, Congress, and the head of any Federal agency identified in subsection (a)(2)(F), which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative and administrative actions as it considers appropriate. ( b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. ( (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. Not later than 180 days after the date on which the Commission submits the report under section 4(c)(1), the head of any Federal agency that is affected by a recommendation in such report shall submit to the President, Congress, and the Commission a response to such recommendation, including any plans to take administrative action pursuant to such recommendation.

To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries. 3) Expertise.-- (A) Officers or employees of the united states.-- Members of the Commission who are officers or employees of the United States shall be appointed from among individuals whose employment is directly related to the matters to be studied by the Commission under section 4(a)(2). ( Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. g) Chairperson.--The President shall select a Chairperson for the Commission from among its members. 2) Matters studied.--The matters studied shall include the following: (A) Federal financial reporting requirements for a United States citizen living in a foreign country, including the requirements under section 5314 of title 31, United States Code. ( (F) Which Federal agencies have jurisdiction over each Federal program that serves United States citizens who live in foreign countries and possible methods to improve the collaboration of and coordination between such Federal agencies. ( c) Reports.-- (1) Initial report.--Not later than one year after the date of enactment of this Act, the Commission shall submit a report to the President, Congress, and the head of any Federal agency identified in subsection (a)(2)(F), which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative and administrative actions as it considers appropriate. ( b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. ( (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. Not later than 180 days after the date on which the Commission submits the report under section 4(c)(1), the head of any Federal agency that is affected by a recommendation in such report shall submit to the President, Congress, and the Commission a response to such recommendation, including any plans to take administrative action pursuant to such recommendation.

To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries. b) Qualifications.-- (1) Limit on officers or employees of the united states.-- Not more than 6 members shall be officers or employees of the United States. ( (3) Expertise.-- (A) Officers or employees of the united states.-- Members of the Commission who are officers or employees of the United States shall be appointed from among individuals whose employment is directly related to the matters to be studied by the Commission under section 4(a)(2). ( c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. (a) Study.-- (1) In general.--The Commission shall conduct a study on how Federal laws and policies affect United States citizens living in foreign countries, including civilians and members of the Armed Forces. ( B) Federal policies and requirements that affect the ability of a United States citizen living in a foreign country to access foreign and domestic financial institutions, including requirements under chapter 4 of the Internal Revenue Code of 1986 (commonly known as the ``Foreign Account Tax Compliance Act'') and requirements affecting financial institutions imposed by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act) (Public Law 107-56). ( (F) Which Federal agencies have jurisdiction over each Federal program that serves United States citizens who live in foreign countries and possible methods to improve the collaboration of and coordination between such Federal agencies. ( c) Reports.-- (1) Initial report.--Not later than one year after the date of enactment of this Act, the Commission shall submit a report to the President, Congress, and the head of any Federal agency identified in subsection (a)(2)(F), which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative and administrative actions as it considers appropriate. ( (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. ( c) Obtaining Official Data.--Subject to section 6103 of the Internal Revenue Code of 1986, the Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ( 2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. Not later than 180 days after the date on which the Commission submits the report under section 4(c)(1), the head of any Federal agency that is affected by a recommendation in such report shall submit to the President, Congress, and the Commission a response to such recommendation, including any plans to take administrative action pursuant to such recommendation.

To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries. 3) Expertise.-- (A) Officers or employees of the united states.-- Members of the Commission who are officers or employees of the United States shall be appointed from among individuals whose employment is directly related to the matters to be studied by the Commission under section 4(a)(2). ( Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. g) Chairperson.--The President shall select a Chairperson for the Commission from among its members. 2) Matters studied.--The matters studied shall include the following: (A) Federal financial reporting requirements for a United States citizen living in a foreign country, including the requirements under section 5314 of title 31, United States Code. ( (F) Which Federal agencies have jurisdiction over each Federal program that serves United States citizens who live in foreign countries and possible methods to improve the collaboration of and coordination between such Federal agencies. ( c) Reports.-- (1) Initial report.--Not later than one year after the date of enactment of this Act, the Commission shall submit a report to the President, Congress, and the head of any Federal agency identified in subsection (a)(2)(F), which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative and administrative actions as it considers appropriate. ( b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. ( (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. Not later than 180 days after the date on which the Commission submits the report under section 4(c)(1), the head of any Federal agency that is affected by a recommendation in such report shall submit to the President, Congress, and the Commission a response to such recommendation, including any plans to take administrative action pursuant to such recommendation.

To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries. b) Qualifications.-- (1) Limit on officers or employees of the united states.-- Not more than 6 members shall be officers or employees of the United States. ( (3) Expertise.-- (A) Officers or employees of the united states.-- Members of the Commission who are officers or employees of the United States shall be appointed from among individuals whose employment is directly related to the matters to be studied by the Commission under section 4(a)(2). ( c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. (a) Study.-- (1) In general.--The Commission shall conduct a study on how Federal laws and policies affect United States citizens living in foreign countries, including civilians and members of the Armed Forces. ( B) Federal policies and requirements that affect the ability of a United States citizen living in a foreign country to access foreign and domestic financial institutions, including requirements under chapter 4 of the Internal Revenue Code of 1986 (commonly known as the ``Foreign Account Tax Compliance Act'') and requirements affecting financial institutions imposed by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act) (Public Law 107-56). ( (F) Which Federal agencies have jurisdiction over each Federal program that serves United States citizens who live in foreign countries and possible methods to improve the collaboration of and coordination between such Federal agencies. ( c) Reports.-- (1) Initial report.--Not later than one year after the date of enactment of this Act, the Commission shall submit a report to the President, Congress, and the head of any Federal agency identified in subsection (a)(2)(F), which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative and administrative actions as it considers appropriate. ( (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. ( c) Obtaining Official Data.--Subject to section 6103 of the Internal Revenue Code of 1986, the Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ( 2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ( (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. Not later than 180 days after the date on which the Commission submits the report under section 4(c)(1), the head of any Federal agency that is affected by a recommendation in such report shall submit to the President, Congress, and the Commission a response to such recommendation, including any plans to take administrative action pursuant to such recommendation.

To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries. 3) Expertise.-- (A) Officers or employees of the united states.-- Members of the Commission who are officers or employees of the United States shall be appointed from among individuals whose employment is directly related to the matters to be studied by the Commission under section 4(a)(2). ( b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ( ( e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries. 3) Expertise.-- (A) Officers or employees of the united states.-- Members of the Commission who are officers or employees of the United States shall be appointed from among individuals whose employment is directly related to the matters to be studied by the Commission under section 4(a)(2). ( ( (F) Which Federal agencies have jurisdiction over each Federal program that serves United States citizens who live in foreign countries and possible methods to improve the collaboration of and coordination between such Federal agencies. ( c) Obtaining Official Data.--Subject to section 6103 of the Internal Revenue Code of 1986, the Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. ( ( 2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ( ( e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries. 3) Expertise.-- (A) Officers or employees of the united states.-- Members of the Commission who are officers or employees of the United States shall be appointed from among individuals whose employment is directly related to the matters to be studied by the Commission under section 4(a)(2). ( b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ( ( e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries. 3) Expertise.-- (A) Officers or employees of the united states.-- Members of the Commission who are officers or employees of the United States shall be appointed from among individuals whose employment is directly related to the matters to be studied by the Commission under section 4(a)(2). ( ( (F) Which Federal agencies have jurisdiction over each Federal program that serves United States citizens who live in foreign countries and possible methods to improve the collaboration of and coordination between such Federal agencies. ( c) Obtaining Official Data.--Subject to section 6103 of the Internal Revenue Code of 1986, the Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. ( ( 2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ( ( e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

Commission on Americans Living Abroad Act of 2021 - Establishes the Commission on Americans living Abroad to study how federal laws and policies affect U.S. citizens living in foreign countries. Directs the Commission to report to Congress on: (1) the extent to which federal laws affect the ability of a U. S. citizen living in a foreign country to access foreign and domestic Authorizes the Chairperson of the Federal Trade Commission (FTC) to appoint and terminate an executive director and such other additional personnel as may be necessary to enable the FTC to perform its duties. (Sec. 6) Authorizes the Commission to use the U.S. mails in the same manner and under the same conditions as other departments and agencies of the United States. (

H.R.3943

Education

Modernizing Financing of Early Care and Education in America Act of 2021 This bill establishes the Bipartisan Commission on Early Childhood Education Financing to submit recommendations to Congress on how to modernize federal financing of early care and education programs to streamline and reduce duplicate funding streams.

To establish a commission to make recommendations for modernizing Federal financing of early care and education 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 ``Modernizing Financing of Early Care and Education in America Act of 2021''. SEC. 2. MODERNIZING FINANCING OF EARLY CARE AND EDUCATION IN AMERICA. (a) Purpose and Objectives.--The purpose of this section is to establish a commission to make recommendations for modernizing Federal financing of early care and education programs in order to promote-- (1) access to high quality child care and early education settings that support healthy development and well-being of young children; (2) affordability of high quality early learning and education opportunities for children living in poverty and in disadvantaged communities; (3) parent choice and flexibility that respects the role parents play in choosing child care that is best suited to fit their child's needs; and (4) a more streamlined, equitable, and sustainable Federal financing framework to support the success of future generations. (b) Bipartisan Commission on Early Childhood Education Financing.-- (1) Establishment.--There is established a commission to be known as the Bipartisan Commission on Early Childhood Education Financing (in this subsection referred to as the ``Commission''). (2) Membership.-- (A) Qualifications.--The Commission members shall be knowledgeable in federally and state-funded early care and education programs, including individuals representing State and local governments and organizations knowledgeable in public regulatory and funding mechanisms for early care and education programs, and shall be balanced by area of expertise and balanced geographically to the extent consistent with maintaining the highest level of expertise on the Commission. (B) Number; appointment.--The Commission shall be composed of 12 members appointed, within 90 days after the effective date of this Act, from among individuals who meet the requirements of subparagraph (A), as follows: (i) 1 member shall be appointed by the Majority Leader of the Senate. (ii) 1 member shall be appointed by the Minority Leader of the Senate. (iii) 1 member shall be appointed by the Speaker of the House of Representatives. (iv) 1 member shall be appointed by the Minority Leader of the House of Representatives. (v) 1 member shall be appointed by the Chairman of the Committee on Finance of the Senate. (vi) 1 member shall be appointed by the ranking minority member of the Committee on Finance of the Senate. (vii) 1 member shall be appointed by the Chairman of the Committee on Ways and Means of the House of Representatives. (viii) 1 member shall be appointed by the ranking minority member of the Committee on Ways and Means of the House of Representatives. (ix) 1 member shall be appointed by the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate. (x) 1 member shall be appointed by the ranking minority member of the Committee on Health, Education, Labor, and Pensions of the Senate. (xi) 1 member shall be appointed by the Chairman of the Committee on Education and Labor of the House of Representatives. (xii) 1 member shall be appointed by the ranking minority member of the Committee on Education and Labor of the House of Representatives. (C) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the vacating member was appointed. (3) Powers.--In carrying out the functions of the Commission under this subsection, the Commission-- (A) may secure directly from any Federal agency or department any information the Commission deems necessary to carry out the functions, and, on the request of the Commission, each such agency or department may cooperate with the Commission and, to the extent permitted by law, furnish the information to the Commission; and (B) may enter into contracts, subject to the availability of appropriations, and employ such staff experts and consultants as may be necessary to carry out the duties of the Commission, subject to section 3109 of title 5, United States Code. (4) Staff.--The Commission may, without regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary for the Commission to perform the duties of the Commission. The Executive Director shall be compensated at a rate not to exceed the rate payable for Level V of the Executive Schedule under section 5136 of title 5, United States Code. The employment and termination of an Executive Director shall be subject to confirmation by a majority of the members of the Commission. (5) Meetings.-- (A) In general.--All meetings of the Commission shall be open to the public. The Commission shall permit interested persons to appear at Commission meetings and present oral or written statements on the subject matter of the meeting. (B) Advance public notice.--The Commission shall provide timely notice, in advance, in the Federal Register, of the time, place, and subject of each Commission meeting. (C) Documentation.--The Commission shall keep minutes of each Commission meeting, which shall contain a record of the people present, a description of the discussion that occurred, and copies of all statements filed. Subject to section 552 of title 5, United States Code, the minutes and records of all meetings and other documents that were made available to, or prepared for, the Commission shall be available for public inspection and copying at a single location in the offices of the Commission. (D) Initial meeting.--The Commission shall hold its first meeting within 30 days after all Commission members are appointed. (6) Report.-- (A) In general.--Within 18 months after the date of the enactment of this subsection, the Commission shall prepare a report of its findings and recommendations regarding modernizing Federal financing of early care and education programs to streamline and reduce duplicate funding streams. (B) Contents.--The report required by subparagraph (A) shall include the following: (i) An inventory and accounting of the total amount of Federal funds available for early care and education programs, including-- (I) programs under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); (II) the child care stabilization grant program under section 2202 of the American Rescue Plan Act of 2021 (42 U.S.C. 9858 note); (III) the child care entitlement program under section 418 of the Social Security Act (42 U.S.C. 618); (IV) programs under the Head Start Act (42 U.S.C. 9801 et seq.); (V) the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601-619); (VI) the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act (42 U.S.C. 9831 note); (VII) the Child Care Access Means Parents in School program under section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e); and (VIII) and any other early care or education program identified by the Commission. (ii) A comprehensive review and assessment of the funding structure and allocation formula used to finance each program referred to in clause (i), including a bifurcation of programs indicating whether Federal funds are provided directly to States or to other grantees, and how that affects the coordination of programs at the State and local levels and the delivery of services to families. (iii) A description of congressional jurisdiction over, and Federal agency administration of, each such program. (iv) An explanation of how each such program interacts with State and local public funding and financing for early care and education, including publicly-funded pre- kindergarten, which shall include an accounting of the total amount of State and local funds available for such purposes. (v) An identification of barriers in the governance and funding structures of programs that limit the most efficient use of local, State, and Federal resources. (C) Matters required to be addressed in the report to the congress.--In the report to the Congress, the Commission shall make specific recommendations, including delineation of specific statutory and regulatory changes, to address each of the following: (i) How to modernize and more effectively use Federal funds to strengthen the delivery of child care and early education, and improve the financing framework and governance structure at the Federal level to improve access for families and accountability for taxpayer dollars. (ii) The pros and cons of streamlining or combining Federal programs and funding streams in order to improve the overall participation of children in a mixed delivery system, while maintaining availability of high quality services, expanding parental choice, and enhancing access for children from low-income communities. (iii) Options for Federal alternative financing framework or governance models that better leverage the Federal investment in child care and early education funding, including ideas that are outside the current framework or that re-envision existing programs. (iv) Options for expanding the use of public and private partnerships to help maximize the Federal investment in early care and education. (D) Distribution.--The Commission shall make the report publicly available, and shall submit a copy of the report to the Chairman and ranking minority member of each of the Committees on Finance and on Health, Education, Labor, and Pensions of the Senate, and the Committees on Ways and Means and on Education and Labor of the House of Representatives, and to the President. (7) Termination.--The Commission shall terminate 60 days after the Commission submits the report required by paragraph (6). <all>

Modernizing Financing of Early Care and Education in America Act of 2021

To establish a commission to make recommendations for modernizing Federal financing of early care and education programs.

Modernizing Financing of Early Care and Education in America Act of 2021

Rep. Owens, Burgess

R

UT

This bill establishes the Bipartisan Commission on Early Childhood Education Financing to submit recommendations to Congress on how to modernize federal financing of early care and education programs to streamline and reduce duplicate funding streams.

SHORT TITLE. SEC. 2. MODERNIZING FINANCING OF EARLY CARE AND EDUCATION IN AMERICA. (B) Number; appointment.--The Commission shall be composed of 12 members appointed, within 90 days after the effective date of this Act, from among individuals who meet the requirements of subparagraph (A), as follows: (i) 1 member shall be appointed by the Majority Leader of the Senate. (ii) 1 member shall be appointed by the Minority Leader of the Senate. (vii) 1 member shall be appointed by the Chairman of the Committee on Ways and Means of the House of Representatives. (4) Staff.--The Commission may, without regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary for the Commission to perform the duties of the Commission. (5) Meetings.-- (A) In general.--All meetings of the Commission shall be open to the public. (B) Advance public notice.--The Commission shall provide timely notice, in advance, in the Federal Register, of the time, place, and subject of each Commission meeting. 9858 note); (III) the child care entitlement program under section 418 of the Social Security Act (42 U.S.C. 9801 et seq. 601-619); (VI) the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act (42 U.S.C. 1070e); and (VIII) and any other early care or education program identified by the Commission. (iii) A description of congressional jurisdiction over, and Federal agency administration of, each such program. (v) An identification of barriers in the governance and funding structures of programs that limit the most efficient use of local, State, and Federal resources. (C) Matters required to be addressed in the report to the congress.--In the report to the Congress, the Commission shall make specific recommendations, including delineation of specific statutory and regulatory changes, to address each of the following: (i) How to modernize and more effectively use Federal funds to strengthen the delivery of child care and early education, and improve the financing framework and governance structure at the Federal level to improve access for families and accountability for taxpayer dollars. (ii) The pros and cons of streamlining or combining Federal programs and funding streams in order to improve the overall participation of children in a mixed delivery system, while maintaining availability of high quality services, expanding parental choice, and enhancing access for children from low-income communities. (iv) Options for expanding the use of public and private partnerships to help maximize the Federal investment in early care and education. (D) Distribution.--The Commission shall make the report publicly available, and shall submit a copy of the report to the Chairman and ranking minority member of each of the Committees on Finance and on Health, Education, Labor, and Pensions of the Senate, and the Committees on Ways and Means and on Education and Labor of the House of Representatives, and to the President.

SHORT TITLE. 2. MODERNIZING FINANCING OF EARLY CARE AND EDUCATION IN AMERICA. (ii) 1 member shall be appointed by the Minority Leader of the Senate. (vii) 1 member shall be appointed by the Chairman of the Committee on Ways and Means of the House of Representatives. (4) Staff.--The Commission may, without regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary for the Commission to perform the duties of the Commission. (5) Meetings.-- (A) In general.--All meetings of the Commission shall be open to the public. (B) Advance public notice.--The Commission shall provide timely notice, in advance, in the Federal Register, of the time, place, and subject of each Commission meeting. 9858 note); (III) the child care entitlement program under section 418 of the Social Security Act (42 U.S.C. 9801 et seq. 1070e); and (VIII) and any other early care or education program identified by the Commission. (v) An identification of barriers in the governance and funding structures of programs that limit the most efficient use of local, State, and Federal resources. (C) Matters required to be addressed in the report to the congress.--In the report to the Congress, the Commission shall make specific recommendations, including delineation of specific statutory and regulatory changes, to address each of the following: (i) How to modernize and more effectively use Federal funds to strengthen the delivery of child care and early education, and improve the financing framework and governance structure at the Federal level to improve access for families and accountability for taxpayer dollars. (iv) Options for expanding the use of public and private partnerships to help maximize the Federal investment in early care and education. (D) Distribution.--The Commission shall make the report publicly available, and shall submit a copy of the report to the Chairman and ranking minority member of each of the Committees on Finance and on Health, Education, Labor, and Pensions of the Senate, and the Committees on Ways and Means and on Education and Labor of the House of Representatives, and to the President.

SHORT TITLE. SEC. 2. MODERNIZING FINANCING OF EARLY CARE AND EDUCATION IN AMERICA. (b) Bipartisan Commission on Early Childhood Education Financing.-- (1) Establishment.--There is established a commission to be known as the Bipartisan Commission on Early Childhood Education Financing (in this subsection referred to as the ``Commission''). (B) Number; appointment.--The Commission shall be composed of 12 members appointed, within 90 days after the effective date of this Act, from among individuals who meet the requirements of subparagraph (A), as follows: (i) 1 member shall be appointed by the Majority Leader of the Senate. (ii) 1 member shall be appointed by the Minority Leader of the Senate. (vii) 1 member shall be appointed by the Chairman of the Committee on Ways and Means of the House of Representatives. (C) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the vacating member was appointed. (3) Powers.--In carrying out the functions of the Commission under this subsection, the Commission-- (A) may secure directly from any Federal agency or department any information the Commission deems necessary to carry out the functions, and, on the request of the Commission, each such agency or department may cooperate with the Commission and, to the extent permitted by law, furnish the information to the Commission; and (B) may enter into contracts, subject to the availability of appropriations, and employ such staff experts and consultants as may be necessary to carry out the duties of the Commission, subject to section 3109 of title 5, United States Code. (4) Staff.--The Commission may, without regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary for the Commission to perform the duties of the Commission. The Executive Director shall be compensated at a rate not to exceed the rate payable for Level V of the Executive Schedule under section 5136 of title 5, United States Code. (5) Meetings.-- (A) In general.--All meetings of the Commission shall be open to the public. (B) Advance public notice.--The Commission shall provide timely notice, in advance, in the Federal Register, of the time, place, and subject of each Commission meeting. (C) Documentation.--The Commission shall keep minutes of each Commission meeting, which shall contain a record of the people present, a description of the discussion that occurred, and copies of all statements filed. 9858 note); (III) the child care entitlement program under section 418 of the Social Security Act (42 U.S.C. 9801 et seq. 601-619); (VI) the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act (42 U.S.C. 1070e); and (VIII) and any other early care or education program identified by the Commission. (iii) A description of congressional jurisdiction over, and Federal agency administration of, each such program. (v) An identification of barriers in the governance and funding structures of programs that limit the most efficient use of local, State, and Federal resources. (C) Matters required to be addressed in the report to the congress.--In the report to the Congress, the Commission shall make specific recommendations, including delineation of specific statutory and regulatory changes, to address each of the following: (i) How to modernize and more effectively use Federal funds to strengthen the delivery of child care and early education, and improve the financing framework and governance structure at the Federal level to improve access for families and accountability for taxpayer dollars. (ii) The pros and cons of streamlining or combining Federal programs and funding streams in order to improve the overall participation of children in a mixed delivery system, while maintaining availability of high quality services, expanding parental choice, and enhancing access for children from low-income communities. (iv) Options for expanding the use of public and private partnerships to help maximize the Federal investment in early care and education. (D) Distribution.--The Commission shall make the report publicly available, and shall submit a copy of the report to the Chairman and ranking minority member of each of the Committees on Finance and on Health, Education, Labor, and Pensions of the Senate, and the Committees on Ways and Means and on Education and Labor of the House of Representatives, and to the President.

SHORT TITLE. SEC. 2. MODERNIZING FINANCING OF EARLY CARE AND EDUCATION IN AMERICA. (a) Purpose and Objectives.--The purpose of this section is to establish a commission to make recommendations for modernizing Federal financing of early care and education programs in order to promote-- (1) access to high quality child care and early education settings that support healthy development and well-being of young children; (2) affordability of high quality early learning and education opportunities for children living in poverty and in disadvantaged communities; (3) parent choice and flexibility that respects the role parents play in choosing child care that is best suited to fit their child's needs; and (4) a more streamlined, equitable, and sustainable Federal financing framework to support the success of future generations. (b) Bipartisan Commission on Early Childhood Education Financing.-- (1) Establishment.--There is established a commission to be known as the Bipartisan Commission on Early Childhood Education Financing (in this subsection referred to as the ``Commission''). (2) Membership.-- (A) Qualifications.--The Commission members shall be knowledgeable in federally and state-funded early care and education programs, including individuals representing State and local governments and organizations knowledgeable in public regulatory and funding mechanisms for early care and education programs, and shall be balanced by area of expertise and balanced geographically to the extent consistent with maintaining the highest level of expertise on the Commission. (B) Number; appointment.--The Commission shall be composed of 12 members appointed, within 90 days after the effective date of this Act, from among individuals who meet the requirements of subparagraph (A), as follows: (i) 1 member shall be appointed by the Majority Leader of the Senate. (ii) 1 member shall be appointed by the Minority Leader of the Senate. (vii) 1 member shall be appointed by the Chairman of the Committee on Ways and Means of the House of Representatives. (C) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the vacating member was appointed. (3) Powers.--In carrying out the functions of the Commission under this subsection, the Commission-- (A) may secure directly from any Federal agency or department any information the Commission deems necessary to carry out the functions, and, on the request of the Commission, each such agency or department may cooperate with the Commission and, to the extent permitted by law, furnish the information to the Commission; and (B) may enter into contracts, subject to the availability of appropriations, and employ such staff experts and consultants as may be necessary to carry out the duties of the Commission, subject to section 3109 of title 5, United States Code. (4) Staff.--The Commission may, without regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary for the Commission to perform the duties of the Commission. The Executive Director shall be compensated at a rate not to exceed the rate payable for Level V of the Executive Schedule under section 5136 of title 5, United States Code. (5) Meetings.-- (A) In general.--All meetings of the Commission shall be open to the public. (B) Advance public notice.--The Commission shall provide timely notice, in advance, in the Federal Register, of the time, place, and subject of each Commission meeting. (C) Documentation.--The Commission shall keep minutes of each Commission meeting, which shall contain a record of the people present, a description of the discussion that occurred, and copies of all statements filed. ); (II) the child care stabilization grant program under section 2202 of the American Rescue Plan Act of 2021 (42 U.S.C. 9858 note); (III) the child care entitlement program under section 418 of the Social Security Act (42 U.S.C. 9801 et seq. 601-619); (VI) the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act (42 U.S.C. 1070e); and (VIII) and any other early care or education program identified by the Commission. (iii) A description of congressional jurisdiction over, and Federal agency administration of, each such program. (iv) An explanation of how each such program interacts with State and local public funding and financing for early care and education, including publicly-funded pre- kindergarten, which shall include an accounting of the total amount of State and local funds available for such purposes. (v) An identification of barriers in the governance and funding structures of programs that limit the most efficient use of local, State, and Federal resources. (C) Matters required to be addressed in the report to the congress.--In the report to the Congress, the Commission shall make specific recommendations, including delineation of specific statutory and regulatory changes, to address each of the following: (i) How to modernize and more effectively use Federal funds to strengthen the delivery of child care and early education, and improve the financing framework and governance structure at the Federal level to improve access for families and accountability for taxpayer dollars. (ii) The pros and cons of streamlining or combining Federal programs and funding streams in order to improve the overall participation of children in a mixed delivery system, while maintaining availability of high quality services, expanding parental choice, and enhancing access for children from low-income communities. (iv) Options for expanding the use of public and private partnerships to help maximize the Federal investment in early care and education. (D) Distribution.--The Commission shall make the report publicly available, and shall submit a copy of the report to the Chairman and ranking minority member of each of the Committees on Finance and on Health, Education, Labor, and Pensions of the Senate, and the Committees on Ways and Means and on Education and Labor of the House of Representatives, and to the President. (7) Termination.--The Commission shall terminate 60 days after the Commission submits the report required by paragraph (6).

To establish a commission to make recommendations for modernizing Federal financing of early care and education programs. This Act may be cited as the ``Modernizing Financing of Early Care and Education in America Act of 2021''. (2) Membership.-- (A) Qualifications.--The Commission members shall be knowledgeable in federally and state-funded early care and education programs, including individuals representing State and local governments and organizations knowledgeable in public regulatory and funding mechanisms for early care and education programs, and shall be balanced by area of expertise and balanced geographically to the extent consistent with maintaining the highest level of expertise on the Commission. ( v) 1 member shall be appointed by the Chairman of the Committee on Finance of the Senate. ( (ix) 1 member shall be appointed by the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate. ( xii) 1 member shall be appointed by the ranking minority member of the Committee on Education and Labor of the House of Representatives. ( (4) Staff.--The Commission may, without regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary for the Commission to perform the duties of the Commission. C) Documentation.--The Commission shall keep minutes of each Commission meeting, which shall contain a record of the people present, a description of the discussion that occurred, and copies of all statements filed. (D) Initial meeting.--The Commission shall hold its first meeting within 30 days after all Commission members are appointed. ( V) the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601-619); (VI) the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act (42 U.S.C. 9831 note); (VII) the Child Care Access Means Parents in School program under section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e); and (VIII) and any other early care or education program identified by the Commission. ( ii) A comprehensive review and assessment of the funding structure and allocation formula used to finance each program referred to in clause (i), including a bifurcation of programs indicating whether Federal funds are provided directly to States or to other grantees, and how that affects the coordination of programs at the State and local levels and the delivery of services to families. ( (ii) The pros and cons of streamlining or combining Federal programs and funding streams in order to improve the overall participation of children in a mixed delivery system, while maintaining availability of high quality services, expanding parental choice, and enhancing access for children from low-income communities. ( 7) Termination.--The Commission shall terminate 60 days after the Commission submits the report required by paragraph (6).

To establish a commission to make recommendations for modernizing Federal financing of early care and education programs. iii) 1 member shall be appointed by the Speaker of the House of Representatives. ( (v) 1 member shall be appointed by the Chairman of the Committee on Finance of the Senate. ( vii) 1 member shall be appointed by the Chairman of the Committee on Ways and Means of the House of Representatives. ( ix) 1 member shall be appointed by the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate. ( The employment and termination of an Executive Director shall be subject to confirmation by a majority of the members of the Commission. ( B) Advance public notice.--The Commission shall provide timely notice, in advance, in the Federal Register, of the time, place, and subject of each Commission meeting. ( 6) Report.-- (A) In general.--Within 18 months after the date of the enactment of this subsection, the Commission shall prepare a report of its findings and recommendations regarding modernizing Federal financing of early care and education programs to streamline and reduce duplicate funding streams. ( 601-619); (VI) the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act (42 U.S.C. 9831 note); (VII) the Child Care Access Means Parents in School program under section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e); and (VIII) and any other early care or education program identified by the Commission. ( C) Matters required to be addressed in the report to the congress.--In the report to the Congress, the Commission shall make specific recommendations, including delineation of specific statutory and regulatory changes, to address each of the following: (i) How to modernize and more effectively use Federal funds to strengthen the delivery of child care and early education, and improve the financing framework and governance structure at the Federal level to improve access for families and accountability for taxpayer dollars. ( (iv) Options for expanding the use of public and private partnerships to help maximize the Federal investment in early care and education. ( 7) Termination.--The Commission shall terminate 60 days after the Commission submits the report required by paragraph (6).

To establish a commission to make recommendations for modernizing Federal financing of early care and education programs. iii) 1 member shall be appointed by the Speaker of the House of Representatives. ( (v) 1 member shall be appointed by the Chairman of the Committee on Finance of the Senate. ( vii) 1 member shall be appointed by the Chairman of the Committee on Ways and Means of the House of Representatives. ( ix) 1 member shall be appointed by the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate. ( The employment and termination of an Executive Director shall be subject to confirmation by a majority of the members of the Commission. ( B) Advance public notice.--The Commission shall provide timely notice, in advance, in the Federal Register, of the time, place, and subject of each Commission meeting. ( 6) Report.-- (A) In general.--Within 18 months after the date of the enactment of this subsection, the Commission shall prepare a report of its findings and recommendations regarding modernizing Federal financing of early care and education programs to streamline and reduce duplicate funding streams. ( 601-619); (VI) the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act (42 U.S.C. 9831 note); (VII) the Child Care Access Means Parents in School program under section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e); and (VIII) and any other early care or education program identified by the Commission. ( C) Matters required to be addressed in the report to the congress.--In the report to the Congress, the Commission shall make specific recommendations, including delineation of specific statutory and regulatory changes, to address each of the following: (i) How to modernize and more effectively use Federal funds to strengthen the delivery of child care and early education, and improve the financing framework and governance structure at the Federal level to improve access for families and accountability for taxpayer dollars. ( (iv) Options for expanding the use of public and private partnerships to help maximize the Federal investment in early care and education. ( 7) Termination.--The Commission shall terminate 60 days after the Commission submits the report required by paragraph (6).

To establish a commission to make recommendations for modernizing Federal financing of early care and education programs. This Act may be cited as the ``Modernizing Financing of Early Care and Education in America Act of 2021''. (2) Membership.-- (A) Qualifications.--The Commission members shall be knowledgeable in federally and state-funded early care and education programs, including individuals representing State and local governments and organizations knowledgeable in public regulatory and funding mechanisms for early care and education programs, and shall be balanced by area of expertise and balanced geographically to the extent consistent with maintaining the highest level of expertise on the Commission. ( v) 1 member shall be appointed by the Chairman of the Committee on Finance of the Senate. ( (ix) 1 member shall be appointed by the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate. ( xii) 1 member shall be appointed by the ranking minority member of the Committee on Education and Labor of the House of Representatives. ( (4) Staff.--The Commission may, without regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary for the Commission to perform the duties of the Commission. C) Documentation.--The Commission shall keep minutes of each Commission meeting, which shall contain a record of the people present, a description of the discussion that occurred, and copies of all statements filed. (D) Initial meeting.--The Commission shall hold its first meeting within 30 days after all Commission members are appointed. ( V) the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601-619); (VI) the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act (42 U.S.C. 9831 note); (VII) the Child Care Access Means Parents in School program under section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e); and (VIII) and any other early care or education program identified by the Commission. ( ii) A comprehensive review and assessment of the funding structure and allocation formula used to finance each program referred to in clause (i), including a bifurcation of programs indicating whether Federal funds are provided directly to States or to other grantees, and how that affects the coordination of programs at the State and local levels and the delivery of services to families. ( (ii) The pros and cons of streamlining or combining Federal programs and funding streams in order to improve the overall participation of children in a mixed delivery system, while maintaining availability of high quality services, expanding parental choice, and enhancing access for children from low-income communities. ( 7) Termination.--The Commission shall terminate 60 days after the Commission submits the report required by paragraph (6).

To establish a commission to make recommendations for modernizing Federal financing of early care and education programs. iii) 1 member shall be appointed by the Speaker of the House of Representatives. ( (v) 1 member shall be appointed by the Chairman of the Committee on Finance of the Senate. ( vii) 1 member shall be appointed by the Chairman of the Committee on Ways and Means of the House of Representatives. ( ix) 1 member shall be appointed by the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate. ( The employment and termination of an Executive Director shall be subject to confirmation by a majority of the members of the Commission. ( B) Advance public notice.--The Commission shall provide timely notice, in advance, in the Federal Register, of the time, place, and subject of each Commission meeting. ( 6) Report.-- (A) In general.--Within 18 months after the date of the enactment of this subsection, the Commission shall prepare a report of its findings and recommendations regarding modernizing Federal financing of early care and education programs to streamline and reduce duplicate funding streams. ( 601-619); (VI) the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act (42 U.S.C. 9831 note); (VII) the Child Care Access Means Parents in School program under section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e); and (VIII) and any other early care or education program identified by the Commission. ( C) Matters required to be addressed in the report to the congress.--In the report to the Congress, the Commission shall make specific recommendations, including delineation of specific statutory and regulatory changes, to address each of the following: (i) How to modernize and more effectively use Federal funds to strengthen the delivery of child care and early education, and improve the financing framework and governance structure at the Federal level to improve access for families and accountability for taxpayer dollars. ( (iv) Options for expanding the use of public and private partnerships to help maximize the Federal investment in early care and education. ( 7) Termination.--The Commission shall terminate 60 days after the Commission submits the report required by paragraph (6).

To establish a commission to make recommendations for modernizing Federal financing of early care and education programs. This Act may be cited as the ``Modernizing Financing of Early Care and Education in America Act of 2021''. (2) Membership.-- (A) Qualifications.--The Commission members shall be knowledgeable in federally and state-funded early care and education programs, including individuals representing State and local governments and organizations knowledgeable in public regulatory and funding mechanisms for early care and education programs, and shall be balanced by area of expertise and balanced geographically to the extent consistent with maintaining the highest level of expertise on the Commission. ( v) 1 member shall be appointed by the Chairman of the Committee on Finance of the Senate. ( (ix) 1 member shall be appointed by the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate. ( xii) 1 member shall be appointed by the ranking minority member of the Committee on Education and Labor of the House of Representatives. ( (4) Staff.--The Commission may, without regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary for the Commission to perform the duties of the Commission. C) Documentation.--The Commission shall keep minutes of each Commission meeting, which shall contain a record of the people present, a description of the discussion that occurred, and copies of all statements filed. (D) Initial meeting.--The Commission shall hold its first meeting within 30 days after all Commission members are appointed. ( V) the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601-619); (VI) the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act (42 U.S.C. 9831 note); (VII) the Child Care Access Means Parents in School program under section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e); and (VIII) and any other early care or education program identified by the Commission. ( ii) A comprehensive review and assessment of the funding structure and allocation formula used to finance each program referred to in clause (i), including a bifurcation of programs indicating whether Federal funds are provided directly to States or to other grantees, and how that affects the coordination of programs at the State and local levels and the delivery of services to families. ( (ii) The pros and cons of streamlining or combining Federal programs and funding streams in order to improve the overall participation of children in a mixed delivery system, while maintaining availability of high quality services, expanding parental choice, and enhancing access for children from low-income communities. ( 7) Termination.--The Commission shall terminate 60 days after the Commission submits the report required by paragraph (6).

To establish a commission to make recommendations for modernizing Federal financing of early care and education programs. iii) 1 member shall be appointed by the Speaker of the House of Representatives. ( (v) 1 member shall be appointed by the Chairman of the Committee on Finance of the Senate. ( vii) 1 member shall be appointed by the Chairman of the Committee on Ways and Means of the House of Representatives. ( ix) 1 member shall be appointed by the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate. ( The employment and termination of an Executive Director shall be subject to confirmation by a majority of the members of the Commission. ( B) Advance public notice.--The Commission shall provide timely notice, in advance, in the Federal Register, of the time, place, and subject of each Commission meeting. ( 6) Report.-- (A) In general.--Within 18 months after the date of the enactment of this subsection, the Commission shall prepare a report of its findings and recommendations regarding modernizing Federal financing of early care and education programs to streamline and reduce duplicate funding streams. ( 601-619); (VI) the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act (42 U.S.C. 9831 note); (VII) the Child Care Access Means Parents in School program under section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e); and (VIII) and any other early care or education program identified by the Commission. ( C) Matters required to be addressed in the report to the congress.--In the report to the Congress, the Commission shall make specific recommendations, including delineation of specific statutory and regulatory changes, to address each of the following: (i) How to modernize and more effectively use Federal funds to strengthen the delivery of child care and early education, and improve the financing framework and governance structure at the Federal level to improve access for families and accountability for taxpayer dollars. ( (iv) Options for expanding the use of public and private partnerships to help maximize the Federal investment in early care and education. ( 7) Termination.--The Commission shall terminate 60 days after the Commission submits the report required by paragraph (6).

To establish a commission to make recommendations for modernizing Federal financing of early care and education programs. This Act may be cited as the ``Modernizing Financing of Early Care and Education in America Act of 2021''. (2) Membership.-- (A) Qualifications.--The Commission members shall be knowledgeable in federally and state-funded early care and education programs, including individuals representing State and local governments and organizations knowledgeable in public regulatory and funding mechanisms for early care and education programs, and shall be balanced by area of expertise and balanced geographically to the extent consistent with maintaining the highest level of expertise on the Commission. ( v) 1 member shall be appointed by the Chairman of the Committee on Finance of the Senate. ( (ix) 1 member shall be appointed by the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate. ( xii) 1 member shall be appointed by the ranking minority member of the Committee on Education and Labor of the House of Representatives. ( (4) Staff.--The Commission may, without regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel as may be necessary for the Commission to perform the duties of the Commission. C) Documentation.--The Commission shall keep minutes of each Commission meeting, which shall contain a record of the people present, a description of the discussion that occurred, and copies of all statements filed. (D) Initial meeting.--The Commission shall hold its first meeting within 30 days after all Commission members are appointed. ( V) the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601-619); (VI) the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act (42 U.S.C. 9831 note); (VII) the Child Care Access Means Parents in School program under section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e); and (VIII) and any other early care or education program identified by the Commission. ( ii) A comprehensive review and assessment of the funding structure and allocation formula used to finance each program referred to in clause (i), including a bifurcation of programs indicating whether Federal funds are provided directly to States or to other grantees, and how that affects the coordination of programs at the State and local levels and the delivery of services to families. ( (ii) The pros and cons of streamlining or combining Federal programs and funding streams in order to improve the overall participation of children in a mixed delivery system, while maintaining availability of high quality services, expanding parental choice, and enhancing access for children from low-income communities. ( 7) Termination.--The Commission shall terminate 60 days after the Commission submits the report required by paragraph (6).

To establish a commission to make recommendations for modernizing Federal financing of early care and education programs. iii) 1 member shall be appointed by the Speaker of the House of Representatives. ( (v) 1 member shall be appointed by the Chairman of the Committee on Finance of the Senate. ( vii) 1 member shall be appointed by the Chairman of the Committee on Ways and Means of the House of Representatives. ( ix) 1 member shall be appointed by the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate. ( The employment and termination of an Executive Director shall be subject to confirmation by a majority of the members of the Commission. ( B) Advance public notice.--The Commission shall provide timely notice, in advance, in the Federal Register, of the time, place, and subject of each Commission meeting. ( 6) Report.-- (A) In general.--Within 18 months after the date of the enactment of this subsection, the Commission shall prepare a report of its findings and recommendations regarding modernizing Federal financing of early care and education programs to streamline and reduce duplicate funding streams. ( 601-619); (VI) the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act (42 U.S.C. 9831 note); (VII) the Child Care Access Means Parents in School program under section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e); and (VIII) and any other early care or education program identified by the Commission. ( C) Matters required to be addressed in the report to the congress.--In the report to the Congress, the Commission shall make specific recommendations, including delineation of specific statutory and regulatory changes, to address each of the following: (i) How to modernize and more effectively use Federal funds to strengthen the delivery of child care and early education, and improve the financing framework and governance structure at the Federal level to improve access for families and accountability for taxpayer dollars. ( (iv) Options for expanding the use of public and private partnerships to help maximize the Federal investment in early care and education. ( 7) Termination.--The Commission shall terminate 60 days after the Commission submits the report required by paragraph (6).

To establish a commission to make recommendations for modernizing Federal financing of early care and education programs. v) 1 member shall be appointed by the Chairman of the Committee on Finance of the Senate. ( ( (D) Initial meeting.--The Commission shall hold its first meeting within 30 days after all Commission members are appointed. ( ii) A comprehensive review and assessment of the funding structure and allocation formula used to finance each program referred to in clause (i), including a bifurcation of programs indicating whether Federal funds are provided directly to States or to other grantees, and how that affects the coordination of programs at the State and local levels and the delivery of services to families. ( (

Modernizing Financing of Early Care and Education in America Act of 2021 - Establishes the Bipartisan Commission on Early Childhood Education Financing to make recommendations for modernizing federal financing of early care and education programs in order to promote: (1) access to high quality child care and early education settings that support healthy development and well-being of young children; (2) affordability This bill requires the Department of Health and Human Services (HHS) to report to Congress on: (1) the total amount of federal funds available for early care and education programs, including programs under the Child Care and Development Block Grant Act of 1990, the Head Start Act, and the Preschool Development Grants program; (2) the child care entitlement program under part A (Tem

H.R.9620

International Affairs

Chixoy International Financial Institution Reparations Act of 2022 This bill directs U.S. representatives at international financial institutions to use the voice, vote, and influence of the United States to avoid providing financing to entities that violate human rights and to provide reparations for violations of human rights resulting from institution actions.

To support reparations for victims of human rights violations associated with projects financed by international financial institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Chixoy International Financial Institution Reparations Act of 2022''. SEC. 2. FINDINGS. The Congress finds the following: (1) Beginning in 1976, the World Bank and the Inter- American Development Bank financed the construction of the Chixoy Dam in Guatemala while the country was in the midst of a civil war. The Armed Forces of the military Government of Guatemala were broadly and credibly accused of having committed gross violations of internationally recognized human rights during the civil war, which led the United States Government to suspend security assistance to the Government of Guatemala. (2) The construction of the Chixoy Dam forcibly displaced more than 3,500 members of the Maya Achi indigenous community and disrupted the livelihoods of thousands more. When residents of the Rio Negro community objected to leaving their homes, which were to be flooded by the construction of the dam, they were massacred, raped, and kidnapped by paramilitary and military forces. In its analysis of the Rio Negro massacres, the United Nations-sponsored Historical Clarification Commission concluded that peaceful resistance to administrative decisions related to the construction of the hydroelectric dam were conceived a priori as instigated by the guerrillas and were resolved through violent repression. Therefore, the army's command responsibility and intent to destroy Rio Negro constituted an act of genocide against the civilian population. Between 1980 and 1982, an estimated 5,000 Maya Achi lost their lives through extrajudicial killings. (3) Effective resettlement measures were never provided for communities displaced by the Chixoy Dam project. After enduring decades of extreme poverty stemming from their displacement, in 2010, the communities and the Government of Guatemala agreed to the Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Hydroelectric Dam in Guatemala. In 2014, the President of Guatemala asked forgiveness from the communities for the Government's role in the harm caused by the project and signed the reparations agreement into law. The Government has not allocated the funds necessary to implement reparations. (4) Senior management at the World Bank and the Inter- American Development Bank knew of the atrocities that occurred during the construction of the Chixoy Dam and of the lack of resettlement. These institutions have assumed no direct responsibility for atrocities resulting from the construction of the dam. (5) International financial institutions have repeatedly financed projects that have contributed to human rights violations, including extrajudicial killings, torture, forced labor, forced displacement of indigenous peoples, forced labor, arbitrary detention, loss of livelihood, and reduced access to food and water. For example, from 2007 to 2013, the World Bank funded a conservation program implemented by the Kenya Forest Service (KFS), which regularly engaged in forced evictions of forest communities. With financing from the World Bank, KFS burned the homes of Sengwer indigenous peoples and violently displaced them. Many Sengwer remain landless and impoverished, struggling to have their rights to ancestral lands respected. In 2013, the Accelerating Infrastructure Investment Facility in India financed by the Asian Development Bank resulted in gross labor violations of at least 116 workers in the construction of the subproject of Kiratpur-Nerchowk Highway. The Asian Development Bank's subcontractor, Infrastructure Leasing and Financial Services, still owes the workers back wages and unpaid benefits. (6) International financial institutions, including the World Bank and the Inter-American Development Bank, have an obligation to comply with international law, including international human rights law, in all of their activities. (7) The United States Government has long used its voting power to advocate for strengthened accountability in international financial institutions. (8) The International Financial Institutions Act requires that the United States Government use its voice and role at the international financial institutions in which it is a shareholder to advance the cause of human rights and promote mechanisms to strengthen the environmental performance of those institutions, including strengthening organizational, administrative, and procedural arrangements within the institutions so as to ensure the sustainable use of natural resources and protect indigenous peoples. (9) The International Development and Finance Act requires the United States Government not to vote in favor of any international financial institution-financed project that would result or be likely to result in a significant effect on the human environment, unless the assessment or a comprehensive summary of the assessment has been made available to affected groups and local nongovernmental organizations. This has led directly to stronger environmental assessment policies at the international financial institutions. (10) The Consolidated Appropriations Act, 2014 (Public Law 113-76), requires the United States Government to use its voice and vote at international financial institutions to ensure that each such institution responds to the recommendations of its accountability mechanisms, and provides redress to individuals and communities that have suffered human rights violations. That Act also instructs the United States Executive Directors at the World Bank and the Inter-American Development Bank to report to the Committees on Appropriations on steps being taken to support the implementation of the 2010 Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Dam Hydroelectric Dam in Guatemala. (11) In Jam v. International Finance Corporation, the Supreme Court ruled that international organizations are not absolutely immune from lawsuits in United States courts and can be sued in connection to their commercial activity. SEC. 3. PROMOTION OF MEASURES TO PROVIDE REPARATIONS FOR COMMUNITIES DAMAGED BY PROJECTS FINANCED BY INTERNATIONAL FINANCIAL INSTITUTIONS OF WHICH THE UNITED STATES IS A SHAREHOLDER. The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution to use the voice, vote, and influence of the United States to vigorously promote-- (1) the adoption and implementation of policies that ensure that the institution does not support activities that are likely to cause or contribute to human rights violations or abuses, including by undertaking adequate, publicly available human rights assessments to become aware of and prevent potential adverse effects on human rights from any proposed projects; (2) the adoption and implementation of procedures under which individuals or communities that suffer violations of human rights resulting from any loan, grant, strategy, or policy of the institution may initiate a reparations process, outlined in a negotiated, mutually acceptable, and publicly available reparations plan; and (3) the creation of a reparations fund at the institution-- (A) to which international financial institutions shall contribute a fixed percentage of the revenue earned on all lending and other investments by the institution; (B) which shall be managed by a board of directors and operated transparently and independently from the institution; and (C) which shall be dedicated to providing financial resources-- (i) to support the full and effective participation of the individuals and communities in negotiations for the reparations plan referred to in paragraph (2), including technical and legal support; (ii) for the full implementation of any reparations plan negotiated by the parties; and (iii) for establishing and operating monitoring panels to review and issue independent periodic reports detailing progress and challenges encountered in implementing the reparations plan referred to in paragraph (2) and clause (ii) of this subparagraph. SEC. 4. PROHIBITION ON FAVORABLE VOTE FOR PROPOSAL UNTIL RECEIPT OF REPORT ON ITS EFFECT ON HUMAN RIGHTS AND CORRUPTION. (a) The United States Executive Director at each international financial institution should request a report from the institution that contains-- (1) an assessment, in line with international best practices, of human rights and corruption risks associated with the project, including relevant legacy issues that existed before the involvement of the institution; (2) details describing how the implementers of the project will avoid, directly or indirectly, contributing to adverse effects on local communities; and (3) plans detailing how the institution will avoid participating in corrupt practices throughout the life cycle of the project. (b) The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution to not vote in favor of a proposal to provide financial support for a project to be implemented in a country or sector if-- (1) the United States Executive Director has not received the report described in subsection (a); (2) the government of the country has refused to accept or renew the mandate of a group or person acting under the authority of the United Nations or a regional intergovernmental human rights treaty body to which the country is party; or (3) the government of the country is obstructing the implementation of a reparations plan. SEC. 5. OPPOSITION TO INTERNATIONAL FINANCIAL INSTITUTION FINANCING FOR CORPORATION INVOLVED IN A PROJECT THAT VIOLATES HUMAN RIGHTS. The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution to use the voice, vote, and influence of the United States to oppose the provision of financing, indefinitely or for a limited period of time, for a project of a corporation that has been involved in another project that violates internationally recognized human rights, until an independent investigation finds that the involvement of the corporation in the other project did not violate such rights or that the corporation has made full reparations or remedy. SEC. 6. DEFINITION OF INTERNATIONAL FINANCIAL INSTITUTION. In this Act, the term ``international financial institution'' has the meaning given the term in section 1701(c)(2) of the International Financial Institutions Act. <all>

Chixoy International Financial Institution Reparations Act of 2022

To support reparations for victims of human rights violations associated with projects financed by international financial institutions.

Chixoy International Financial Institution Reparations Act of 2022

Rep. Garcia, Jesus G. "Chuy"

D

IL

This bill directs U.S. representatives at international financial institutions to use the voice, vote, and influence of the United States to avoid providing financing to entities that violate human rights and to provide reparations for violations of human rights resulting from institution actions.

To support reparations for victims of human rights violations associated with projects financed by international financial institutions. 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. In its analysis of the Rio Negro massacres, the United Nations-sponsored Historical Clarification Commission concluded that peaceful resistance to administrative decisions related to the construction of the hydroelectric dam were conceived a priori as instigated by the guerrillas and were resolved through violent repression. Therefore, the army's command responsibility and intent to destroy Rio Negro constituted an act of genocide against the civilian population. Between 1980 and 1982, an estimated 5,000 Maya Achi lost their lives through extrajudicial killings. In 2014, the President of Guatemala asked forgiveness from the communities for the Government's role in the harm caused by the project and signed the reparations agreement into law. The Government has not allocated the funds necessary to implement reparations. (5) International financial institutions have repeatedly financed projects that have contributed to human rights violations, including extrajudicial killings, torture, forced labor, forced displacement of indigenous peoples, forced labor, arbitrary detention, loss of livelihood, and reduced access to food and water. For example, from 2007 to 2013, the World Bank funded a conservation program implemented by the Kenya Forest Service (KFS), which regularly engaged in forced evictions of forest communities. With financing from the World Bank, KFS burned the homes of Sengwer indigenous peoples and violently displaced them. The Asian Development Bank's subcontractor, Infrastructure Leasing and Financial Services, still owes the workers back wages and unpaid benefits. This has led directly to stronger environmental assessment policies at the international financial institutions. That Act also instructs the United States Executive Directors at the World Bank and the Inter-American Development Bank to report to the Committees on Appropriations on steps being taken to support the implementation of the 2010 Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Dam Hydroelectric Dam in Guatemala. (11) In Jam v. International Finance Corporation, the Supreme Court ruled that international organizations are not absolutely immune from lawsuits in United States courts and can be sued in connection to their commercial activity. 3. 4. PROHIBITION ON FAVORABLE VOTE FOR PROPOSAL UNTIL RECEIPT OF REPORT ON ITS EFFECT ON HUMAN RIGHTS AND CORRUPTION. 5. The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution to use the voice, vote, and influence of the United States to oppose the provision of financing, indefinitely or for a limited period of time, for a project of a corporation that has been involved in another project that violates internationally recognized human rights, until an independent investigation finds that the involvement of the corporation in the other project did not violate such rights or that the corporation has made full reparations or remedy. SEC. 6. DEFINITION OF INTERNATIONAL FINANCIAL INSTITUTION.

To support reparations for victims of human rights violations associated with projects financed by international financial institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. Therefore, the army's command responsibility and intent to destroy Rio Negro constituted an act of genocide against the civilian population. The Government has not allocated the funds necessary to implement reparations. (5) International financial institutions have repeatedly financed projects that have contributed to human rights violations, including extrajudicial killings, torture, forced labor, forced displacement of indigenous peoples, forced labor, arbitrary detention, loss of livelihood, and reduced access to food and water. With financing from the World Bank, KFS burned the homes of Sengwer indigenous peoples and violently displaced them. The Asian Development Bank's subcontractor, Infrastructure Leasing and Financial Services, still owes the workers back wages and unpaid benefits. This has led directly to stronger environmental assessment policies at the international financial institutions. That Act also instructs the United States Executive Directors at the World Bank and the Inter-American Development Bank to report to the Committees on Appropriations on steps being taken to support the implementation of the 2010 Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Dam Hydroelectric Dam in Guatemala. (11) In Jam v. International Finance Corporation, the Supreme Court ruled that international organizations are not absolutely immune from lawsuits in United States courts and can be sued in connection to their commercial activity. 3. 4. PROHIBITION ON FAVORABLE VOTE FOR PROPOSAL UNTIL RECEIPT OF REPORT ON ITS EFFECT ON HUMAN RIGHTS AND CORRUPTION. 5. The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution to use the voice, vote, and influence of the United States to oppose the provision of financing, indefinitely or for a limited period of time, for a project of a corporation that has been involved in another project that violates internationally recognized human rights, until an independent investigation finds that the involvement of the corporation in the other project did not violate such rights or that the corporation has made full reparations or remedy. SEC. 6. DEFINITION OF INTERNATIONAL FINANCIAL INSTITUTION.

To support reparations for victims of human rights violations associated with projects financed by international financial institutions. 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. When residents of the Rio Negro community objected to leaving their homes, which were to be flooded by the construction of the dam, they were massacred, raped, and kidnapped by paramilitary and military forces. In its analysis of the Rio Negro massacres, the United Nations-sponsored Historical Clarification Commission concluded that peaceful resistance to administrative decisions related to the construction of the hydroelectric dam were conceived a priori as instigated by the guerrillas and were resolved through violent repression. Therefore, the army's command responsibility and intent to destroy Rio Negro constituted an act of genocide against the civilian population. Between 1980 and 1982, an estimated 5,000 Maya Achi lost their lives through extrajudicial killings. In 2014, the President of Guatemala asked forgiveness from the communities for the Government's role in the harm caused by the project and signed the reparations agreement into law. The Government has not allocated the funds necessary to implement reparations. (5) International financial institutions have repeatedly financed projects that have contributed to human rights violations, including extrajudicial killings, torture, forced labor, forced displacement of indigenous peoples, forced labor, arbitrary detention, loss of livelihood, and reduced access to food and water. For example, from 2007 to 2013, the World Bank funded a conservation program implemented by the Kenya Forest Service (KFS), which regularly engaged in forced evictions of forest communities. With financing from the World Bank, KFS burned the homes of Sengwer indigenous peoples and violently displaced them. Many Sengwer remain landless and impoverished, struggling to have their rights to ancestral lands respected. The Asian Development Bank's subcontractor, Infrastructure Leasing and Financial Services, still owes the workers back wages and unpaid benefits. This has led directly to stronger environmental assessment policies at the international financial institutions. That Act also instructs the United States Executive Directors at the World Bank and the Inter-American Development Bank to report to the Committees on Appropriations on steps being taken to support the implementation of the 2010 Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Dam Hydroelectric Dam in Guatemala. (11) In Jam v. International Finance Corporation, the Supreme Court ruled that international organizations are not absolutely immune from lawsuits in United States courts and can be sued in connection to their commercial activity. 3. 4. PROHIBITION ON FAVORABLE VOTE FOR PROPOSAL UNTIL RECEIPT OF REPORT ON ITS EFFECT ON HUMAN RIGHTS AND CORRUPTION. (b) The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution to not vote in favor of a proposal to provide financial support for a project to be implemented in a country or sector if-- (1) the United States Executive Director has not received the report described in subsection (a); (2) the government of the country has refused to accept or renew the mandate of a group or person acting under the authority of the United Nations or a regional intergovernmental human rights treaty body to which the country is party; or (3) the government of the country is obstructing the implementation of a reparations plan. 5. The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution to use the voice, vote, and influence of the United States to oppose the provision of financing, indefinitely or for a limited period of time, for a project of a corporation that has been involved in another project that violates internationally recognized human rights, until an independent investigation finds that the involvement of the corporation in the other project did not violate such rights or that the corporation has made full reparations or remedy. SEC. 6. DEFINITION OF INTERNATIONAL FINANCIAL INSTITUTION.

To support reparations for victims of human rights violations associated with projects financed by international financial institutions. 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. When residents of the Rio Negro community objected to leaving their homes, which were to be flooded by the construction of the dam, they were massacred, raped, and kidnapped by paramilitary and military forces. In its analysis of the Rio Negro massacres, the United Nations-sponsored Historical Clarification Commission concluded that peaceful resistance to administrative decisions related to the construction of the hydroelectric dam were conceived a priori as instigated by the guerrillas and were resolved through violent repression. Therefore, the army's command responsibility and intent to destroy Rio Negro constituted an act of genocide against the civilian population. Between 1980 and 1982, an estimated 5,000 Maya Achi lost their lives through extrajudicial killings. (3) Effective resettlement measures were never provided for communities displaced by the Chixoy Dam project. In 2014, the President of Guatemala asked forgiveness from the communities for the Government's role in the harm caused by the project and signed the reparations agreement into law. The Government has not allocated the funds necessary to implement reparations. (5) International financial institutions have repeatedly financed projects that have contributed to human rights violations, including extrajudicial killings, torture, forced labor, forced displacement of indigenous peoples, forced labor, arbitrary detention, loss of livelihood, and reduced access to food and water. For example, from 2007 to 2013, the World Bank funded a conservation program implemented by the Kenya Forest Service (KFS), which regularly engaged in forced evictions of forest communities. With financing from the World Bank, KFS burned the homes of Sengwer indigenous peoples and violently displaced them. Many Sengwer remain landless and impoverished, struggling to have their rights to ancestral lands respected. In 2013, the Accelerating Infrastructure Investment Facility in India financed by the Asian Development Bank resulted in gross labor violations of at least 116 workers in the construction of the subproject of Kiratpur-Nerchowk Highway. The Asian Development Bank's subcontractor, Infrastructure Leasing and Financial Services, still owes the workers back wages and unpaid benefits. (7) The United States Government has long used its voting power to advocate for strengthened accountability in international financial institutions. This has led directly to stronger environmental assessment policies at the international financial institutions. That Act also instructs the United States Executive Directors at the World Bank and the Inter-American Development Bank to report to the Committees on Appropriations on steps being taken to support the implementation of the 2010 Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Dam Hydroelectric Dam in Guatemala. (11) In Jam v. International Finance Corporation, the Supreme Court ruled that international organizations are not absolutely immune from lawsuits in United States courts and can be sued in connection to their commercial activity. 3. The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution to use the voice, vote, and influence of the United States to vigorously promote-- (1) the adoption and implementation of policies that ensure that the institution does not support activities that are likely to cause or contribute to human rights violations or abuses, including by undertaking adequate, publicly available human rights assessments to become aware of and prevent potential adverse effects on human rights from any proposed projects; (2) the adoption and implementation of procedures under which individuals or communities that suffer violations of human rights resulting from any loan, grant, strategy, or policy of the institution may initiate a reparations process, outlined in a negotiated, mutually acceptable, and publicly available reparations plan; and (3) the creation of a reparations fund at the institution-- (A) to which international financial institutions shall contribute a fixed percentage of the revenue earned on all lending and other investments by the institution; (B) which shall be managed by a board of directors and operated transparently and independently from the institution; and (C) which shall be dedicated to providing financial resources-- (i) to support the full and effective participation of the individuals and communities in negotiations for the reparations plan referred to in paragraph (2), including technical and legal support; (ii) for the full implementation of any reparations plan negotiated by the parties; and (iii) for establishing and operating monitoring panels to review and issue independent periodic reports detailing progress and challenges encountered in implementing the reparations plan referred to in paragraph (2) and clause (ii) of this subparagraph. 4. PROHIBITION ON FAVORABLE VOTE FOR PROPOSAL UNTIL RECEIPT OF REPORT ON ITS EFFECT ON HUMAN RIGHTS AND CORRUPTION. (b) The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution to not vote in favor of a proposal to provide financial support for a project to be implemented in a country or sector if-- (1) the United States Executive Director has not received the report described in subsection (a); (2) the government of the country has refused to accept or renew the mandate of a group or person acting under the authority of the United Nations or a regional intergovernmental human rights treaty body to which the country is party; or (3) the government of the country is obstructing the implementation of a reparations plan. 5. The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution to use the voice, vote, and influence of the United States to oppose the provision of financing, indefinitely or for a limited period of time, for a project of a corporation that has been involved in another project that violates internationally recognized human rights, until an independent investigation finds that the involvement of the corporation in the other project did not violate such rights or that the corporation has made full reparations or remedy. SEC. 6. DEFINITION OF INTERNATIONAL FINANCIAL INSTITUTION.

To support reparations for victims of human rights violations associated with projects financed by international financial institutions. In its analysis of the Rio Negro massacres, the United Nations-sponsored Historical Clarification Commission concluded that peaceful resistance to administrative decisions related to the construction of the hydroelectric dam were conceived a priori as instigated by the guerrillas and were resolved through violent repression. Therefore, the army's command responsibility and intent to destroy Rio Negro constituted an act of genocide against the civilian population. In 2014, the President of Guatemala asked forgiveness from the communities for the Government's role in the harm caused by the project and signed the reparations agreement into law. For example, from 2007 to 2013, the World Bank funded a conservation program implemented by the Kenya Forest Service (KFS), which regularly engaged in forced evictions of forest communities. 8) The International Financial Institutions Act requires that the United States Government use its voice and role at the international financial institutions in which it is a shareholder to advance the cause of human rights and promote mechanisms to strengthen the environmental performance of those institutions, including strengthening organizational, administrative, and procedural arrangements within the institutions so as to ensure the sustainable use of natural resources and protect indigenous peoples. (9) The International Development and Finance Act requires the United States Government not to vote in favor of any international financial institution-financed project that would result or be likely to result in a significant effect on the human environment, unless the assessment or a comprehensive summary of the assessment has been made available to affected groups and local nongovernmental organizations. That Act also instructs the United States Executive Directors at the World Bank and the Inter-American Development Bank to report to the Committees on Appropriations on steps being taken to support the implementation of the 2010 Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Dam Hydroelectric Dam in Guatemala. ( PROHIBITION ON FAVORABLE VOTE FOR PROPOSAL UNTIL RECEIPT OF REPORT ON ITS EFFECT ON HUMAN RIGHTS AND CORRUPTION. ( OPPOSITION TO INTERNATIONAL FINANCIAL INSTITUTION FINANCING FOR CORPORATION INVOLVED IN A PROJECT THAT VIOLATES HUMAN RIGHTS. The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution to use the voice, vote, and influence of the United States to oppose the provision of financing, indefinitely or for a limited period of time, for a project of a corporation that has been involved in another project that violates internationally recognized human rights, until an independent investigation finds that the involvement of the corporation in the other project did not violate such rights or that the corporation has made full reparations or remedy. DEFINITION OF INTERNATIONAL FINANCIAL INSTITUTION.

To support reparations for victims of human rights violations associated with projects financed by international financial institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In its analysis of the Rio Negro massacres, the United Nations-sponsored Historical Clarification Commission concluded that peaceful resistance to administrative decisions related to the construction of the hydroelectric dam were conceived a priori as instigated by the guerrillas and were resolved through violent repression. The Government has not allocated the funds necessary to implement reparations. ( 4) Senior management at the World Bank and the Inter- American Development Bank knew of the atrocities that occurred during the construction of the Chixoy Dam and of the lack of resettlement. For example, from 2007 to 2013, the World Bank funded a conservation program implemented by the Kenya Forest Service (KFS), which regularly engaged in forced evictions of forest communities. (9) The International Development and Finance Act requires the United States Government not to vote in favor of any international financial institution-financed project that would result or be likely to result in a significant effect on the human environment, unless the assessment or a comprehensive summary of the assessment has been made available to affected groups and local nongovernmental organizations. That Act also instructs the United States Executive Directors at the World Bank and the Inter-American Development Bank to report to the Committees on Appropriations on steps being taken to support the implementation of the 2010 Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Dam Hydroelectric Dam in Guatemala. ( PROHIBITION ON FAVORABLE VOTE FOR PROPOSAL UNTIL RECEIPT OF REPORT ON ITS EFFECT ON HUMAN RIGHTS AND CORRUPTION. OPPOSITION TO INTERNATIONAL FINANCIAL INSTITUTION FINANCING FOR CORPORATION INVOLVED IN A PROJECT THAT VIOLATES HUMAN RIGHTS. In this Act, the term ``international financial institution'' has the meaning given the term in section 1701(c)(2) of the International Financial Institutions Act.

To support reparations for victims of human rights violations associated with projects financed by international financial institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In its analysis of the Rio Negro massacres, the United Nations-sponsored Historical Clarification Commission concluded that peaceful resistance to administrative decisions related to the construction of the hydroelectric dam were conceived a priori as instigated by the guerrillas and were resolved through violent repression. The Government has not allocated the funds necessary to implement reparations. ( 4) Senior management at the World Bank and the Inter- American Development Bank knew of the atrocities that occurred during the construction of the Chixoy Dam and of the lack of resettlement. For example, from 2007 to 2013, the World Bank funded a conservation program implemented by the Kenya Forest Service (KFS), which regularly engaged in forced evictions of forest communities. (9) The International Development and Finance Act requires the United States Government not to vote in favor of any international financial institution-financed project that would result or be likely to result in a significant effect on the human environment, unless the assessment or a comprehensive summary of the assessment has been made available to affected groups and local nongovernmental organizations. That Act also instructs the United States Executive Directors at the World Bank and the Inter-American Development Bank to report to the Committees on Appropriations on steps being taken to support the implementation of the 2010 Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Dam Hydroelectric Dam in Guatemala. ( PROHIBITION ON FAVORABLE VOTE FOR PROPOSAL UNTIL RECEIPT OF REPORT ON ITS EFFECT ON HUMAN RIGHTS AND CORRUPTION. OPPOSITION TO INTERNATIONAL FINANCIAL INSTITUTION FINANCING FOR CORPORATION INVOLVED IN A PROJECT THAT VIOLATES HUMAN RIGHTS. In this Act, the term ``international financial institution'' has the meaning given the term in section 1701(c)(2) of the International Financial Institutions Act.

To support reparations for victims of human rights violations associated with projects financed by international financial institutions. In its analysis of the Rio Negro massacres, the United Nations-sponsored Historical Clarification Commission concluded that peaceful resistance to administrative decisions related to the construction of the hydroelectric dam were conceived a priori as instigated by the guerrillas and were resolved through violent repression. Therefore, the army's command responsibility and intent to destroy Rio Negro constituted an act of genocide against the civilian population. In 2014, the President of Guatemala asked forgiveness from the communities for the Government's role in the harm caused by the project and signed the reparations agreement into law. For example, from 2007 to 2013, the World Bank funded a conservation program implemented by the Kenya Forest Service (KFS), which regularly engaged in forced evictions of forest communities. 8) The International Financial Institutions Act requires that the United States Government use its voice and role at the international financial institutions in which it is a shareholder to advance the cause of human rights and promote mechanisms to strengthen the environmental performance of those institutions, including strengthening organizational, administrative, and procedural arrangements within the institutions so as to ensure the sustainable use of natural resources and protect indigenous peoples. (9) The International Development and Finance Act requires the United States Government not to vote in favor of any international financial institution-financed project that would result or be likely to result in a significant effect on the human environment, unless the assessment or a comprehensive summary of the assessment has been made available to affected groups and local nongovernmental organizations. That Act also instructs the United States Executive Directors at the World Bank and the Inter-American Development Bank to report to the Committees on Appropriations on steps being taken to support the implementation of the 2010 Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Dam Hydroelectric Dam in Guatemala. ( PROHIBITION ON FAVORABLE VOTE FOR PROPOSAL UNTIL RECEIPT OF REPORT ON ITS EFFECT ON HUMAN RIGHTS AND CORRUPTION. ( OPPOSITION TO INTERNATIONAL FINANCIAL INSTITUTION FINANCING FOR CORPORATION INVOLVED IN A PROJECT THAT VIOLATES HUMAN RIGHTS. The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution to use the voice, vote, and influence of the United States to oppose the provision of financing, indefinitely or for a limited period of time, for a project of a corporation that has been involved in another project that violates internationally recognized human rights, until an independent investigation finds that the involvement of the corporation in the other project did not violate such rights or that the corporation has made full reparations or remedy. DEFINITION OF INTERNATIONAL FINANCIAL INSTITUTION.

To support reparations for victims of human rights violations associated with projects financed by international financial institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In its analysis of the Rio Negro massacres, the United Nations-sponsored Historical Clarification Commission concluded that peaceful resistance to administrative decisions related to the construction of the hydroelectric dam were conceived a priori as instigated by the guerrillas and were resolved through violent repression. The Government has not allocated the funds necessary to implement reparations. ( 4) Senior management at the World Bank and the Inter- American Development Bank knew of the atrocities that occurred during the construction of the Chixoy Dam and of the lack of resettlement. For example, from 2007 to 2013, the World Bank funded a conservation program implemented by the Kenya Forest Service (KFS), which regularly engaged in forced evictions of forest communities. (9) The International Development and Finance Act requires the United States Government not to vote in favor of any international financial institution-financed project that would result or be likely to result in a significant effect on the human environment, unless the assessment or a comprehensive summary of the assessment has been made available to affected groups and local nongovernmental organizations. That Act also instructs the United States Executive Directors at the World Bank and the Inter-American Development Bank to report to the Committees on Appropriations on steps being taken to support the implementation of the 2010 Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Dam Hydroelectric Dam in Guatemala. ( PROHIBITION ON FAVORABLE VOTE FOR PROPOSAL UNTIL RECEIPT OF REPORT ON ITS EFFECT ON HUMAN RIGHTS AND CORRUPTION. OPPOSITION TO INTERNATIONAL FINANCIAL INSTITUTION FINANCING FOR CORPORATION INVOLVED IN A PROJECT THAT VIOLATES HUMAN RIGHTS. In this Act, the term ``international financial institution'' has the meaning given the term in section 1701(c)(2) of the International Financial Institutions Act.

To support reparations for victims of human rights violations associated with projects financed by international financial institutions. In its analysis of the Rio Negro massacres, the United Nations-sponsored Historical Clarification Commission concluded that peaceful resistance to administrative decisions related to the construction of the hydroelectric dam were conceived a priori as instigated by the guerrillas and were resolved through violent repression. Therefore, the army's command responsibility and intent to destroy Rio Negro constituted an act of genocide against the civilian population. In 2014, the President of Guatemala asked forgiveness from the communities for the Government's role in the harm caused by the project and signed the reparations agreement into law. For example, from 2007 to 2013, the World Bank funded a conservation program implemented by the Kenya Forest Service (KFS), which regularly engaged in forced evictions of forest communities. 8) The International Financial Institutions Act requires that the United States Government use its voice and role at the international financial institutions in which it is a shareholder to advance the cause of human rights and promote mechanisms to strengthen the environmental performance of those institutions, including strengthening organizational, administrative, and procedural arrangements within the institutions so as to ensure the sustainable use of natural resources and protect indigenous peoples. (9) The International Development and Finance Act requires the United States Government not to vote in favor of any international financial institution-financed project that would result or be likely to result in a significant effect on the human environment, unless the assessment or a comprehensive summary of the assessment has been made available to affected groups and local nongovernmental organizations. That Act also instructs the United States Executive Directors at the World Bank and the Inter-American Development Bank to report to the Committees on Appropriations on steps being taken to support the implementation of the 2010 Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Dam Hydroelectric Dam in Guatemala. ( PROHIBITION ON FAVORABLE VOTE FOR PROPOSAL UNTIL RECEIPT OF REPORT ON ITS EFFECT ON HUMAN RIGHTS AND CORRUPTION. ( OPPOSITION TO INTERNATIONAL FINANCIAL INSTITUTION FINANCING FOR CORPORATION INVOLVED IN A PROJECT THAT VIOLATES HUMAN RIGHTS. The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution to use the voice, vote, and influence of the United States to oppose the provision of financing, indefinitely or for a limited period of time, for a project of a corporation that has been involved in another project that violates internationally recognized human rights, until an independent investigation finds that the involvement of the corporation in the other project did not violate such rights or that the corporation has made full reparations or remedy. DEFINITION OF INTERNATIONAL FINANCIAL INSTITUTION.

To support reparations for victims of human rights violations associated with projects financed by international financial institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In its analysis of the Rio Negro massacres, the United Nations-sponsored Historical Clarification Commission concluded that peaceful resistance to administrative decisions related to the construction of the hydroelectric dam were conceived a priori as instigated by the guerrillas and were resolved through violent repression. The Government has not allocated the funds necessary to implement reparations. ( 4) Senior management at the World Bank and the Inter- American Development Bank knew of the atrocities that occurred during the construction of the Chixoy Dam and of the lack of resettlement. For example, from 2007 to 2013, the World Bank funded a conservation program implemented by the Kenya Forest Service (KFS), which regularly engaged in forced evictions of forest communities. (9) The International Development and Finance Act requires the United States Government not to vote in favor of any international financial institution-financed project that would result or be likely to result in a significant effect on the human environment, unless the assessment or a comprehensive summary of the assessment has been made available to affected groups and local nongovernmental organizations. That Act also instructs the United States Executive Directors at the World Bank and the Inter-American Development Bank to report to the Committees on Appropriations on steps being taken to support the implementation of the 2010 Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Dam Hydroelectric Dam in Guatemala. ( PROHIBITION ON FAVORABLE VOTE FOR PROPOSAL UNTIL RECEIPT OF REPORT ON ITS EFFECT ON HUMAN RIGHTS AND CORRUPTION. OPPOSITION TO INTERNATIONAL FINANCIAL INSTITUTION FINANCING FOR CORPORATION INVOLVED IN A PROJECT THAT VIOLATES HUMAN RIGHTS. In this Act, the term ``international financial institution'' has the meaning given the term in section 1701(c)(2) of the International Financial Institutions Act.

To support reparations for victims of human rights violations associated with projects financed by international financial institutions. In its analysis of the Rio Negro massacres, the United Nations-sponsored Historical Clarification Commission concluded that peaceful resistance to administrative decisions related to the construction of the hydroelectric dam were conceived a priori as instigated by the guerrillas and were resolved through violent repression. Therefore, the army's command responsibility and intent to destroy Rio Negro constituted an act of genocide against the civilian population. In 2014, the President of Guatemala asked forgiveness from the communities for the Government's role in the harm caused by the project and signed the reparations agreement into law. For example, from 2007 to 2013, the World Bank funded a conservation program implemented by the Kenya Forest Service (KFS), which regularly engaged in forced evictions of forest communities. 8) The International Financial Institutions Act requires that the United States Government use its voice and role at the international financial institutions in which it is a shareholder to advance the cause of human rights and promote mechanisms to strengthen the environmental performance of those institutions, including strengthening organizational, administrative, and procedural arrangements within the institutions so as to ensure the sustainable use of natural resources and protect indigenous peoples. (9) The International Development and Finance Act requires the United States Government not to vote in favor of any international financial institution-financed project that would result or be likely to result in a significant effect on the human environment, unless the assessment or a comprehensive summary of the assessment has been made available to affected groups and local nongovernmental organizations. That Act also instructs the United States Executive Directors at the World Bank and the Inter-American Development Bank to report to the Committees on Appropriations on steps being taken to support the implementation of the 2010 Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Dam Hydroelectric Dam in Guatemala. ( PROHIBITION ON FAVORABLE VOTE FOR PROPOSAL UNTIL RECEIPT OF REPORT ON ITS EFFECT ON HUMAN RIGHTS AND CORRUPTION. ( OPPOSITION TO INTERNATIONAL FINANCIAL INSTITUTION FINANCING FOR CORPORATION INVOLVED IN A PROJECT THAT VIOLATES HUMAN RIGHTS. The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution to use the voice, vote, and influence of the United States to oppose the provision of financing, indefinitely or for a limited period of time, for a project of a corporation that has been involved in another project that violates internationally recognized human rights, until an independent investigation finds that the involvement of the corporation in the other project did not violate such rights or that the corporation has made full reparations or remedy. DEFINITION OF INTERNATIONAL FINANCIAL INSTITUTION.

To support reparations for victims of human rights violations associated with projects financed by international financial institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In its analysis of the Rio Negro massacres, the United Nations-sponsored Historical Clarification Commission concluded that peaceful resistance to administrative decisions related to the construction of the hydroelectric dam were conceived a priori as instigated by the guerrillas and were resolved through violent repression. The Government has not allocated the funds necessary to implement reparations. ( 4) Senior management at the World Bank and the Inter- American Development Bank knew of the atrocities that occurred during the construction of the Chixoy Dam and of the lack of resettlement. For example, from 2007 to 2013, the World Bank funded a conservation program implemented by the Kenya Forest Service (KFS), which regularly engaged in forced evictions of forest communities. (9) The International Development and Finance Act requires the United States Government not to vote in favor of any international financial institution-financed project that would result or be likely to result in a significant effect on the human environment, unless the assessment or a comprehensive summary of the assessment has been made available to affected groups and local nongovernmental organizations. That Act also instructs the United States Executive Directors at the World Bank and the Inter-American Development Bank to report to the Committees on Appropriations on steps being taken to support the implementation of the 2010 Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Dam Hydroelectric Dam in Guatemala. ( PROHIBITION ON FAVORABLE VOTE FOR PROPOSAL UNTIL RECEIPT OF REPORT ON ITS EFFECT ON HUMAN RIGHTS AND CORRUPTION. OPPOSITION TO INTERNATIONAL FINANCIAL INSTITUTION FINANCING FOR CORPORATION INVOLVED IN A PROJECT THAT VIOLATES HUMAN RIGHTS. In this Act, the term ``international financial institution'' has the meaning given the term in section 1701(c)(2) of the International Financial Institutions Act.

To support reparations for victims of human rights violations associated with projects financed by international financial institutions. In its analysis of the Rio Negro massacres, the United Nations-sponsored Historical Clarification Commission concluded that peaceful resistance to administrative decisions related to the construction of the hydroelectric dam were conceived a priori as instigated by the guerrillas and were resolved through violent repression. (9) The International Development and Finance Act requires the United States Government not to vote in favor of any international financial institution-financed project that would result or be likely to result in a significant effect on the human environment, unless the assessment or a comprehensive summary of the assessment has been made available to affected groups and local nongovernmental organizations. That Act also instructs the United States Executive Directors at the World Bank and the Inter-American Development Bank to report to the Committees on Appropriations on steps being taken to support the implementation of the 2010 Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Dam Hydroelectric Dam in Guatemala. (

Chixoy International Financial Institution Reparations Act of 2022 This bill expresses the sense of Congress that the United States should support reparations for victims of human rights violations associated with projects financed by the World Bank and the Inter-American Development Bank (IDB). Specifically, the bill requires the U.S. government to vote against any project that would result or be likely to result in a Directs the U.S. Executive Director at each international financial institution to use the voice, vote, and influence of the United States to vigorously promote: (1) policies that ensure that the institution does not support activities that are likely to cause or contribute to human rights violations or abuses, including by undertaking adequate, publicly available human rights assessments to become aware of and prevent potential adverse effects

H.R.1216

Armed Forces and National Security

Modernizing Veterans' Health Care Eligibility Act This bill establishes the Commission on Eligibility to examine veterans' eligibility for health care from the Department of Veterans Affairs (VA). The President must require the VA and other relevant agencies to implement recommendations set forth by the commission that are feasible, advisable, and can be implemented without further legislative action.

To establish an advisory commission regarding eligibility for health care furnished by the Secretary of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Modernizing Veterans' Health Care Eligibility Act''. SEC. 2. COMMISSION ON ELIGIBILITY. (a) Establishment of Commission.-- (1) In general.--There is established a commission, to be known as the ``Commission on Eligibility'' (in this section referred to as the ``Commission''), to examine eligibility for health care from the Department of Veterans Affairs. (2) Membership.-- (A) Voting members.--The Commission shall be composed of 15 voting members who are appointed as follows: (i) Three members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran. (ii) Three members appointed by the minority leader of the House of Representatives, at least one of whom shall be a veteran. (iii) Three members appointed by the majority leader of the Senate, at least one of whom shall be a veteran. (iv) Three members appointed by the minority leader of the Senate, at least one of whom shall be a veteran. (v) Three members appointed by the President, at least two of whom shall be veterans. (B) Qualifications.--Of the members appointed under subparagraph (A)-- (i) at least one member shall represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code; (ii) at least one member shall have experience as senior management for a private integrated health care system with an annual gross revenue of more than $50,000,000; (iii) at least one member shall be familiar with government health care systems, including those systems of the Department of Defense, the Indian Health Service, or Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))); and (iv) at least one member shall be familiar with the Veterans Health Administration but shall not be currently employed by the Veterans Health Administration. (C) Date.--The appointments of members of the Commission shall be made not later than one year after the date of the enactment of this Act. (3) Period of appointment.-- (A) In general.--Members shall be appointed for the life of the Commission. (B) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting.--Not later than 15 days after the date on which eight voting members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings.--The Commission shall meet at the call of the Chairperson. (6) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and vice chairperson.--The President shall designate a member of the commission to serve as Chairperson of the Commission. The Commission shall select a Vice Chairperson from among its members. (b) Duties of Commission.-- (1) Evaluation and assessment.--The Commission shall undertake a comprehensive evaluation and assessment of eligibility to receive health care from the Department of Veterans Affairs. (2) Matters evaluated and assessed.--In undertaking the comprehensive evaluation and assessment required by paragraph (1), the Commission shall evaluate and assess the following: (A) General eligibility. (B) Eligibility of veterans with service-connected conditions. (C) Eligibility of veterans with non-service- connected conditions. (D) Eligibility of veterans who have other insurance or health care coverage (including Medicare and TRICARE). (E) Eligibility of veterans exposed to combat. (F) Eligibility of veterans exposed to toxic substances or radiation. (G) Eligibility of veterans with discharges under conditions other than honorable. (H) Eligibility for long-term care. (I) Eligibility for mental health care. (J) Assigned priority for care. (K) Required copayments and other cost-sharing mechanisms. (L) Other matters the Commission determines appropriate. (3) Reports.--The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: (A) Not later than 90 days after the date of the initial meeting of the Commission, an interim report on-- (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to revise and simplify eligibility to receive health care from the Department of Veterans Affairs. (B) Not later than one year after the date of the initial meeting of the Commission, a final report on-- (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to revise and simplify eligibility to receive health care from the Department of Veterans Affairs. (c) Powers of the Commission.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from federal agencies.--The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairperson of the Commission, the head of such agency shall furnish such information to the Commission. (d) Commission Personnel Matters.-- (1) Compensation of members.-- (A) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (B) Officers or employees of the united states.-- All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination of the Commission.--The Commission shall terminate 30 days after the date on which the Commission submits the report under subsection (b)(3)(B). (f) Funding.--The Secretary of Veterans Affairs shall make available to the Commission from amounts appropriated or otherwise made available to the Secretary such amounts as the Secretary and the Chairperson of the Commission jointly consider appropriate for the Commission to perform its duties under this section. (g) Executive Action.-- (1) Action on recommendations.--The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President-- (A) considers feasible and advisable; and (B) determines can be implemented without further legislative action. (2) Reports.--Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (B) For each recommendation assessed as feasible and advisable under subparagraph (A) the following: (i) Whether such recommendation requires legislative action. (ii) If such recommendation requires legislative action, a recommendation concerning such legislative action. (iii) A description of any administrative action already taken to carry out such recommendation. (iv) A description of any administrative action the President intends to be taken to carry out such recommendation and by whom. <all>

Modernizing Veterans’ Health Care Eligibility Act

To establish an advisory commission regarding eligibility for health care furnished by the Secretary of Veterans Affairs.

Modernizing Veterans’ Health Care Eligibility Act

Rep. Bost, Mike

R

IL

This bill establishes the Commission on Eligibility to examine veterans' eligibility for health care from the Department of Veterans Affairs (VA). The President must require the VA and other relevant agencies to implement recommendations set forth by the commission that are feasible, advisable, and can be implemented without further legislative action.

SHORT TITLE. SEC. 2. COMMISSION ON ELIGIBILITY. (v) Three members appointed by the President, at least two of whom shall be veterans. (C) Date.--The appointments of members of the Commission shall be made not later than one year after the date of the enactment of this Act. (5) Meetings.--The Commission shall meet at the call of the Chairperson. (6) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (b) Duties of Commission.-- (1) Evaluation and assessment.--The Commission shall undertake a comprehensive evaluation and assessment of eligibility to receive health care from the Department of Veterans Affairs. (D) Eligibility of veterans who have other insurance or health care coverage (including Medicare and TRICARE). (E) Eligibility of veterans exposed to combat. (G) Eligibility of veterans with discharges under conditions other than honorable. (I) Eligibility for mental health care. (K) Required copayments and other cost-sharing mechanisms. (L) Other matters the Commission determines appropriate. (2) Information from federal agencies.--The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out this section. (B) Officers or employees of the united states.-- All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (f) Funding.--The Secretary of Veterans Affairs shall make available to the Commission from amounts appropriated or otherwise made available to the Secretary such amounts as the Secretary and the Chairperson of the Commission jointly consider appropriate for the Commission to perform its duties under this section. (2) Reports.--Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (ii) If such recommendation requires legislative action, a recommendation concerning such legislative action. (iv) A description of any administrative action the President intends to be taken to carry out such recommendation and by whom.

SHORT TITLE. 2. COMMISSION ON ELIGIBILITY. (v) Three members appointed by the President, at least two of whom shall be veterans. (C) Date.--The appointments of members of the Commission shall be made not later than one year after the date of the enactment of this Act. (5) Meetings.--The Commission shall meet at the call of the Chairperson. (b) Duties of Commission.-- (1) Evaluation and assessment.--The Commission shall undertake a comprehensive evaluation and assessment of eligibility to receive health care from the Department of Veterans Affairs. (I) Eligibility for mental health care. (L) Other matters the Commission determines appropriate. (2) Information from federal agencies.--The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out this section. (B) Officers or employees of the united states.-- All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (2) Reports.--Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (ii) If such recommendation requires legislative action, a recommendation concerning such legislative action.

SHORT TITLE. SEC. 2. COMMISSION ON ELIGIBILITY. (2) Membership.-- (A) Voting members.--The Commission shall be composed of 15 voting members who are appointed as follows: (i) Three members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran. (v) Three members appointed by the President, at least two of whom shall be veterans. (C) Date.--The appointments of members of the Commission shall be made not later than one year after the date of the enactment of this Act. (B) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (5) Meetings.--The Commission shall meet at the call of the Chairperson. (6) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. The Commission shall select a Vice Chairperson from among its members. (b) Duties of Commission.-- (1) Evaluation and assessment.--The Commission shall undertake a comprehensive evaluation and assessment of eligibility to receive health care from the Department of Veterans Affairs. (D) Eligibility of veterans who have other insurance or health care coverage (including Medicare and TRICARE). (E) Eligibility of veterans exposed to combat. (G) Eligibility of veterans with discharges under conditions other than honorable. (H) Eligibility for long-term care. (I) Eligibility for mental health care. (J) Assigned priority for care. (K) Required copayments and other cost-sharing mechanisms. (L) Other matters the Commission determines appropriate. (2) Information from federal agencies.--The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out this section. (B) Officers or employees of the united states.-- All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (f) Funding.--The Secretary of Veterans Affairs shall make available to the Commission from amounts appropriated or otherwise made available to the Secretary such amounts as the Secretary and the Chairperson of the Commission jointly consider appropriate for the Commission to perform its duties under this section. (2) Reports.--Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (B) For each recommendation assessed as feasible and advisable under subparagraph (A) the following: (i) Whether such recommendation requires legislative action. (ii) If such recommendation requires legislative action, a recommendation concerning such legislative action. (iv) A description of any administrative action the President intends to be taken to carry out such recommendation and by whom.

SHORT TITLE. SEC. 2. COMMISSION ON ELIGIBILITY. (2) Membership.-- (A) Voting members.--The Commission shall be composed of 15 voting members who are appointed as follows: (i) Three members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran. (iv) Three members appointed by the minority leader of the Senate, at least one of whom shall be a veteran. (v) Three members appointed by the President, at least two of whom shall be veterans. (B) Qualifications.--Of the members appointed under subparagraph (A)-- (i) at least one member shall represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code; (ii) at least one member shall have experience as senior management for a private integrated health care system with an annual gross revenue of more than $50,000,000; (iii) at least one member shall be familiar with government health care systems, including those systems of the Department of Defense, the Indian Health Service, or Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))); and (iv) at least one member shall be familiar with the Veterans Health Administration but shall not be currently employed by the Veterans Health Administration. (C) Date.--The appointments of members of the Commission shall be made not later than one year after the date of the enactment of this Act. (B) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (5) Meetings.--The Commission shall meet at the call of the Chairperson. (6) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. The Commission shall select a Vice Chairperson from among its members. (b) Duties of Commission.-- (1) Evaluation and assessment.--The Commission shall undertake a comprehensive evaluation and assessment of eligibility to receive health care from the Department of Veterans Affairs. (C) Eligibility of veterans with non-service- connected conditions. (D) Eligibility of veterans who have other insurance or health care coverage (including Medicare and TRICARE). (E) Eligibility of veterans exposed to combat. (F) Eligibility of veterans exposed to toxic substances or radiation. (G) Eligibility of veterans with discharges under conditions other than honorable. (H) Eligibility for long-term care. (I) Eligibility for mental health care. (J) Assigned priority for care. (K) Required copayments and other cost-sharing mechanisms. (L) Other matters the Commission determines appropriate. (2) Information from federal agencies.--The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairperson of the Commission, the head of such agency shall furnish such information to the Commission. (B) Officers or employees of the united states.-- All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (f) Funding.--The Secretary of Veterans Affairs shall make available to the Commission from amounts appropriated or otherwise made available to the Secretary such amounts as the Secretary and the Chairperson of the Commission jointly consider appropriate for the Commission to perform its duties under this section. (2) Reports.--Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (B) For each recommendation assessed as feasible and advisable under subparagraph (A) the following: (i) Whether such recommendation requires legislative action. (ii) If such recommendation requires legislative action, a recommendation concerning such legislative action. (iv) A description of any administrative action the President intends to be taken to carry out such recommendation and by whom.

To establish an advisory commission regarding eligibility for health care furnished by the Secretary of Veterans Affairs. iv) Three members appointed by the minority leader of the Senate, at least one of whom shall be a veteran. ( C) Date.--The appointments of members of the Commission shall be made not later than one year after the date of the enactment of this Act. ( 4) Initial meeting.--Not later than 15 days after the date on which eight voting members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings.--The Commission shall meet at the call of the Chairperson. ( B) Eligibility of veterans with service-connected conditions. ( G) Eligibility of veterans with discharges under conditions other than honorable. ( H) Eligibility for long-term care. ( (3) Reports.--The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: (A) Not later than 90 days after the date of the initial meeting of the Commission, an interim report on-- (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to revise and simplify eligibility to receive health care from the Department of Veterans Affairs. ( c) Powers of the Commission.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. ( (d) Commission Personnel Matters.-- (1) Compensation of members.-- (A) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. ( 2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ( (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ( e) Termination of the Commission.--The Commission shall terminate 30 days after the date on which the Commission submits the report under subsection (b)(3)(B). ( (g) Executive Action.-- (1) Action on recommendations.--The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President-- (A) considers feasible and advisable; and (B) determines can be implemented without further legislative action. ( 2) Reports.--Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (

To establish an advisory commission regarding eligibility for health care furnished by the Secretary of Veterans Affairs. iv) Three members appointed by the minority leader of the Senate, at least one of whom shall be a veteran. ( (C) Date.--The appointments of members of the Commission shall be made not later than one year after the date of the enactment of this Act. ( 3) Period of appointment.-- (A) In general.--Members shall be appointed for the life of the Commission. ( b) Duties of Commission.-- (1) Evaluation and assessment.--The Commission shall undertake a comprehensive evaluation and assessment of eligibility to receive health care from the Department of Veterans Affairs. ( B) Eligibility of veterans with service-connected conditions. ( H) Eligibility for long-term care. ( (3) Reports.--The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: (A) Not later than 90 days after the date of the initial meeting of the Commission, an interim report on-- (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to revise and simplify eligibility to receive health care from the Department of Veterans Affairs. ( d) Commission Personnel Matters.-- (1) Compensation of members.-- (A) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. ( (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ( B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ( (g) Executive Action.-- (1) Action on recommendations.--The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President-- (A) considers feasible and advisable; and (B) determines can be implemented without further legislative action. ( 2) Reports.--Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (

To establish an advisory commission regarding eligibility for health care furnished by the Secretary of Veterans Affairs. iv) Three members appointed by the minority leader of the Senate, at least one of whom shall be a veteran. ( (C) Date.--The appointments of members of the Commission shall be made not later than one year after the date of the enactment of this Act. ( 3) Period of appointment.-- (A) In general.--Members shall be appointed for the life of the Commission. ( b) Duties of Commission.-- (1) Evaluation and assessment.--The Commission shall undertake a comprehensive evaluation and assessment of eligibility to receive health care from the Department of Veterans Affairs. ( B) Eligibility of veterans with service-connected conditions. ( H) Eligibility for long-term care. ( (3) Reports.--The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: (A) Not later than 90 days after the date of the initial meeting of the Commission, an interim report on-- (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to revise and simplify eligibility to receive health care from the Department of Veterans Affairs. ( d) Commission Personnel Matters.-- (1) Compensation of members.-- (A) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. ( (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ( B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ( (g) Executive Action.-- (1) Action on recommendations.--The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President-- (A) considers feasible and advisable; and (B) determines can be implemented without further legislative action. ( 2) Reports.--Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (

To establish an advisory commission regarding eligibility for health care furnished by the Secretary of Veterans Affairs. iv) Three members appointed by the minority leader of the Senate, at least one of whom shall be a veteran. ( C) Date.--The appointments of members of the Commission shall be made not later than one year after the date of the enactment of this Act. ( 4) Initial meeting.--Not later than 15 days after the date on which eight voting members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings.--The Commission shall meet at the call of the Chairperson. ( B) Eligibility of veterans with service-connected conditions. ( G) Eligibility of veterans with discharges under conditions other than honorable. ( H) Eligibility for long-term care. ( (3) Reports.--The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: (A) Not later than 90 days after the date of the initial meeting of the Commission, an interim report on-- (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to revise and simplify eligibility to receive health care from the Department of Veterans Affairs. ( c) Powers of the Commission.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. ( (d) Commission Personnel Matters.-- (1) Compensation of members.-- (A) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. ( 2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ( (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ( e) Termination of the Commission.--The Commission shall terminate 30 days after the date on which the Commission submits the report under subsection (b)(3)(B). ( (g) Executive Action.-- (1) Action on recommendations.--The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President-- (A) considers feasible and advisable; and (B) determines can be implemented without further legislative action. ( 2) Reports.--Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (

To establish an advisory commission regarding eligibility for health care furnished by the Secretary of Veterans Affairs. iv) Three members appointed by the minority leader of the Senate, at least one of whom shall be a veteran. ( (C) Date.--The appointments of members of the Commission shall be made not later than one year after the date of the enactment of this Act. ( 3) Period of appointment.-- (A) In general.--Members shall be appointed for the life of the Commission. ( b) Duties of Commission.-- (1) Evaluation and assessment.--The Commission shall undertake a comprehensive evaluation and assessment of eligibility to receive health care from the Department of Veterans Affairs. ( B) Eligibility of veterans with service-connected conditions. ( H) Eligibility for long-term care. ( (3) Reports.--The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: (A) Not later than 90 days after the date of the initial meeting of the Commission, an interim report on-- (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to revise and simplify eligibility to receive health care from the Department of Veterans Affairs. ( d) Commission Personnel Matters.-- (1) Compensation of members.-- (A) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. ( (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ( B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ( (g) Executive Action.-- (1) Action on recommendations.--The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President-- (A) considers feasible and advisable; and (B) determines can be implemented without further legislative action. ( 2) Reports.--Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (

To establish an advisory commission regarding eligibility for health care furnished by the Secretary of Veterans Affairs. iv) Three members appointed by the minority leader of the Senate, at least one of whom shall be a veteran. ( C) Date.--The appointments of members of the Commission shall be made not later than one year after the date of the enactment of this Act. ( 4) Initial meeting.--Not later than 15 days after the date on which eight voting members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings.--The Commission shall meet at the call of the Chairperson. ( B) Eligibility of veterans with service-connected conditions. ( G) Eligibility of veterans with discharges under conditions other than honorable. ( H) Eligibility for long-term care. ( (3) Reports.--The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: (A) Not later than 90 days after the date of the initial meeting of the Commission, an interim report on-- (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to revise and simplify eligibility to receive health care from the Department of Veterans Affairs. ( c) Powers of the Commission.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. ( (d) Commission Personnel Matters.-- (1) Compensation of members.-- (A) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. ( 2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ( (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ( e) Termination of the Commission.--The Commission shall terminate 30 days after the date on which the Commission submits the report under subsection (b)(3)(B). ( (g) Executive Action.-- (1) Action on recommendations.--The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President-- (A) considers feasible and advisable; and (B) determines can be implemented without further legislative action. ( 2) Reports.--Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (

To establish an advisory commission regarding eligibility for health care furnished by the Secretary of Veterans Affairs. 3) Period of appointment.-- (A) In general.--Members shall be appointed for the life of the Commission. ( ( B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ( ( g) Executive Action.-- (1) Action on recommendations.--The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President-- (A) considers feasible and advisable; and (B) determines can be implemented without further legislative action. (

To establish an advisory commission regarding eligibility for health care furnished by the Secretary of Veterans Affairs. 3) Reports.--The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: (A) Not later than 90 days after the date of the initial meeting of the Commission, an interim report on-- (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to revise and simplify eligibility to receive health care from the Department of Veterans Affairs. ( c) Powers of the Commission.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. ( ( d) Commission Personnel Matters.-- (1) Compensation of members.-- (A) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. ( ( (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ( 2) Reports.--Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (

To establish an advisory commission regarding eligibility for health care furnished by the Secretary of Veterans Affairs. 3) Period of appointment.-- (A) In general.--Members shall be appointed for the life of the Commission. ( ( B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ( ( g) Executive Action.-- (1) Action on recommendations.--The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President-- (A) considers feasible and advisable; and (B) determines can be implemented without further legislative action. (

To establish an advisory commission regarding eligibility for health care furnished by the Secretary of Veterans Affairs. 3) Reports.--The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: (A) Not later than 90 days after the date of the initial meeting of the Commission, an interim report on-- (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to revise and simplify eligibility to receive health care from the Department of Veterans Affairs. ( c) Powers of the Commission.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. ( ( d) Commission Personnel Matters.-- (1) Compensation of members.-- (A) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. ( ( (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ( 2) Reports.--Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (

Modernizing Veterans' Health Care Eligibility Act - Establishes the Commission on Eligability to examine eligibility for health care from the Department of Veterans Affairs. Directs the Commission to undertake a comprehensive evaluation and assessment of eligibility to receive VA health care. (Sec. 2) Requires the President to establish an advisory commission to report to the Congress on matters regarding eligibility for VA health Directs the President to require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted by the Chairperson of the Commission that the President considers feasible and advisable and determines can be implemented without further legislative action. (Sec. 3) Authorizes the Chair to: (1) appoint and terminate an executive director and such

S.27

Science, Technology, Communications

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

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

See Something, Say Something Online Act of 2021

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

See Something, Say Something Online Act of 2021

Sen. Manchin, Joe, III

D

WV

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

SENSE OF CONGRESS. 230) (commonly known as the ``Communications Decency Act of 1996'') was never intended to provide legal protection for websites or interactive computer services that do nothing after becoming aware of instances of individuals or groups planning, committing, promoting, and facilitating terrorism, serious drug offenses, and violent crimes; (2) it is not the intent of this Act to remove or strip all liability protection from websites or interactive computer services that are proactively working to resolve these issues; and (3) should websites or interactive service providers fail to exercise due care in the implementation, filing of the suspicious transmission activity reports, and reporting of major crimes, Congress intends to look at removing liability protections under the Communications Decency Act of 1996 in its entirety. 3. (2) Interactive computer service.--The term ``interactive computer service'' has the meaning given the term in section 230 of the Communications Act of 1934 (47 U.S.C. (4) Major crime.--The term ``major crime'' means a Federal criminal offense-- (A) that is a crime of violence (as defined in section 16 of title 18, United States Code); (B) relating to domestic or international terrorism (as those terms are defined in section 2331 of title 18, United States Code); and (C) that is a serious drug offense (as defined in section 924(e) of title 18, United States Code). (6) Suspicious transmission.--The term ``suspicious transmission'' means any public or private post, message, comment, tag, transaction, or any other user-generated content or transmission that commits, facilitates, incites, promotes, or otherwise assists the commission of a major crime. REPORTING OF SUSPICIOUS ACTIVITY. (2) Designated agency.-- (A) In general.--In carrying out this section, the Attorney General shall designate an agency within the Department, or, if the Attorney General determines appropriate, establish a new agency within the Department, to which STARs should be submitted under subsection (a). (C) Cooperation with industry.--The agency designated or established under subparagraph (A)-- (i) may conduct training for enforcement agencies and for providers of interactive computer services on how to cooperate in reporting suspicious activity; (ii) may develop relationships for promotion of reporting mechanisms and resources available on the centralized online resource required to be established under subparagraph (B); and (iii) shall coordinate with the National White Collar Crime Center to convene experts to design training programs for State and local law enforcement agencies, which may include using social media, online ads, paid placements, and partnering with expert non- profit organizations to promote awareness and engage with the public. (2) Limitation.--The Attorney General may only make a STAR available under paragraph (1) for law enforcement purposes. (h) Rulemaking Authority.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out this section. SEC. 5. ``(B) Failure to comply.--Any provider of an interactive computer service that fails to report a known suspicious transmission may be held liable as a publisher for the related suspicious transmission.

SENSE OF CONGRESS. 3. (2) Interactive computer service.--The term ``interactive computer service'' has the meaning given the term in section 230 of the Communications Act of 1934 (47 U.S.C. (4) Major crime.--The term ``major crime'' means a Federal criminal offense-- (A) that is a crime of violence (as defined in section 16 of title 18, United States Code); (B) relating to domestic or international terrorism (as those terms are defined in section 2331 of title 18, United States Code); and (C) that is a serious drug offense (as defined in section 924(e) of title 18, United States Code). (6) Suspicious transmission.--The term ``suspicious transmission'' means any public or private post, message, comment, tag, transaction, or any other user-generated content or transmission that commits, facilitates, incites, promotes, or otherwise assists the commission of a major crime. REPORTING OF SUSPICIOUS ACTIVITY. (2) Designated agency.-- (A) In general.--In carrying out this section, the Attorney General shall designate an agency within the Department, or, if the Attorney General determines appropriate, establish a new agency within the Department, to which STARs should be submitted under subsection (a). (2) Limitation.--The Attorney General may only make a STAR available under paragraph (1) for law enforcement purposes. (h) Rulemaking Authority.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out this section. SEC. 5. ``(B) Failure to comply.--Any provider of an interactive computer service that fails to report a known suspicious transmission may be held liable as a publisher for the related suspicious transmission.

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 ``See Something, Say Something Online Act of 2021''. SENSE OF CONGRESS. 230) (commonly known as the ``Communications Decency Act of 1996'') was never intended to provide legal protection for websites or interactive computer services that do nothing after becoming aware of instances of individuals or groups planning, committing, promoting, and facilitating terrorism, serious drug offenses, and violent crimes; (2) it is not the intent of this Act to remove or strip all liability protection from websites or interactive computer services that are proactively working to resolve these issues; and (3) should websites or interactive service providers fail to exercise due care in the implementation, filing of the suspicious transmission activity reports, and reporting of major crimes, Congress intends to look at removing liability protections under the Communications Decency Act of 1996 in its entirety. 3. DEFINITIONS. (2) Interactive computer service.--The term ``interactive computer service'' has the meaning given the term in section 230 of the Communications Act of 1934 (47 U.S.C. (4) Major crime.--The term ``major crime'' means a Federal criminal offense-- (A) that is a crime of violence (as defined in section 16 of title 18, United States Code); (B) relating to domestic or international terrorism (as those terms are defined in section 2331 of title 18, United States Code); and (C) that is a serious drug offense (as defined in section 924(e) of title 18, United States Code). (6) Suspicious transmission.--The term ``suspicious transmission'' means any public or private post, message, comment, tag, transaction, or any other user-generated content or transmission that commits, facilitates, incites, promotes, or otherwise assists the commission of a major crime. REPORTING OF SUSPICIOUS ACTIVITY. (B) Immediate notification.--In the case of a suspicious transmission that requires immediate attention, such as an active sale or solicitation of sale of drugs or a threat of terrorist activity, the provider of an interactive computer service shall-- (i) immediately notify, by telephone, an appropriate law enforcement authority; and (ii) file a STAR in accordance with this section. (C) Delay of submission.--The 30-day period described in subparagraph (A) may be extended by 30 days if the provider of an interactive computer service provides a valid reason to the agency designated or established under subsection (b)(2). (2) Designated agency.-- (A) In general.--In carrying out this section, the Attorney General shall designate an agency within the Department, or, if the Attorney General determines appropriate, establish a new agency within the Department, to which STARs should be submitted under subsection (a). (C) Cooperation with industry.--The agency designated or established under subparagraph (A)-- (i) may conduct training for enforcement agencies and for providers of interactive computer services on how to cooperate in reporting suspicious activity; (ii) may develop relationships for promotion of reporting mechanisms and resources available on the centralized online resource required to be established under subparagraph (B); and (iii) shall coordinate with the National White Collar Crime Center to convene experts to design training programs for State and local law enforcement agencies, which may include using social media, online ads, paid placements, and partnering with expert non- profit organizations to promote awareness and engage with the public. (2) Nondisclosure.--Except as otherwise prescribed by the Attorney General, no provider of an interactive computer service, or officer, director, employee, or agent of such a provider, subject to an order under subsection (a) may disclose the existence of, or terms of, the order to any person. (2) Limitation.--The Attorney General may only make a STAR available under paragraph (1) for law enforcement purposes. (g) Application of FOIA.--Any STAR submitted under this section, and any information therein or record thereof, shall be exempt from disclosure under section 552 of title 5, United States Code, or any similar State, local, Tribal, or territorial law. (h) Rulemaking Authority.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out this section. (j) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this Act. SEC. 5. ``(B) Failure to comply.--Any provider of an interactive computer service that fails to report a known suspicious transmission may be held liable as a publisher for the related suspicious transmission.

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

To require reporting of suspicious transmissions in order to assist in criminal investigations and counterintelligence activities relating to international terrorism, and for other purposes. In this Act: (1) Department.--The term ``Department'' means the Department of Justice. (2) Interactive computer service.--The term ``interactive computer service'' has the meaning given the term in section 230 of the Communications Act of 1934 (47 U.S.C. 230). ( 4) Major crime.--The term ``major crime'' means a Federal criminal offense-- (A) that is a crime of violence (as defined in section 16 of title 18, United States Code); (B) relating to domestic or international terrorism (as those terms are defined in section 2331 of title 18, United States Code); and (C) that is a serious drug offense (as defined in section 924(e) of title 18, United States Code). ( (a) Mandatory Reporting of Suspicious Transmissions.-- (1) In general.--If a provider of an interactive computer service detects a suspicious transmission, the interactive computer service, including any director, officer, employee, agent, or representative of such provider, shall submit to the Department a STAR describing the suspicious transmission in accordance with this section. ( 2) Requirements.-- (A) In general.--Except as provided in subparagraph (C), a STAR required to be submitted under paragraph (1) shall be submitted not later than 30 days after the date on which the interactive computer service-- (i) initially detects the suspicious transmission; or (ii) is alerted to the suspicious transmission on the platform of such service. ( (2) Designated agency.-- (A) In general.--In carrying out this section, the Attorney General shall designate an agency within the Department, or, if the Attorney General determines appropriate, establish a new agency within the Department, to which STARs should be submitted under subsection (a). ( B) Consumer reporting.--The agency designated or established under subparagraph (A) shall establish a centralized online resource, which may be used by individual members of the public to report suspicious activity related to major crimes for investigation by the appropriate law enforcement or regulatory agency. ( (c) Contents.--Each STAR submitted under this section shall contain, at a minimum-- (1) the name, location, and other such identification information as submitted by the user to the provider of the interactive computer service; (2) the date and nature of the post, message, comment, tag, transaction, or other user-generated content or transmission detected for suspicious activity such as time, origin, and destination; and (3) any relevant text, information, and metadata related to the suspicious transmission. ( 2) Nondisclosure.--Except as otherwise prescribed by the Attorney General, no provider of an interactive computer service, or officer, director, employee, or agent of such a provider, subject to an order under subsection (a) may disclose the existence of, or terms of, the order to any person. 2) Limitation.--The Attorney General may only make a STAR available under paragraph (1) for law enforcement purposes. ( f) Compliance.--Any provider of an interactive computer service that fails to report a known suspicious transmission shall not be immune from civil or criminal liability for such transmission under section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)). ( (h) Rulemaking Authority.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out this section. ( i) Report.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report describing the plan of the Department for implementation of this Act, including a breakdown of the costs associated with implementation. (

To require reporting of suspicious transmissions in order to assist in criminal investigations and counterintelligence activities relating to international terrorism, and for other purposes. 4) Major crime.--The term ``major crime'' means a Federal criminal offense-- (A) that is a crime of violence (as defined in section 16 of title 18, United States Code); (B) relating to domestic or international terrorism (as those terms are defined in section 2331 of title 18, United States Code); and (C) that is a serious drug offense (as defined in section 924(e) of title 18, United States Code). (5) STAR.--The term ``STAR'' means a suspicious transmission activity report required to be submitted under section 3. ( 2) Requirements.-- (A) In general.--Except as provided in subparagraph (C), a STAR required to be submitted under paragraph (1) shall be submitted not later than 30 days after the date on which the interactive computer service-- (i) initially detects the suspicious transmission; or (ii) is alerted to the suspicious transmission on the platform of such service. ( (B) Consumer reporting.--The agency designated or established under subparagraph (A) shall establish a centralized online resource, which may be used by individual members of the public to report suspicious activity related to major crimes for investigation by the appropriate law enforcement or regulatory agency. ( c) Contents.--Each STAR submitted under this section shall contain, at a minimum-- (1) the name, location, and other such identification information as submitted by the user to the provider of the interactive computer service; (2) the date and nature of the post, message, comment, tag, transaction, or other user-generated content or transmission detected for suspicious activity such as time, origin, and destination; and (3) any relevant text, information, and metadata related to the suspicious transmission. ( (2) Nondisclosure.--Except as otherwise prescribed by the Attorney General, no provider of an interactive computer service, or officer, director, employee, or agent of such a provider, subject to an order under subsection (a) may disclose the existence of, or terms of, the order to any person. ( g) Application of FOIA.--Any STAR submitted under this section, and any information therein or record thereof, shall be exempt from disclosure under section 552 of title 5, United States Code, or any similar State, local, Tribal, or territorial law. ( (j) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this Act. Section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)) is amended by adding at the end the following: ``(6) Loss of liability protection for failure to submit suspicious transmission activity report.-- ``(A) Requirement.--Any provider of an interactive computer service shall take reasonable steps to prevent or address unlawful users of the service through the reporting of suspicious transmissions.

To require reporting of suspicious transmissions in order to assist in criminal investigations and counterintelligence activities relating to international terrorism, and for other purposes. 4) Major crime.--The term ``major crime'' means a Federal criminal offense-- (A) that is a crime of violence (as defined in section 16 of title 18, United States Code); (B) relating to domestic or international terrorism (as those terms are defined in section 2331 of title 18, United States Code); and (C) that is a serious drug offense (as defined in section 924(e) of title 18, United States Code). (5) STAR.--The term ``STAR'' means a suspicious transmission activity report required to be submitted under section 3. ( 2) Requirements.-- (A) In general.--Except as provided in subparagraph (C), a STAR required to be submitted under paragraph (1) shall be submitted not later than 30 days after the date on which the interactive computer service-- (i) initially detects the suspicious transmission; or (ii) is alerted to the suspicious transmission on the platform of such service. ( (B) Consumer reporting.--The agency designated or established under subparagraph (A) shall establish a centralized online resource, which may be used by individual members of the public to report suspicious activity related to major crimes for investigation by the appropriate law enforcement or regulatory agency. ( c) Contents.--Each STAR submitted under this section shall contain, at a minimum-- (1) the name, location, and other such identification information as submitted by the user to the provider of the interactive computer service; (2) the date and nature of the post, message, comment, tag, transaction, or other user-generated content or transmission detected for suspicious activity such as time, origin, and destination; and (3) any relevant text, information, and metadata related to the suspicious transmission. ( (2) Nondisclosure.--Except as otherwise prescribed by the Attorney General, no provider of an interactive computer service, or officer, director, employee, or agent of such a provider, subject to an order under subsection (a) may disclose the existence of, or terms of, the order to any person. ( g) Application of FOIA.--Any STAR submitted under this section, and any information therein or record thereof, shall be exempt from disclosure under section 552 of title 5, United States Code, or any similar State, local, Tribal, or territorial law. ( (j) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this Act. Section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)) is amended by adding at the end the following: ``(6) Loss of liability protection for failure to submit suspicious transmission activity report.-- ``(A) Requirement.--Any provider of an interactive computer service shall take reasonable steps to prevent or address unlawful users of the service through the reporting of suspicious transmissions.

To require reporting of suspicious transmissions in order to assist in criminal investigations and counterintelligence activities relating to international terrorism, and for other purposes. In this Act: (1) Department.--The term ``Department'' means the Department of Justice. (2) Interactive computer service.--The term ``interactive computer service'' has the meaning given the term in section 230 of the Communications Act of 1934 (47 U.S.C. 230). ( 4) Major crime.--The term ``major crime'' means a Federal criminal offense-- (A) that is a crime of violence (as defined in section 16 of title 18, United States Code); (B) relating to domestic or international terrorism (as those terms are defined in section 2331 of title 18, United States Code); and (C) that is a serious drug offense (as defined in section 924(e) of title 18, United States Code). ( (a) Mandatory Reporting of Suspicious Transmissions.-- (1) In general.--If a provider of an interactive computer service detects a suspicious transmission, the interactive computer service, including any director, officer, employee, agent, or representative of such provider, shall submit to the Department a STAR describing the suspicious transmission in accordance with this section. ( 2) Requirements.-- (A) In general.--Except as provided in subparagraph (C), a STAR required to be submitted under paragraph (1) shall be submitted not later than 30 days after the date on which the interactive computer service-- (i) initially detects the suspicious transmission; or (ii) is alerted to the suspicious transmission on the platform of such service. ( (2) Designated agency.-- (A) In general.--In carrying out this section, the Attorney General shall designate an agency within the Department, or, if the Attorney General determines appropriate, establish a new agency within the Department, to which STARs should be submitted under subsection (a). ( B) Consumer reporting.--The agency designated or established under subparagraph (A) shall establish a centralized online resource, which may be used by individual members of the public to report suspicious activity related to major crimes for investigation by the appropriate law enforcement or regulatory agency. ( (c) Contents.--Each STAR submitted under this section shall contain, at a minimum-- (1) the name, location, and other such identification information as submitted by the user to the provider of the interactive computer service; (2) the date and nature of the post, message, comment, tag, transaction, or other user-generated content or transmission detected for suspicious activity such as time, origin, and destination; and (3) any relevant text, information, and metadata related to the suspicious transmission. ( 2) Nondisclosure.--Except as otherwise prescribed by the Attorney General, no provider of an interactive computer service, or officer, director, employee, or agent of such a provider, subject to an order under subsection (a) may disclose the existence of, or terms of, the order to any person. 2) Limitation.--The Attorney General may only make a STAR available under paragraph (1) for law enforcement purposes. ( f) Compliance.--Any provider of an interactive computer service that fails to report a known suspicious transmission shall not be immune from civil or criminal liability for such transmission under section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)). ( (h) Rulemaking Authority.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out this section. ( i) Report.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report describing the plan of the Department for implementation of this Act, including a breakdown of the costs associated with implementation. (

To require reporting of suspicious transmissions in order to assist in criminal investigations and counterintelligence activities relating to international terrorism, and for other purposes. 4) Major crime.--The term ``major crime'' means a Federal criminal offense-- (A) that is a crime of violence (as defined in section 16 of title 18, United States Code); (B) relating to domestic or international terrorism (as those terms are defined in section 2331 of title 18, United States Code); and (C) that is a serious drug offense (as defined in section 924(e) of title 18, United States Code). (5) STAR.--The term ``STAR'' means a suspicious transmission activity report required to be submitted under section 3. ( 2) Requirements.-- (A) In general.--Except as provided in subparagraph (C), a STAR required to be submitted under paragraph (1) shall be submitted not later than 30 days after the date on which the interactive computer service-- (i) initially detects the suspicious transmission; or (ii) is alerted to the suspicious transmission on the platform of such service. ( (B) Consumer reporting.--The agency designated or established under subparagraph (A) shall establish a centralized online resource, which may be used by individual members of the public to report suspicious activity related to major crimes for investigation by the appropriate law enforcement or regulatory agency. ( c) Contents.--Each STAR submitted under this section shall contain, at a minimum-- (1) the name, location, and other such identification information as submitted by the user to the provider of the interactive computer service; (2) the date and nature of the post, message, comment, tag, transaction, or other user-generated content or transmission detected for suspicious activity such as time, origin, and destination; and (3) any relevant text, information, and metadata related to the suspicious transmission. ( (2) Nondisclosure.--Except as otherwise prescribed by the Attorney General, no provider of an interactive computer service, or officer, director, employee, or agent of such a provider, subject to an order under subsection (a) may disclose the existence of, or terms of, the order to any person. ( g) Application of FOIA.--Any STAR submitted under this section, and any information therein or record thereof, shall be exempt from disclosure under section 552 of title 5, United States Code, or any similar State, local, Tribal, or territorial law. ( (j) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this Act. Section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)) is amended by adding at the end the following: ``(6) Loss of liability protection for failure to submit suspicious transmission activity report.-- ``(A) Requirement.--Any provider of an interactive computer service shall take reasonable steps to prevent or address unlawful users of the service through the reporting of suspicious transmissions.

To require reporting of suspicious transmissions in order to assist in criminal investigations and counterintelligence activities relating to international terrorism, and for other purposes. In this Act: (1) Department.--The term ``Department'' means the Department of Justice. (2) Interactive computer service.--The term ``interactive computer service'' has the meaning given the term in section 230 of the Communications Act of 1934 (47 U.S.C. 230). ( 4) Major crime.--The term ``major crime'' means a Federal criminal offense-- (A) that is a crime of violence (as defined in section 16 of title 18, United States Code); (B) relating to domestic or international terrorism (as those terms are defined in section 2331 of title 18, United States Code); and (C) that is a serious drug offense (as defined in section 924(e) of title 18, United States Code). ( (a) Mandatory Reporting of Suspicious Transmissions.-- (1) In general.--If a provider of an interactive computer service detects a suspicious transmission, the interactive computer service, including any director, officer, employee, agent, or representative of such provider, shall submit to the Department a STAR describing the suspicious transmission in accordance with this section. ( 2) Requirements.-- (A) In general.--Except as provided in subparagraph (C), a STAR required to be submitted under paragraph (1) shall be submitted not later than 30 days after the date on which the interactive computer service-- (i) initially detects the suspicious transmission; or (ii) is alerted to the suspicious transmission on the platform of such service. ( (2) Designated agency.-- (A) In general.--In carrying out this section, the Attorney General shall designate an agency within the Department, or, if the Attorney General determines appropriate, establish a new agency within the Department, to which STARs should be submitted under subsection (a). ( B) Consumer reporting.--The agency designated or established under subparagraph (A) shall establish a centralized online resource, which may be used by individual members of the public to report suspicious activity related to major crimes for investigation by the appropriate law enforcement or regulatory agency. ( (c) Contents.--Each STAR submitted under this section shall contain, at a minimum-- (1) the name, location, and other such identification information as submitted by the user to the provider of the interactive computer service; (2) the date and nature of the post, message, comment, tag, transaction, or other user-generated content or transmission detected for suspicious activity such as time, origin, and destination; and (3) any relevant text, information, and metadata related to the suspicious transmission. ( 2) Nondisclosure.--Except as otherwise prescribed by the Attorney General, no provider of an interactive computer service, or officer, director, employee, or agent of such a provider, subject to an order under subsection (a) may disclose the existence of, or terms of, the order to any person. 2) Limitation.--The Attorney General may only make a STAR available under paragraph (1) for law enforcement purposes. ( f) Compliance.--Any provider of an interactive computer service that fails to report a known suspicious transmission shall not be immune from civil or criminal liability for such transmission under section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)). ( (h) Rulemaking Authority.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out this section. ( i) Report.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report describing the plan of the Department for implementation of this Act, including a breakdown of the costs associated with implementation. (

To require reporting of suspicious transmissions in order to assist in criminal investigations and counterintelligence activities relating to international terrorism, and for other purposes. 4) Major crime.--The term ``major crime'' means a Federal criminal offense-- (A) that is a crime of violence (as defined in section 16 of title 18, United States Code); (B) relating to domestic or international terrorism (as those terms are defined in section 2331 of title 18, United States Code); and (C) that is a serious drug offense (as defined in section 924(e) of title 18, United States Code). (5) STAR.--The term ``STAR'' means a suspicious transmission activity report required to be submitted under section 3. ( 2) Requirements.-- (A) In general.--Except as provided in subparagraph (C), a STAR required to be submitted under paragraph (1) shall be submitted not later than 30 days after the date on which the interactive computer service-- (i) initially detects the suspicious transmission; or (ii) is alerted to the suspicious transmission on the platform of such service. ( (B) Consumer reporting.--The agency designated or established under subparagraph (A) shall establish a centralized online resource, which may be used by individual members of the public to report suspicious activity related to major crimes for investigation by the appropriate law enforcement or regulatory agency. ( c) Contents.--Each STAR submitted under this section shall contain, at a minimum-- (1) the name, location, and other such identification information as submitted by the user to the provider of the interactive computer service; (2) the date and nature of the post, message, comment, tag, transaction, or other user-generated content or transmission detected for suspicious activity such as time, origin, and destination; and (3) any relevant text, information, and metadata related to the suspicious transmission. ( (2) Nondisclosure.--Except as otherwise prescribed by the Attorney General, no provider of an interactive computer service, or officer, director, employee, or agent of such a provider, subject to an order under subsection (a) may disclose the existence of, or terms of, the order to any person. ( g) Application of FOIA.--Any STAR submitted under this section, and any information therein or record thereof, shall be exempt from disclosure under section 552 of title 5, United States Code, or any similar State, local, Tribal, or territorial law. ( (j) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this Act. Section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)) is amended by adding at the end the following: ``(6) Loss of liability protection for failure to submit suspicious transmission activity report.-- ``(A) Requirement.--Any provider of an interactive computer service shall take reasonable steps to prevent or address unlawful users of the service through the reporting of suspicious transmissions.

To require reporting of suspicious transmissions in order to assist in criminal investigations and counterintelligence activities relating to international terrorism, and for other purposes. 2) Requirements.-- (A) In general.--Except as provided in subparagraph (C), a STAR required to be submitted under paragraph (1) shall be submitted not later than 30 days after the date on which the interactive computer service-- (i) initially detects the suspicious transmission; or (ii) is alerted to the suspicious transmission on the platform of such service. ( (2) Designated agency.-- (A) In general.--In carrying out this section, the Attorney General shall designate an agency within the Department, or, if the Attorney General determines appropriate, establish a new agency within the Department, to which STARs should be submitted under subsection (a). ( B) Consumer reporting.--The agency designated or established under subparagraph (A) shall establish a centralized online resource, which may be used by individual members of the public to report suspicious activity related to major crimes for investigation by the appropriate law enforcement or regulatory agency. ( ( ( f) Compliance.--Any provider of an interactive computer service that fails to report a known suspicious transmission shall not be immune from civil or criminal liability for such transmission under section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)). ( ( h) Rulemaking Authority.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out this section. (

To require reporting of suspicious transmissions in order to assist in criminal investigations and counterintelligence activities relating to international terrorism, and for other purposes. 2) Requirements.-- (A) In general.--Except as provided in subparagraph (C), a STAR required to be submitted under paragraph (1) shall be submitted not later than 30 days after the date on which the interactive computer service-- (i) initially detects the suspicious transmission; or (ii) is alerted to the suspicious transmission on the platform of such service. ( ( ( g) Application of FOIA.--Any STAR submitted under this section, and any information therein or record thereof, shall be exempt from disclosure under section 552 of title 5, United States Code, or any similar State, local, Tribal, or territorial law. ( ( j) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this Act.

To require reporting of suspicious transmissions in order to assist in criminal investigations and counterintelligence activities relating to international terrorism, and for other purposes. 2) Requirements.-- (A) In general.--Except as provided in subparagraph (C), a STAR required to be submitted under paragraph (1) shall be submitted not later than 30 days after the date on which the interactive computer service-- (i) initially detects the suspicious transmission; or (ii) is alerted to the suspicious transmission on the platform of such service. ( (2) Designated agency.-- (A) In general.--In carrying out this section, the Attorney General shall designate an agency within the Department, or, if the Attorney General determines appropriate, establish a new agency within the Department, to which STARs should be submitted under subsection (a). ( B) Consumer reporting.--The agency designated or established under subparagraph (A) shall establish a centralized online resource, which may be used by individual members of the public to report suspicious activity related to major crimes for investigation by the appropriate law enforcement or regulatory agency. ( ( ( f) Compliance.--Any provider of an interactive computer service that fails to report a known suspicious transmission shall not be immune from civil or criminal liability for such transmission under section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)). ( ( h) Rulemaking Authority.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out this section. (

See Something, Say Something Online Act of 2021 - Expresses the sense of Congress that: (1) section 230 of the Communications Act of 1934 (commonly known as the Communications Decency Act of 1996) was never intended to provide legal protection for websites or interactive computer services that do nothing after becoming aware of instances of individuals or groups planning, committing, promoting, and facilitating terrorism, Amends the Communications Act of 1934 to require each provider of an interactive computer service to: (1) maintain a copy of any suspicious transmission activity report (STAR) submitted under this Act and the original record equivalent of any supporting documentation for the five-year period beginning on the date the STAR was submitted; (2) make all supporting documentation available to the Department of Justice (DOJ

H.R.6843

Labor and Employment

Building Civic Bridges Act This bill establishes an office and pilot grant program within the Corporation for National and Community Service to support civic bridge building, which aims to address local issues and polarization within communities.

To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community 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 ``Building Civic Bridges Act''. SEC. 2. CIVIC BRIDGEBUILDING. Subtitle H of title I of the National and Community Service Act of 1990 (42 U.S.C. 12653 et seq.) is amended by adding at the end the following: ``PART VI--CIVIC BRIDGEBUILDING ``SEC. 198T. OFFICE OF CIVIC BRIDGEBUILDING. ``(a) Establishment and Duties.--Subject to the requirements of section 195(b), the Chief Executive Officer of the Corporation may designate an Officer of Civic Bridgebuilding within the Corporation to administer an Office of Civic Bridgebuilding (in this section referred to as the `Office') to carry out the following: ``(1) Administer the grant program described in subsection (c) to support civic bridgebuilding across the Nation, including establishing standardized criteria to track the effectiveness of projects and activities funded under such program, which shall be based on principles of scientific research. ``(2) Support the Corporation in providing training in civic bridgebuilding skills and techniques (with the consideration and input of best practices collected by the Office)-- ``(A) for participants (including individuals who have been selected to be participants) of a program receiving assistance under a national service law; and ``(B) upon request, for an organization that receives assistance under a national service law or that is carrying out a program in which participants described in subparagraph (A) are participating. ``(3) Select the members of the Advisory Committee under subsection (b). ``(4) Support research and evaluations on civic bridgebuilding and the dissemination of that information, including through-- ``(A) evaluation and oversight of the grant program described in subsection (c); ``(B) collaboration (including through the evaluation of the activities of the Corporation relating to civic bridgebuilding and civic engagement) between the Office and other offices (such as the Office of Research and Evaluation), teams, or individuals within the Corporation as the Corporation determines necessary; and ``(C) the creation of a public research base that monitors national metrics for civic bridgebuilding and convenes research focused on evaluating the extent to which civic bridgebuilding and civic engagement activities strengthen or weaken such bridgebuilding and engagement in the United States. ``(5) Activate a public conversation about the importance of civic bridgebuilding by convening and coordinating civic bridgebuilding programs, providing resources, networking, and collaboration opportunities to the field, which may include-- ``(A) network cultivation to strengthen the community of those involved, interested, or engaged in the civic bridgebuilding field, including through activities such as-- ``(i) in-person and virtual events for the public to showcase impactful practices, bring civic bridgebuilding leaders together, present relevant research, and explore emerging civic bridgebuilding needs; ``(ii) organizing peer-learning opportunities to facilitate conversations within the field of civic bridgebuilding; ``(iii) organizing and distributing lists of civic bridgebuilding leaders, organizations, and groups in the civic bridgebuilding field; and ``(iv) coordinating national communications among civic bridgebuilding leaders, including through the promotion of civic bridgebuilding programs and sharing stories of local impact; and ``(B) developing or distributing resources to expand best practices in the civic bridgebuilding field, including through-- ``(i) the curation of a digital resource hub focused on sharing resources from entities that receive grants under subsection (c), other civic bridgebuilding leaders and programs, or the research base; and ``(ii) the production of new resources, trainings, or best practices based on learnings from the civic bridgebuilding field. ``(b) Advisory Committee.-- ``(1) Establishment.--There is established within the Office of Civic Bridgebuilding an Advisory Committee (in this subsection referred to as the `Committee'). ``(2) Members.-- ``(A) Selection.--The Officer of Civic Bridgebuilding shall select 9 members of an Advisory Committee, including a Chairperson of the Committee, and ensure that such Committee is comprised of civic bridgebuilding leaders who represent diverse ideological, religious, racial, regional, or ethnic communities, and with relevant experience and expertise from the civic bridgebuilding field. ``(B) Terms of service.--A member of the Committee shall serve for a term of 3 years. ``(3) Duties.--The Advisory Committee shall carry out the following: ``(A) Provide advice and consultation to the Officer of Civic Bridgebuilding on the priorities and administration of such Office. ``(B) Conduct an annual review of grants awarded under subsection (c), with a focus to diversity, equity, and inclusion, and identifying any gaps or needs that emerged from previous application cycles. ``(C) Conduct an annual review of the process of awarding grants under subsection (c), including rubrics or metrics for grant selection used by the Officer of Civic Bridgebuilding. ``(D) Review the analysis provided under the peer review process under subsection (c)(5). ``(c) Civic Bridgebuilding Pilot Grant Program.-- ``(1) In general.--From the amounts appropriated to carry out this subsection, the Corporation (acting through the Officer of Civic Bridgebuilding and in consultation with the Advisory Committee established under subsection (b)) shall carry out a pilot program for a 3-year period (with the possibility of renewal for additional 3-year periods) to award grants, on a competitive basis, to eligible entities to support civic bridgebuilding programs across the Nation. ``(2) Grant period.--A grant awarded under this subsection shall be for a 1-year period. There shall be 3 grant cycles under the 3-year pilot program. ``(3) Application.--To be eligible to receive a grant under this subsection, an eligible entity shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require, including-- ``(A) a description of the project that will be funded with the grant; ``(B) an assurance that such project will-- ``(i) provide evidence of engaging diverse communities; ``(ii) facilitate the creation or endurance of civic bridgebuilding or address the root causes of polarization as articulated in the research base; ``(iii) cite research supporting the efficacy and impact of the proposed approach for the project; and ``(iv) ensure physical, social, and psychological safety for all participants involved in the project and provide a description of evidence-based best practices for how this goal will be achieved; and ``(C) an assurance that the eligible entity will report outcomes of such project to track effectiveness based on standardized criteria established by the Office of Civic Bridgebuilding under subsection (a)(1) or will evaluate the impact of such project based on principles of scientific research. ``(4) Uses of funds.--An eligible entity receiving a grant under this subsection shall use such grant to carry out a project to advance civic bridgebuilding in communities across the Nation or address the root causes of polarization as articulated in the research base. ``(5) Peer review process.--The Corporation shall establish a peer review process which shall include consultation with research communities in the civic bridgebuilding field to analyze the process of awarding grants (and the grants that are awarded) under this subsection. ``(d) Comptroller General.--The Comptroller General of the United States shall, on an annual basis, submit to Congress a report, which summarizes and assesses the effectiveness and impact of the activities carried out under grants awarded under subsection (c). ``(e) Definitions.--In this section: ``(1) Civic bridgebuilding.--The term `civic bridgebuilding'-- ``(A) means activities that foster respect between diverse communities, strengthen relationships across lines of difference, and forge a sense of common civic purpose, and which seeks to solve community problems and diminish polarization; and ``(B) includes-- ``(i) activities that take place in local communities, where individuals and institutions come together to build empathy, strengthen belonging, and address local issues; and ``(ii) activities at the field level, where civic bridgebuilding leaders work together to share research and best practices, learn from one another, and grow civic bridgebuilding efforts. ``(2) Civic bridgebuilding leader.--The term `civic bridgebuilding leader' means an individual who leads civic bridgebuilding programs or efforts. ``(3) Civic bridgebuilding program.--The term `civic bridgebuilding program' means a program, project, or activity which embodies or works to achieves the goals of civic bridgebuilding. ``(4) Civic engagement.--The term `civic engagement' means an individual or collective action designed to address a public concern or an unmet human, educational, health care, environmental, or public safety need. ``(5) Eligible entity.--The term `eligible entity' means a nonprofit entity, public institution, elementary school, secondary school, institution of higher education, religious group, or consortium of any such entities. ``(6) Public institution.--The term `public institution' means a library, unit of local government, or other entity expending public funds or performing public functions. ``(7) Research.--The term `research' means research which embodies principles of scientific research. ``(8) Research base.--The term `research base' means any publications that contain observations, analysis, and conclusions based on principles of scientific research with respect to the challenges of political and social polarization in the United States, and practical approaches to strengthen social cohesion, foster a sense of national connection, or improve intergroup relations in divided communities. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2023 through 2025.''. SEC. 3. TABLE OF CONTENTS. The table of contents in section 1(b) of the National and Community Service Act of 1990 (42 U.S.C. 12501 note) is amended by inserting at the end of the item relating to subtitle H of title I, the following: ``Part VI--Civic Bridgebuilding ``Sec. 198T. Office of Civic Bridgebuilding.''. <all>

Building Civic Bridges Act

To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community Service, and for other purposes.

Building Civic Bridges Act

Rep. Kilmer, Derek

D

WA

This bill establishes an office and pilot grant program within the Corporation for National and Community Service to support civic bridge building, which aims to address local issues and polarization within communities.

To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community 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. CIVIC BRIDGEBUILDING. ``(3) Select the members of the Advisory Committee under subsection (b). ``(5) Activate a public conversation about the importance of civic bridgebuilding by convening and coordinating civic bridgebuilding programs, providing resources, networking, and collaboration opportunities to the field, which may include-- ``(A) network cultivation to strengthen the community of those involved, interested, or engaged in the civic bridgebuilding field, including through activities such as-- ``(i) in-person and virtual events for the public to showcase impactful practices, bring civic bridgebuilding leaders together, present relevant research, and explore emerging civic bridgebuilding needs; ``(ii) organizing peer-learning opportunities to facilitate conversations within the field of civic bridgebuilding; ``(iii) organizing and distributing lists of civic bridgebuilding leaders, organizations, and groups in the civic bridgebuilding field; and ``(iv) coordinating national communications among civic bridgebuilding leaders, including through the promotion of civic bridgebuilding programs and sharing stories of local impact; and ``(B) developing or distributing resources to expand best practices in the civic bridgebuilding field, including through-- ``(i) the curation of a digital resource hub focused on sharing resources from entities that receive grants under subsection (c), other civic bridgebuilding leaders and programs, or the research base; and ``(ii) the production of new resources, trainings, or best practices based on learnings from the civic bridgebuilding field. ``(3) Duties.--The Advisory Committee shall carry out the following: ``(A) Provide advice and consultation to the Officer of Civic Bridgebuilding on the priorities and administration of such Office. ``(D) Review the analysis provided under the peer review process under subsection (c)(5). ``(2) Grant period.--A grant awarded under this subsection shall be for a 1-year period. ``(d) Comptroller General.--The Comptroller General of the United States shall, on an annual basis, submit to Congress a report, which summarizes and assesses the effectiveness and impact of the activities carried out under grants awarded under subsection (c). ``(3) Civic bridgebuilding program.--The term `civic bridgebuilding program' means a program, project, or activity which embodies or works to achieves the goals of civic bridgebuilding. ``(4) Civic engagement.--The term `civic engagement' means an individual or collective action designed to address a public concern or an unmet human, educational, health care, environmental, or public safety need. ``(5) Eligible entity.--The term `eligible entity' means a nonprofit entity, public institution, elementary school, secondary school, institution of higher education, religious group, or consortium of any such entities. ``(6) Public institution.--The term `public institution' means a library, unit of local government, or other entity expending public funds or performing public functions. ``(7) Research.--The term `research' means research which embodies principles of scientific research. SEC. 3. TABLE OF CONTENTS. 198T.

To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community 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. CIVIC BRIDGEBUILDING. ``(3) Select the members of the Advisory Committee under subsection (b). ``(5) Activate a public conversation about the importance of civic bridgebuilding by convening and coordinating civic bridgebuilding programs, providing resources, networking, and collaboration opportunities to the field, which may include-- ``(A) network cultivation to strengthen the community of those involved, interested, or engaged in the civic bridgebuilding field, including through activities such as-- ``(i) in-person and virtual events for the public to showcase impactful practices, bring civic bridgebuilding leaders together, present relevant research, and explore emerging civic bridgebuilding needs; ``(ii) organizing peer-learning opportunities to facilitate conversations within the field of civic bridgebuilding; ``(iii) organizing and distributing lists of civic bridgebuilding leaders, organizations, and groups in the civic bridgebuilding field; and ``(iv) coordinating national communications among civic bridgebuilding leaders, including through the promotion of civic bridgebuilding programs and sharing stories of local impact; and ``(B) developing or distributing resources to expand best practices in the civic bridgebuilding field, including through-- ``(i) the curation of a digital resource hub focused on sharing resources from entities that receive grants under subsection (c), other civic bridgebuilding leaders and programs, or the research base; and ``(ii) the production of new resources, trainings, or best practices based on learnings from the civic bridgebuilding field. ``(D) Review the analysis provided under the peer review process under subsection (c)(5). ``(2) Grant period.--A grant awarded under this subsection shall be for a 1-year period. ``(3) Civic bridgebuilding program.--The term `civic bridgebuilding program' means a program, project, or activity which embodies or works to achieves the goals of civic bridgebuilding. ``(6) Public institution.--The term `public institution' means a library, unit of local government, or other entity expending public funds or performing public functions. ``(7) Research.--The term `research' means research which embodies principles of scientific research. SEC. 3. TABLE OF CONTENTS. 198T.

To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community 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. CIVIC BRIDGEBUILDING. 12653 et seq.) ``(2) Support the Corporation in providing training in civic bridgebuilding skills and techniques (with the consideration and input of best practices collected by the Office)-- ``(A) for participants (including individuals who have been selected to be participants) of a program receiving assistance under a national service law; and ``(B) upon request, for an organization that receives assistance under a national service law or that is carrying out a program in which participants described in subparagraph (A) are participating. ``(3) Select the members of the Advisory Committee under subsection (b). ``(5) Activate a public conversation about the importance of civic bridgebuilding by convening and coordinating civic bridgebuilding programs, providing resources, networking, and collaboration opportunities to the field, which may include-- ``(A) network cultivation to strengthen the community of those involved, interested, or engaged in the civic bridgebuilding field, including through activities such as-- ``(i) in-person and virtual events for the public to showcase impactful practices, bring civic bridgebuilding leaders together, present relevant research, and explore emerging civic bridgebuilding needs; ``(ii) organizing peer-learning opportunities to facilitate conversations within the field of civic bridgebuilding; ``(iii) organizing and distributing lists of civic bridgebuilding leaders, organizations, and groups in the civic bridgebuilding field; and ``(iv) coordinating national communications among civic bridgebuilding leaders, including through the promotion of civic bridgebuilding programs and sharing stories of local impact; and ``(B) developing or distributing resources to expand best practices in the civic bridgebuilding field, including through-- ``(i) the curation of a digital resource hub focused on sharing resources from entities that receive grants under subsection (c), other civic bridgebuilding leaders and programs, or the research base; and ``(ii) the production of new resources, trainings, or best practices based on learnings from the civic bridgebuilding field. ``(3) Duties.--The Advisory Committee shall carry out the following: ``(A) Provide advice and consultation to the Officer of Civic Bridgebuilding on the priorities and administration of such Office. ``(B) Conduct an annual review of grants awarded under subsection (c), with a focus to diversity, equity, and inclusion, and identifying any gaps or needs that emerged from previous application cycles. ``(D) Review the analysis provided under the peer review process under subsection (c)(5). ``(2) Grant period.--A grant awarded under this subsection shall be for a 1-year period. ``(d) Comptroller General.--The Comptroller General of the United States shall, on an annual basis, submit to Congress a report, which summarizes and assesses the effectiveness and impact of the activities carried out under grants awarded under subsection (c). ``(3) Civic bridgebuilding program.--The term `civic bridgebuilding program' means a program, project, or activity which embodies or works to achieves the goals of civic bridgebuilding. ``(4) Civic engagement.--The term `civic engagement' means an individual or collective action designed to address a public concern or an unmet human, educational, health care, environmental, or public safety need. ``(5) Eligible entity.--The term `eligible entity' means a nonprofit entity, public institution, elementary school, secondary school, institution of higher education, religious group, or consortium of any such entities. ``(6) Public institution.--The term `public institution' means a library, unit of local government, or other entity expending public funds or performing public functions. ``(7) Research.--The term `research' means research which embodies principles of scientific research. ``(8) Research base.--The term `research base' means any publications that contain observations, analysis, and conclusions based on principles of scientific research with respect to the challenges of political and social polarization in the United States, and practical approaches to strengthen social cohesion, foster a sense of national connection, or improve intergroup relations in divided communities. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2023 through 2025.''. SEC. 3. TABLE OF CONTENTS. 12501 note) is amended by inserting at the end of the item relating to subtitle H of title I, the following: ``Part VI--Civic Bridgebuilding ``Sec. 198T.

To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community 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 ``Building Civic Bridges Act''. CIVIC BRIDGEBUILDING. 12653 et seq.) ``(2) Support the Corporation in providing training in civic bridgebuilding skills and techniques (with the consideration and input of best practices collected by the Office)-- ``(A) for participants (including individuals who have been selected to be participants) of a program receiving assistance under a national service law; and ``(B) upon request, for an organization that receives assistance under a national service law or that is carrying out a program in which participants described in subparagraph (A) are participating. ``(3) Select the members of the Advisory Committee under subsection (b). ``(4) Support research and evaluations on civic bridgebuilding and the dissemination of that information, including through-- ``(A) evaluation and oversight of the grant program described in subsection (c); ``(B) collaboration (including through the evaluation of the activities of the Corporation relating to civic bridgebuilding and civic engagement) between the Office and other offices (such as the Office of Research and Evaluation), teams, or individuals within the Corporation as the Corporation determines necessary; and ``(C) the creation of a public research base that monitors national metrics for civic bridgebuilding and convenes research focused on evaluating the extent to which civic bridgebuilding and civic engagement activities strengthen or weaken such bridgebuilding and engagement in the United States. ``(5) Activate a public conversation about the importance of civic bridgebuilding by convening and coordinating civic bridgebuilding programs, providing resources, networking, and collaboration opportunities to the field, which may include-- ``(A) network cultivation to strengthen the community of those involved, interested, or engaged in the civic bridgebuilding field, including through activities such as-- ``(i) in-person and virtual events for the public to showcase impactful practices, bring civic bridgebuilding leaders together, present relevant research, and explore emerging civic bridgebuilding needs; ``(ii) organizing peer-learning opportunities to facilitate conversations within the field of civic bridgebuilding; ``(iii) organizing and distributing lists of civic bridgebuilding leaders, organizations, and groups in the civic bridgebuilding field; and ``(iv) coordinating national communications among civic bridgebuilding leaders, including through the promotion of civic bridgebuilding programs and sharing stories of local impact; and ``(B) developing or distributing resources to expand best practices in the civic bridgebuilding field, including through-- ``(i) the curation of a digital resource hub focused on sharing resources from entities that receive grants under subsection (c), other civic bridgebuilding leaders and programs, or the research base; and ``(ii) the production of new resources, trainings, or best practices based on learnings from the civic bridgebuilding field. ``(b) Advisory Committee.-- ``(1) Establishment.--There is established within the Office of Civic Bridgebuilding an Advisory Committee (in this subsection referred to as the `Committee'). ``(2) Members.-- ``(A) Selection.--The Officer of Civic Bridgebuilding shall select 9 members of an Advisory Committee, including a Chairperson of the Committee, and ensure that such Committee is comprised of civic bridgebuilding leaders who represent diverse ideological, religious, racial, regional, or ethnic communities, and with relevant experience and expertise from the civic bridgebuilding field. ``(3) Duties.--The Advisory Committee shall carry out the following: ``(A) Provide advice and consultation to the Officer of Civic Bridgebuilding on the priorities and administration of such Office. ``(B) Conduct an annual review of grants awarded under subsection (c), with a focus to diversity, equity, and inclusion, and identifying any gaps or needs that emerged from previous application cycles. ``(D) Review the analysis provided under the peer review process under subsection (c)(5). ``(2) Grant period.--A grant awarded under this subsection shall be for a 1-year period. ``(4) Uses of funds.--An eligible entity receiving a grant under this subsection shall use such grant to carry out a project to advance civic bridgebuilding in communities across the Nation or address the root causes of polarization as articulated in the research base. ``(d) Comptroller General.--The Comptroller General of the United States shall, on an annual basis, submit to Congress a report, which summarizes and assesses the effectiveness and impact of the activities carried out under grants awarded under subsection (c). ``(3) Civic bridgebuilding program.--The term `civic bridgebuilding program' means a program, project, or activity which embodies or works to achieves the goals of civic bridgebuilding. ``(4) Civic engagement.--The term `civic engagement' means an individual or collective action designed to address a public concern or an unmet human, educational, health care, environmental, or public safety need. ``(5) Eligible entity.--The term `eligible entity' means a nonprofit entity, public institution, elementary school, secondary school, institution of higher education, religious group, or consortium of any such entities. ``(6) Public institution.--The term `public institution' means a library, unit of local government, or other entity expending public funds or performing public functions. ``(7) Research.--The term `research' means research which embodies principles of scientific research. ``(8) Research base.--The term `research base' means any publications that contain observations, analysis, and conclusions based on principles of scientific research with respect to the challenges of political and social polarization in the United States, and practical approaches to strengthen social cohesion, foster a sense of national connection, or improve intergroup relations in divided communities. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2023 through 2025.''. SEC. 3. TABLE OF CONTENTS. 12501 note) is amended by inserting at the end of the item relating to subtitle H of title I, the following: ``Part VI--Civic Bridgebuilding ``Sec. 198T.

To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community Service, and for other purposes. Subtitle H of title I of the National and Community Service Act of 1990 (42 U.S.C. 12653 et seq.) ``(2) Support the Corporation in providing training in civic bridgebuilding skills and techniques (with the consideration and input of best practices collected by the Office)-- ``(A) for participants (including individuals who have been selected to be participants) of a program receiving assistance under a national service law; and ``(B) upon request, for an organization that receives assistance under a national service law or that is carrying out a program in which participants described in subparagraph (A) are participating. ``(3) Select the members of the Advisory Committee under subsection (b). ``(b) Advisory Committee.-- ``(1) Establishment.--There is established within the Office of Civic Bridgebuilding an Advisory Committee (in this subsection referred to as the `Committee'). ``(2) Members.-- ``(A) Selection.--The Officer of Civic Bridgebuilding shall select 9 members of an Advisory Committee, including a Chairperson of the Committee, and ensure that such Committee is comprised of civic bridgebuilding leaders who represent diverse ideological, religious, racial, regional, or ethnic communities, and with relevant experience and expertise from the civic bridgebuilding field. ``(C) Conduct an annual review of the process of awarding grants under subsection (c), including rubrics or metrics for grant selection used by the Officer of Civic Bridgebuilding. ``(c) Civic Bridgebuilding Pilot Grant Program.-- ``(1) In general.--From the amounts appropriated to carry out this subsection, the Corporation (acting through the Officer of Civic Bridgebuilding and in consultation with the Advisory Committee established under subsection (b)) shall carry out a pilot program for a 3-year period (with the possibility of renewal for additional 3-year periods) to award grants, on a competitive basis, to eligible entities to support civic bridgebuilding programs across the Nation. ``(2) Grant period.--A grant awarded under this subsection shall be for a 1-year period. ``(4) Uses of funds.--An eligible entity receiving a grant under this subsection shall use such grant to carry out a project to advance civic bridgebuilding in communities across the Nation or address the root causes of polarization as articulated in the research base. ``(5) Peer review process.--The Corporation shall establish a peer review process which shall include consultation with research communities in the civic bridgebuilding field to analyze the process of awarding grants (and the grants that are awarded) under this subsection. ``(2) Civic bridgebuilding leader.--The term `civic bridgebuilding leader' means an individual who leads civic bridgebuilding programs or efforts. ``(4) Civic engagement.--The term `civic engagement' means an individual or collective action designed to address a public concern or an unmet human, educational, health care, environmental, or public safety need. ``(7) Research.--The term `research' means research which embodies principles of scientific research.

To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community Service, and for other purposes. ``(3) Select the members of the Advisory Committee under subsection (b). ``(b) Advisory Committee.-- ``(1) Establishment.--There is established within the Office of Civic Bridgebuilding an Advisory Committee (in this subsection referred to as the `Committee'). ``(2) Members.-- ``(A) Selection.--The Officer of Civic Bridgebuilding shall select 9 members of an Advisory Committee, including a Chairperson of the Committee, and ensure that such Committee is comprised of civic bridgebuilding leaders who represent diverse ideological, religious, racial, regional, or ethnic communities, and with relevant experience and expertise from the civic bridgebuilding field. ``(c) Civic Bridgebuilding Pilot Grant Program.-- ``(1) In general.--From the amounts appropriated to carry out this subsection, the Corporation (acting through the Officer of Civic Bridgebuilding and in consultation with the Advisory Committee established under subsection (b)) shall carry out a pilot program for a 3-year period (with the possibility of renewal for additional 3-year periods) to award grants, on a competitive basis, to eligible entities to support civic bridgebuilding programs across the Nation. ``(4) Uses of funds.--An eligible entity receiving a grant under this subsection shall use such grant to carry out a project to advance civic bridgebuilding in communities across the Nation or address the root causes of polarization as articulated in the research base. ``(5) Peer review process.--The Corporation shall establish a peer review process which shall include consultation with research communities in the civic bridgebuilding field to analyze the process of awarding grants (and the grants that are awarded) under this subsection. ``(2) Civic bridgebuilding leader.--The term `civic bridgebuilding leader' means an individual who leads civic bridgebuilding programs or efforts. ``(7) Research.--The term `research' means research which embodies principles of scientific research. 198T. Office of Civic Bridgebuilding.''.

To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community Service, and for other purposes. ``(3) Select the members of the Advisory Committee under subsection (b). ``(b) Advisory Committee.-- ``(1) Establishment.--There is established within the Office of Civic Bridgebuilding an Advisory Committee (in this subsection referred to as the `Committee'). ``(2) Members.-- ``(A) Selection.--The Officer of Civic Bridgebuilding shall select 9 members of an Advisory Committee, including a Chairperson of the Committee, and ensure that such Committee is comprised of civic bridgebuilding leaders who represent diverse ideological, religious, racial, regional, or ethnic communities, and with relevant experience and expertise from the civic bridgebuilding field. ``(c) Civic Bridgebuilding Pilot Grant Program.-- ``(1) In general.--From the amounts appropriated to carry out this subsection, the Corporation (acting through the Officer of Civic Bridgebuilding and in consultation with the Advisory Committee established under subsection (b)) shall carry out a pilot program for a 3-year period (with the possibility of renewal for additional 3-year periods) to award grants, on a competitive basis, to eligible entities to support civic bridgebuilding programs across the Nation. ``(4) Uses of funds.--An eligible entity receiving a grant under this subsection shall use such grant to carry out a project to advance civic bridgebuilding in communities across the Nation or address the root causes of polarization as articulated in the research base. ``(5) Peer review process.--The Corporation shall establish a peer review process which shall include consultation with research communities in the civic bridgebuilding field to analyze the process of awarding grants (and the grants that are awarded) under this subsection. ``(2) Civic bridgebuilding leader.--The term `civic bridgebuilding leader' means an individual who leads civic bridgebuilding programs or efforts. ``(7) Research.--The term `research' means research which embodies principles of scientific research. 198T. Office of Civic Bridgebuilding.''.

To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community Service, and for other purposes. Subtitle H of title I of the National and Community Service Act of 1990 (42 U.S.C. 12653 et seq.) ``(2) Support the Corporation in providing training in civic bridgebuilding skills and techniques (with the consideration and input of best practices collected by the Office)-- ``(A) for participants (including individuals who have been selected to be participants) of a program receiving assistance under a national service law; and ``(B) upon request, for an organization that receives assistance under a national service law or that is carrying out a program in which participants described in subparagraph (A) are participating. ``(3) Select the members of the Advisory Committee under subsection (b). ``(b) Advisory Committee.-- ``(1) Establishment.--There is established within the Office of Civic Bridgebuilding an Advisory Committee (in this subsection referred to as the `Committee'). ``(2) Members.-- ``(A) Selection.--The Officer of Civic Bridgebuilding shall select 9 members of an Advisory Committee, including a Chairperson of the Committee, and ensure that such Committee is comprised of civic bridgebuilding leaders who represent diverse ideological, religious, racial, regional, or ethnic communities, and with relevant experience and expertise from the civic bridgebuilding field. ``(C) Conduct an annual review of the process of awarding grants under subsection (c), including rubrics or metrics for grant selection used by the Officer of Civic Bridgebuilding. ``(c) Civic Bridgebuilding Pilot Grant Program.-- ``(1) In general.--From the amounts appropriated to carry out this subsection, the Corporation (acting through the Officer of Civic Bridgebuilding and in consultation with the Advisory Committee established under subsection (b)) shall carry out a pilot program for a 3-year period (with the possibility of renewal for additional 3-year periods) to award grants, on a competitive basis, to eligible entities to support civic bridgebuilding programs across the Nation. ``(2) Grant period.--A grant awarded under this subsection shall be for a 1-year period. ``(4) Uses of funds.--An eligible entity receiving a grant under this subsection shall use such grant to carry out a project to advance civic bridgebuilding in communities across the Nation or address the root causes of polarization as articulated in the research base. ``(5) Peer review process.--The Corporation shall establish a peer review process which shall include consultation with research communities in the civic bridgebuilding field to analyze the process of awarding grants (and the grants that are awarded) under this subsection. ``(2) Civic bridgebuilding leader.--The term `civic bridgebuilding leader' means an individual who leads civic bridgebuilding programs or efforts. ``(4) Civic engagement.--The term `civic engagement' means an individual or collective action designed to address a public concern or an unmet human, educational, health care, environmental, or public safety need. ``(7) Research.--The term `research' means research which embodies principles of scientific research.

To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community Service, and for other purposes. ``(3) Select the members of the Advisory Committee under subsection (b). ``(b) Advisory Committee.-- ``(1) Establishment.--There is established within the Office of Civic Bridgebuilding an Advisory Committee (in this subsection referred to as the `Committee'). ``(2) Members.-- ``(A) Selection.--The Officer of Civic Bridgebuilding shall select 9 members of an Advisory Committee, including a Chairperson of the Committee, and ensure that such Committee is comprised of civic bridgebuilding leaders who represent diverse ideological, religious, racial, regional, or ethnic communities, and with relevant experience and expertise from the civic bridgebuilding field. ``(c) Civic Bridgebuilding Pilot Grant Program.-- ``(1) In general.--From the amounts appropriated to carry out this subsection, the Corporation (acting through the Officer of Civic Bridgebuilding and in consultation with the Advisory Committee established under subsection (b)) shall carry out a pilot program for a 3-year period (with the possibility of renewal for additional 3-year periods) to award grants, on a competitive basis, to eligible entities to support civic bridgebuilding programs across the Nation. ``(4) Uses of funds.--An eligible entity receiving a grant under this subsection shall use such grant to carry out a project to advance civic bridgebuilding in communities across the Nation or address the root causes of polarization as articulated in the research base. ``(5) Peer review process.--The Corporation shall establish a peer review process which shall include consultation with research communities in the civic bridgebuilding field to analyze the process of awarding grants (and the grants that are awarded) under this subsection. ``(2) Civic bridgebuilding leader.--The term `civic bridgebuilding leader' means an individual who leads civic bridgebuilding programs or efforts. ``(7) Research.--The term `research' means research which embodies principles of scientific research. 198T. Office of Civic Bridgebuilding.''.

To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community Service, and for other purposes. Subtitle H of title I of the National and Community Service Act of 1990 (42 U.S.C. 12653 et seq.) ``(2) Support the Corporation in providing training in civic bridgebuilding skills and techniques (with the consideration and input of best practices collected by the Office)-- ``(A) for participants (including individuals who have been selected to be participants) of a program receiving assistance under a national service law; and ``(B) upon request, for an organization that receives assistance under a national service law or that is carrying out a program in which participants described in subparagraph (A) are participating. ``(3) Select the members of the Advisory Committee under subsection (b). ``(b) Advisory Committee.-- ``(1) Establishment.--There is established within the Office of Civic Bridgebuilding an Advisory Committee (in this subsection referred to as the `Committee'). ``(2) Members.-- ``(A) Selection.--The Officer of Civic Bridgebuilding shall select 9 members of an Advisory Committee, including a Chairperson of the Committee, and ensure that such Committee is comprised of civic bridgebuilding leaders who represent diverse ideological, religious, racial, regional, or ethnic communities, and with relevant experience and expertise from the civic bridgebuilding field. ``(C) Conduct an annual review of the process of awarding grants under subsection (c), including rubrics or metrics for grant selection used by the Officer of Civic Bridgebuilding. ``(c) Civic Bridgebuilding Pilot Grant Program.-- ``(1) In general.--From the amounts appropriated to carry out this subsection, the Corporation (acting through the Officer of Civic Bridgebuilding and in consultation with the Advisory Committee established under subsection (b)) shall carry out a pilot program for a 3-year period (with the possibility of renewal for additional 3-year periods) to award grants, on a competitive basis, to eligible entities to support civic bridgebuilding programs across the Nation. ``(2) Grant period.--A grant awarded under this subsection shall be for a 1-year period. ``(4) Uses of funds.--An eligible entity receiving a grant under this subsection shall use such grant to carry out a project to advance civic bridgebuilding in communities across the Nation or address the root causes of polarization as articulated in the research base. ``(5) Peer review process.--The Corporation shall establish a peer review process which shall include consultation with research communities in the civic bridgebuilding field to analyze the process of awarding grants (and the grants that are awarded) under this subsection. ``(2) Civic bridgebuilding leader.--The term `civic bridgebuilding leader' means an individual who leads civic bridgebuilding programs or efforts. ``(4) Civic engagement.--The term `civic engagement' means an individual or collective action designed to address a public concern or an unmet human, educational, health care, environmental, or public safety need. ``(7) Research.--The term `research' means research which embodies principles of scientific research.

To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community Service, and for other purposes. ``(3) Select the members of the Advisory Committee under subsection (b). ``(b) Advisory Committee.-- ``(1) Establishment.--There is established within the Office of Civic Bridgebuilding an Advisory Committee (in this subsection referred to as the `Committee'). ``(2) Members.-- ``(A) Selection.--The Officer of Civic Bridgebuilding shall select 9 members of an Advisory Committee, including a Chairperson of the Committee, and ensure that such Committee is comprised of civic bridgebuilding leaders who represent diverse ideological, religious, racial, regional, or ethnic communities, and with relevant experience and expertise from the civic bridgebuilding field. ``(c) Civic Bridgebuilding Pilot Grant Program.-- ``(1) In general.--From the amounts appropriated to carry out this subsection, the Corporation (acting through the Officer of Civic Bridgebuilding and in consultation with the Advisory Committee established under subsection (b)) shall carry out a pilot program for a 3-year period (with the possibility of renewal for additional 3-year periods) to award grants, on a competitive basis, to eligible entities to support civic bridgebuilding programs across the Nation. ``(4) Uses of funds.--An eligible entity receiving a grant under this subsection shall use such grant to carry out a project to advance civic bridgebuilding in communities across the Nation or address the root causes of polarization as articulated in the research base. ``(5) Peer review process.--The Corporation shall establish a peer review process which shall include consultation with research communities in the civic bridgebuilding field to analyze the process of awarding grants (and the grants that are awarded) under this subsection. ``(2) Civic bridgebuilding leader.--The term `civic bridgebuilding leader' means an individual who leads civic bridgebuilding programs or efforts. ``(7) Research.--The term `research' means research which embodies principles of scientific research. 198T. Office of Civic Bridgebuilding.''.

To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community Service, and for other purposes. Subtitle H of title I of the National and Community Service Act of 1990 (42 U.S.C. 12653 et seq.) ``(2) Support the Corporation in providing training in civic bridgebuilding skills and techniques (with the consideration and input of best practices collected by the Office)-- ``(A) for participants (including individuals who have been selected to be participants) of a program receiving assistance under a national service law; and ``(B) upon request, for an organization that receives assistance under a national service law or that is carrying out a program in which participants described in subparagraph (A) are participating. ``(3) Select the members of the Advisory Committee under subsection (b). ``(b) Advisory Committee.-- ``(1) Establishment.--There is established within the Office of Civic Bridgebuilding an Advisory Committee (in this subsection referred to as the `Committee'). ``(2) Members.-- ``(A) Selection.--The Officer of Civic Bridgebuilding shall select 9 members of an Advisory Committee, including a Chairperson of the Committee, and ensure that such Committee is comprised of civic bridgebuilding leaders who represent diverse ideological, religious, racial, regional, or ethnic communities, and with relevant experience and expertise from the civic bridgebuilding field. ``(C) Conduct an annual review of the process of awarding grants under subsection (c), including rubrics or metrics for grant selection used by the Officer of Civic Bridgebuilding. ``(c) Civic Bridgebuilding Pilot Grant Program.-- ``(1) In general.--From the amounts appropriated to carry out this subsection, the Corporation (acting through the Officer of Civic Bridgebuilding and in consultation with the Advisory Committee established under subsection (b)) shall carry out a pilot program for a 3-year period (with the possibility of renewal for additional 3-year periods) to award grants, on a competitive basis, to eligible entities to support civic bridgebuilding programs across the Nation. ``(2) Grant period.--A grant awarded under this subsection shall be for a 1-year period. ``(4) Uses of funds.--An eligible entity receiving a grant under this subsection shall use such grant to carry out a project to advance civic bridgebuilding in communities across the Nation or address the root causes of polarization as articulated in the research base. ``(5) Peer review process.--The Corporation shall establish a peer review process which shall include consultation with research communities in the civic bridgebuilding field to analyze the process of awarding grants (and the grants that are awarded) under this subsection. ``(2) Civic bridgebuilding leader.--The term `civic bridgebuilding leader' means an individual who leads civic bridgebuilding programs or efforts. ``(4) Civic engagement.--The term `civic engagement' means an individual or collective action designed to address a public concern or an unmet human, educational, health care, environmental, or public safety need. ``(7) Research.--The term `research' means research which embodies principles of scientific research.

To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community Service, and for other purposes. ``(3) Select the members of the Advisory Committee under subsection (b). ``(b) Advisory Committee.-- ``(1) Establishment.--There is established within the Office of Civic Bridgebuilding an Advisory Committee (in this subsection referred to as the `Committee'). ``(2) Members.-- ``(A) Selection.--The Officer of Civic Bridgebuilding shall select 9 members of an Advisory Committee, including a Chairperson of the Committee, and ensure that such Committee is comprised of civic bridgebuilding leaders who represent diverse ideological, religious, racial, regional, or ethnic communities, and with relevant experience and expertise from the civic bridgebuilding field. ``(c) Civic Bridgebuilding Pilot Grant Program.-- ``(1) In general.--From the amounts appropriated to carry out this subsection, the Corporation (acting through the Officer of Civic Bridgebuilding and in consultation with the Advisory Committee established under subsection (b)) shall carry out a pilot program for a 3-year period (with the possibility of renewal for additional 3-year periods) to award grants, on a competitive basis, to eligible entities to support civic bridgebuilding programs across the Nation. ``(4) Uses of funds.--An eligible entity receiving a grant under this subsection shall use such grant to carry out a project to advance civic bridgebuilding in communities across the Nation or address the root causes of polarization as articulated in the research base. ``(5) Peer review process.--The Corporation shall establish a peer review process which shall include consultation with research communities in the civic bridgebuilding field to analyze the process of awarding grants (and the grants that are awarded) under this subsection. ``(2) Civic bridgebuilding leader.--The term `civic bridgebuilding leader' means an individual who leads civic bridgebuilding programs or efforts. ``(7) Research.--The term `research' means research which embodies principles of scientific research. 198T. Office of Civic Bridgebuilding.''.

To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community Service, and for other purposes. ``(2) Support the Corporation in providing training in civic bridgebuilding skills and techniques (with the consideration and input of best practices collected by the Office)-- ``(A) for participants (including individuals who have been selected to be participants) of a program receiving assistance under a national service law; and ``(B) upon request, for an organization that receives assistance under a national service law or that is carrying out a program in which participants described in subparagraph (A) are participating. ``(c) Civic Bridgebuilding Pilot Grant Program.-- ``(1) In general.--From the amounts appropriated to carry out this subsection, the Corporation (acting through the Officer of Civic Bridgebuilding and in consultation with the Advisory Committee established under subsection (b)) shall carry out a pilot program for a 3-year period (with the possibility of renewal for additional 3-year periods) to award grants, on a competitive basis, to eligible entities to support civic bridgebuilding programs across the Nation. ``(5) Peer review process.--The Corporation shall establish a peer review process which shall include consultation with research communities in the civic bridgebuilding field to analyze the process of awarding grants (and the grants that are awarded) under this subsection.

Building Civic Bridges Act - Amends the National and Community Service Act of 1990 to authorize the Chief Executive Officer of the Corporation for National &quot;Community Service to designate an Officer of Civic Bridgebuilding within the Corporation to administer an office of civic bridgebuilding to: (1) administer the grant program to support civic bridge building across the Nation, including establishing standardized criteria to track the Amends the National and Community Service Act of 1990 to direct the Comptroller General to report annually to Congress on the effectiveness and impact of the activities carried out under grants awarded under the Office of Civic Bridgebuilding. (Civic bridgebuilding is activities that foster respect between diverse communities, strengthen relationships across lines of difference, and forge a sense of common civic purpose and which seeks to solve community

S.983

Health

Consumer Health Options and Insurance Competition Enhancement Act or the CHOICE Act This bill requires the Centers for Medicare and Medicaid Services (CMS) to develop a public health insurance option that meets all federal plan requirements and is available on state and federal health insurance exchanges. Specifically, the CMS must offer silver and gold plans, may offer bronze plans, and must include all essential benefits, consumer protections, and cost-sharing limitations in each plan. The CMS may contract with a third party to administer the public option plans and states may establish advisory councils to make recommendations to the CMS about the operation and policies of such plans. Further, the CMS must establish geographically adjusted premiums and negotiate provider payment rates for services and prescription drugs covered the plans. If a payment rate cannot be negotiated, the CMS must pay the amount for such service as required under traditional Medicare. Medicare and Medicaid providers are automatically participants in public option plans unless they opt out, and providers not participating in Medicare or Medicaid may opt in.

To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Health Options and Insurance Competition Enhancement Act'' or the ``CHOICE Act''. SEC. 2. PUBLIC HEALTH INSURANCE OPTION. (a) In General.--Part 2 of subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18031 et seq.) is amended by adding at the end the following: ``SEC. 1314. PUBLIC HEALTH INSURANCE OPTION. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(2) Primary responsibility.--In designing the public health insurance option, the primary responsibility of the Secretary shall be to create an affordable health plan without compromising quality or access to care. ``(b) Administrating the Public Health Insurance Option.-- ``(1) Offered through exchanges.-- ``(A) Exclusive to exchanges.--The public health insurance option shall be offered exclusively by the Secretary through the Exchanges and not by a health insurance issuer. ``(B) Ensuring a level playing field.--Except as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. ``(C) Provision of benefit levels.--The public health insurance option shall offer bronze, silver, and gold plans. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. The Secretary shall have the same authority with respect to the public health insurance option as the Secretary has under such subsection (a)(1) and subsection (b) of section 1874A of the Social Security Act with respect to title XVIII of such Act. ``(B) Transfer of insurance risk.--Any contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. ``(3) State advisory council.-- ``(A) Establishment.--A State may establish a public or nonprofit entity to serve as the State Advisory Council to provide recommendations to the Secretary on the operations and policies of the public health insurance option offered through the Exchange operating in the State. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(ii) Mechanisms to facilitate public awareness of the availability of the public health insurance option. ``(iii) Alternative payment models and value-based insurance design under the public health insurance option that encourage quality improvement and cost control. ``(C) Members.--The members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. ``(D) Applicability of recommendations.--The Secretary may apply the recommendations of a State Advisory Council to the public health insurance option in that State, in any other State, or in all States. ``(4) Data collection.--The Secretary shall collect such data as may be required-- ``(A) to establish rates for premiums and health care provider reimbursement under subsection (c); and ``(B) for other purposes under this section, including to improve quality, and reduce racial, ethnic, and other disparities, in health and health care. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(B) Contingency margin.--In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. ``(C) Variations in premium rates.--The premium rate charged for the public health insurance option may not vary except as provided under section 2701 of the Public Health Service Act. ``(2) Health care provider payment rates for items and services.-- ``(A) In general.-- ``(i) Rates negotiated by the secretary.-- Not later than January 1, 2022, and except as provided in clause (ii), the Secretary shall, through a negotiated agreement with health care providers, establish rates for reimbursing health care providers for providing the benefits covered by the public health insurance option. ``(ii) Medicare reimbursement rates.--If the Secretary and health care providers are unable to reach a negotiated agreement on a reimbursement rate, the Secretary shall reimburse providers at rates determined for equivalent items and services under the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prescription drugs.--Any payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. If the Secretary is unable to reach a negotiated agreement on such a reimbursement rate, the Secretary shall use rates determined for equivalent drugs paid for under the original medicare fee-for-service program. The Secretary shall modify such rates in order to accommodate payments for drugs that are not otherwise covered under the original medicare fee-for-service program. ``(3) Account.-- ``(A) Establishment.--There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(C) Start-up funding.-- ``(i) Authorization of funding.--There are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. ``(ii) Amortization of start-up funding.-- The Secretary shall provide for the repayment of the startup funding provided under clause (i) to the Treasury in an amortized manner over the 10-year period beginning on January 1, 2023. ``(D) Additional authorization of appropriations.-- To carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. ``(d) Health Care Provider Participation.-- ``(1) Provider participation.-- ``(A) In general.--The Secretary shall establish conditions of participation for health care providers under the public health insurance option. ``(B) Licensure or certification.--The Secretary shall not allow a health care provider to participate in the public health insurance option unless such provider is appropriately licensed or certified under State law. ``(2) Establishment of a provider network.-- ``(A) Medicare and medicaid participating providers.--A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. (b) Conforming Amendments.-- (1) Treatment as a qualified health plan.--Section 1301(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18021(a)) is amended-- (A) in paragraph (1)(C), by inserting ``except in the case of the public health insurance option established under section 1314,'' before ``is offered by''; (B) in paragraph (2)-- (i) in the paragraph heading, by inserting ``, the public health insurance option,'' before ``and''; and (ii) by inserting ``the public health insurance option under section 1314,'' before ``and a multi-State plan''; and (C) by adding at the end the following: ``(5) Public health insurance option.--The term `qualified health plan' shall include the public health insurance option established under section 1314, notwithstanding the requirement under paragraph (1)(C) for the plan to be offered by a health insurance issuer.''. (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''. <all>

CHOICE Act

A bill to amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes.

CHOICE Act Consumer Health Options and Insurance Competition Enhancement Act

Sen. Whitehouse, Sheldon

D

RI

This bill requires the Centers for Medicare and Medicaid Services (CMS) to develop a public health insurance option that meets all federal plan requirements and is available on state and federal health insurance exchanges. Specifically, the CMS must offer silver and gold plans, may offer bronze plans, and must include all essential benefits, consumer protections, and cost-sharing limitations in each plan. The CMS may contract with a third party to administer the public option plans and states may establish advisory councils to make recommendations to the CMS about the operation and policies of such plans. Further, the CMS must establish geographically adjusted premiums and negotiate provider payment rates for services and prescription drugs covered the plans. If a payment rate cannot be negotiated, the CMS must pay the amount for such service as required under traditional Medicare. Medicare and Medicaid providers are automatically participants in public option plans unless they opt out, and providers not participating in Medicare or Medicaid may opt in.

SHORT TITLE. This Act may be cited as the ``Consumer Health Options and Insurance Competition Enhancement Act'' or the ``CHOICE Act''. 2. 18031 et seq.) is amended by adding at the end the following: ``SEC. 1314. PUBLIC HEALTH INSURANCE OPTION. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(B) Ensuring a level playing field.--Except as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(B) Transfer of insurance risk.--Any contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(C) Members.--The members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prescription drugs.--Any payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(ii) Amortization of start-up funding.-- The Secretary shall provide for the repayment of the startup funding provided under clause (i) to the Treasury in an amortized manner over the 10-year period beginning on January 1, 2023. ``(D) Additional authorization of appropriations.-- To carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C.

SHORT TITLE. This Act may be cited as the ``Consumer Health Options and Insurance Competition Enhancement Act'' or the ``CHOICE Act''. 2. is amended by adding at the end the following: ``SEC. 1314. PUBLIC HEALTH INSURANCE OPTION. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(B) Transfer of insurance risk.--Any contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(C) Members.--The members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prescription drugs.--Any payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(D) Additional authorization of appropriations.-- To carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Health Options and Insurance Competition Enhancement Act'' or the ``CHOICE Act''. 2. 18031 et seq.) is amended by adding at the end the following: ``SEC. 1314. PUBLIC HEALTH INSURANCE OPTION. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(2) Primary responsibility.--In designing the public health insurance option, the primary responsibility of the Secretary shall be to create an affordable health plan without compromising quality or access to care. ``(B) Ensuring a level playing field.--Except as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(B) Transfer of insurance risk.--Any contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(C) Members.--The members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. ``(B) Contingency margin.--In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prescription drugs.--Any payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. If the Secretary is unable to reach a negotiated agreement on such a reimbursement rate, the Secretary shall use rates determined for equivalent drugs paid for under the original medicare fee-for-service program. ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(ii) Amortization of start-up funding.-- The Secretary shall provide for the repayment of the startup funding provided under clause (i) to the Treasury in an amortized manner over the 10-year period beginning on January 1, 2023. ``(D) Additional authorization of appropriations.-- To carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. ``(d) Health Care Provider Participation.-- ``(1) Provider participation.-- ``(A) In general.--The Secretary shall establish conditions of participation for health care providers under the public health insurance option. ``(2) Establishment of a provider network.-- ``(A) Medicare and medicaid participating providers.--A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Health Options and Insurance Competition Enhancement Act'' or the ``CHOICE Act''. 2. (a) In General.--Part 2 of subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18031 et seq.) is amended by adding at the end the following: ``SEC. 1314. PUBLIC HEALTH INSURANCE OPTION. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(2) Primary responsibility.--In designing the public health insurance option, the primary responsibility of the Secretary shall be to create an affordable health plan without compromising quality or access to care. ``(B) Ensuring a level playing field.--Except as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. ``(C) Provision of benefit levels.--The public health insurance option shall offer bronze, silver, and gold plans. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(B) Transfer of insurance risk.--Any contract under this paragraph shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(ii) Mechanisms to facilitate public awareness of the availability of the public health insurance option. ``(iii) Alternative payment models and value-based insurance design under the public health insurance option that encourage quality improvement and cost control. ``(C) Members.--The members of any State Advisory Council shall be representatives of the public and include health care consumers and health care providers. ``(4) Data collection.--The Secretary shall collect such data as may be required-- ``(A) to establish rates for premiums and health care provider reimbursement under subsection (c); and ``(B) for other purposes under this section, including to improve quality, and reduce racial, ethnic, and other disparities, in health and health care. ``(B) Contingency margin.--In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prescription drugs.--Any payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Secretary. If the Secretary is unable to reach a negotiated agreement on such a reimbursement rate, the Secretary shall use rates determined for equivalent drugs paid for under the original medicare fee-for-service program. ``(3) Account.-- ``(A) Establishment.--There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(C) Start-up funding.-- ``(i) Authorization of funding.--There are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. ``(ii) Amortization of start-up funding.-- The Secretary shall provide for the repayment of the startup funding provided under clause (i) to the Treasury in an amortized manner over the 10-year period beginning on January 1, 2023. ``(D) Additional authorization of appropriations.-- To carry out paragraph (2) of subsection (b), there are authorized to be appropriated such sums as may be necessary. ``(d) Health Care Provider Participation.-- ``(1) Provider participation.-- ``(A) In general.--The Secretary shall establish conditions of participation for health care providers under the public health insurance option. ``(B) Licensure or certification.--The Secretary shall not allow a health care provider to participate in the public health insurance option unless such provider is appropriately licensed or certified under State law. ``(2) Establishment of a provider network.-- ``(A) Medicare and medicaid participating providers.--A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''.

To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(B) Ensuring a level playing field.--Except as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(3) State advisory council.-- ``(A) Establishment.--A State may establish a public or nonprofit entity to serve as the State Advisory Council to provide recommendations to the Secretary on the operations and policies of the public health insurance option offered through the Exchange operating in the State. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(B) Contingency margin.--In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. ``(ii) Medicare reimbursement rates.--If the Secretary and health care providers are unable to reach a negotiated agreement on a reimbursement rate, the Secretary shall reimburse providers at rates determined for equivalent items and services under the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(C) Start-up funding.-- ``(i) Authorization of funding.--There are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. ``(2) Establishment of a provider network.-- ``(A) Medicare and medicaid participating providers.--A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. ( (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''.

To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. PUBLIC HEALTH INSURANCE OPTION. ( ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(3) Account.-- ``(A) Establishment.--There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. 2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''.

To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. PUBLIC HEALTH INSURANCE OPTION. ( ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(3) Account.-- ``(A) Establishment.--There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. 2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''.

To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(B) Ensuring a level playing field.--Except as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(3) State advisory council.-- ``(A) Establishment.--A State may establish a public or nonprofit entity to serve as the State Advisory Council to provide recommendations to the Secretary on the operations and policies of the public health insurance option offered through the Exchange operating in the State. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(B) Contingency margin.--In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. ``(ii) Medicare reimbursement rates.--If the Secretary and health care providers are unable to reach a negotiated agreement on a reimbursement rate, the Secretary shall reimburse providers at rates determined for equivalent items and services under the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(C) Start-up funding.-- ``(i) Authorization of funding.--There are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. ``(2) Establishment of a provider network.-- ``(A) Medicare and medicaid participating providers.--A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. ( (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''.

To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. PUBLIC HEALTH INSURANCE OPTION. ( ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(3) Account.-- ``(A) Establishment.--There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. 2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''.

To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(B) Ensuring a level playing field.--Except as otherwise provided under this section, the public health insurance option shall comply with requirements under this title, and title XXVII of the Public Health Service Act, that are applicable to health plans offered through the Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost-sharing. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(3) State advisory council.-- ``(A) Establishment.--A State may establish a public or nonprofit entity to serve as the State Advisory Council to provide recommendations to the Secretary on the operations and policies of the public health insurance option offered through the Exchange operating in the State. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(B) Contingency margin.--In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. ``(ii) Medicare reimbursement rates.--If the Secretary and health care providers are unable to reach a negotiated agreement on a reimbursement rate, the Secretary shall reimburse providers at rates determined for equivalent items and services under the original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(C) Start-up funding.-- ``(i) Authorization of funding.--There are authorized to be appropriated such sums as may be necessary to establish the public health insurance option and cover 90 days of claims reserves based on projected enrollment. ``(2) Establishment of a provider network.-- ``(A) Medicare and medicaid participating providers.--A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act or under a State Medicaid plan under title XIX of such Act is a participating provider in the public health insurance option unless the health care provider opts out of participating in the public health insurance option through a process established by the Secretary. ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. ( (2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''.

To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. PUBLIC HEALTH INSURANCE OPTION. ( ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(2) Administrative contracting.-- ``(A) Authorities.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(3) Account.-- ``(A) Establishment.--There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (C) and appropriations authorized under subparagraph (D). ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. 2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''.

To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. ( (

To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. ``(c) Financing the Public Health Insurance Option.-- ``(1) Premiums.-- ``(A) Establishment.--The Secretary shall establish geographically adjusted premium rates for the public health insurance option-- ``(i) in a manner that complies with the requirement for premium rates under subparagraph (C) and considers the data collected under subsection (b)(4); and ``(ii) at a level sufficient to fully finance-- ``(I) the costs of health benefits provided by the public health insurance option; and ``(II) administrative costs related to operating the public health insurance option. ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. 2) Level playing field.--Section 1324(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18044(a)) is amended by inserting ``the public health insurance option under section 1314,'' before ``or a multi-State qualified health plan''.

To amend the Patient Protection and Affordable Care Act to establish a public health insurance option, and for other purposes. ``(a) Establishment.-- ``(1) In general.--For plans years beginning on or after January 1, 2023, the Secretary shall establish, and provide for the offering through the Exchanges of, a qualified health plan (in this section referred to as the `public health insurance option') that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. ``(B) Recommendations.--A State Advisory Council established under subparagraph (A) shall provide recommendations on at least the following: ``(i) Policies and procedures to integrate quality improvement and cost containment mechanisms into the health care delivery system. ``(iii) For new services.--The Secretary shall modify reimbursement rates described in clause (ii) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under the original medicare fee-for-service program. ``(B) Prohibition of state imposition of taxes.-- Section 1854(g) of the Social Security Act shall apply to receipts and disbursements described in subparagraph (A) in the same manner as such section applies to payments or premiums described in such section. ``(B) Additional providers.--The Secretary shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the public health insurance option.''. ( (

Consumer Health Options and Insurance Competition Enhancement Act or the CHOICE Act This bill amends the Patient Protection and Affordable Care Act to direct the Department of Health and Human Services (HHS) to establish, and provide for the offering through the Exchanges of, a qualified health plan that provides value, choice, competition, and stability of affordable, high-quality coverage throughout the United States. Amends the Patient Protection and Affordable Care Act to establish in the Treasury an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding and appropriations authorized under this Act. (Sec. 3) Requires the Secretary of Health and Human Services (HHS) to establish conditions of participation for health care providers under the option.

S.1484

Animals

Forage Fish Conservation Act of 2021 This bill addresses the management and conservation of forage fish. The Department of Commerce must issue a definition for the term forage fish. It must consider certain factors in defining such term, including whether a species covered by the definition (1) is at a low trophic level; (2) is generally small to intermediate-sized; (3) occurs in schools or other dense aggregations; (4) contributes significantly to the diets of other fish, marine mammals, or birds; and (5) serves as a conduit for energy transfer to species at a higher trophic level. Commerce must also establish guidelines to assist regional fishery management councils in (1) developing a list of unmanaged forage fish areas and prohibiting the development of any new forage fish fisheries until the potential impacts of such fisheries have been assessed; and (2) setting annual catch limits for forage fish fisheries that assess, specify, and reduce such limits by the diet needs of other fish species and marine wildlife. The bill adds shad (American shad and hickory shad) and river herring (blueback herring and alewife) to the list of managed stocks for the New England and Mid-Atlantic Fishery Management Council.

To improve the management of forage fish. 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 ``Forage Fish Conservation Act of 2021''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to the Magnuson-Stevens Fishery Conservation and Management Act. Sec. 3. Findings. Sec. 4. Definitions. Sec. 5. Scientific advice. Sec. 6. Council functions. Sec. 7. Contents of fishery management plans. Sec. 8. Action by the Secretary. Sec. 9. River herring and shad. Sec. 10. Rule of construction. SEC. 2. REFERENCES TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). SEC. 3. FINDINGS. Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. While most species function as prey of others at some life stage, especially when small and young, forage fish maintain this important trophic role throughout their life. Further, fluctuations in their populations can result in significant changes in marine communities and ecosystems. Therefore, particular attention to management of forage fish species, and addressing their unique role in marine ecosystems, is critical to maintaining ecosystem function and sustainable fisheries.''. SEC. 4. DEFINITIONS. (a) Secretary to Define Forage Fish.--Section 305 (16 U.S.C. 1855) is amended by adding at the end the following: ``(l) Forage Fish.--Not later than 6 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall issue a definition of the term `forage fish' for the purposes of this Act. In defining such term, the Secretary shall consider factors including whether a species covered by such definition, throughout such species' lifecycle-- ``(1) is at a low trophic level; ``(2) is generally small- to intermediate-sized; ``(3) occurs in schools or other dense aggregations; ``(4) contributes significantly to the diets of other fish, marine mammals, or birds; and ``(5) serves as a conduit for energy transfer to species at a higher trophic level.''. (b) Definitions.--Section 3 (16 U.S.C. 1802) is amended-- (1) by redesignating the second paragraph (33) (relating to waters of a foreign nation) as paragraph (53); (2) by redesignating paragraphs (28) through (50) as paragraphs (30) through (52), respectively; (3) by redesignating paragraphs (19) through (27) as paragraphs (20) through (28), respectively; (4) by inserting after paragraph (18) the following: ``(19) The term `forage fish'-- ``(A) has the meaning given the term by the Secretary under section 305(l); and ``(B) with respect to a species in a fishery managed pursuant to a fishery management plan or plan amendment that is approved by the Secretary under section 304(a), means any species identified in such plan as a forage fish.''; (5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton.''; and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. SEC. 5. SCIENTIFIC ADVICE. Section 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B)) is amended to read as follows: ``(B) Each scientific and statistical committee shall provide its Council ongoing scientific advice for fishery management decisions, including recommendations for-- ``(i) acceptable biological catch; ``(ii) preventing overfishing; ``(iii) maximum sustainable yield; ``(iv) achieving rebuilding targets; ``(v) maintaining a sufficient abundance, diversity, and localized distribution of forage fish populations to support their role in marine ecosystems; and ``(vi) reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices.''. SEC. 6. COUNCIL FUNCTIONS. (a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. (b) Unmanaged Forage Fish.--Section 302(h) (16 U.S.C. 1852(h)) is amended-- (1) in paragraph (8), by striking ``; and'' and inserting ``;''; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following: ``(9) develop a list of unmanaged forage fish occurring in the area under its authority and prohibit the development of any new directed forage fish fishery until the Council has-- ``(A) considered the best scientific information available and evaluated the potential impacts of forage fish harvest on existing fisheries, fishing communities, and the marine ecosystem; ``(B) determined whether conservation and management of the forage fish fishery is needed; ``(C) if a determination is made that conservation and management is needed, prepared and submitted to the Secretary a fishery management plan or amendment consistent with section 303; and ``(D) received final, approved regulations from the Secretary pursuant to section 304(b)(3); and''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect 2 years after the date of enactment of this Act. SEC. 7. CONTENTS OF FISHERY MANAGEMENT PLANS. (a) Forage Fish Management.--Section 303(a) (16 U.S.C. 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 5 years after the date of enactment of this Act. SEC. 8. ACTION BY THE SECRETARY. Section 304 (16 U.S.C. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). ``(2) Workshops.--In developing the guidelines under paragraph (1), the Secretary shall conduct workshops with Councils and other scientific, fisheries, and conservation interests.''. SEC. 9. RIVER HERRING AND SHAD. (a) Definitions.--In this section-- (1) River herring.--The term ``river herring'' means blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus). (2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). (b) Amendments of Plans.--Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall-- (1) amend the fishery management plans for the Atlantic Herring and Atlantic Mackerel, Squid, and Butterfish fisheries for the New England and Mid-Atlantic Regions to add shad and river herring as managed stocks in such plans consistent with section 302(h)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)(1)); (2) initiate additional fishery management plan amendments to be completed in not more than 1 year from the date of the addition of the species identified in paragraph (1) in order to develop and implement all required conservation and management measures for such stocks consistent with the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1801 et seq.), and all other applicable law; and (3) notwithstanding any other law, rule, or fishery management plan provision, including conservation and management measures under section 303(a)(11) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. SEC. 10. RULE OF CONSTRUCTION. Nothing in this Act shall be construed as-- (1) extending or diminishing the jurisdiction or authority of any State within its boundaries; or (2) affecting-- (A) section 306 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1856); or (B) the Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5101 et seq.). <all>

Forage Fish Conservation Act of 2021

A bill to improve the management of forage fish.

Forage Fish Conservation Act of 2021

Sen. Blumenthal, Richard

D

CT

This bill addresses the management and conservation of forage fish. The Department of Commerce must issue a definition for the term forage fish. It must consider certain factors in defining such term, including whether a species covered by the definition (1) is at a low trophic level; (2) is generally small to intermediate-sized; (3) occurs in schools or other dense aggregations; (4) contributes significantly to the diets of other fish, marine mammals, or birds; and (5) serves as a conduit for energy transfer to species at a higher trophic level. Commerce must also establish guidelines to assist regional fishery management councils in (1) developing a list of unmanaged forage fish areas and prohibiting the development of any new forage fish fisheries until the potential impacts of such fisheries have been assessed; and (2) setting annual catch limits for forage fish fisheries that assess, specify, and reduce such limits by the diet needs of other fish species and marine wildlife. The bill adds shad (American shad and hickory shad) and river herring (blueback herring and alewife) to the list of managed stocks for the New England and Mid-Atlantic Fishery Management Council.

To improve the management of forage fish. 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. 1. References to the Magnuson-Stevens Fishery Conservation and Management Act. Findings. Definitions. Scientific advice. Council functions. Contents of fishery management plans. Action by the Secretary. River herring and shad. Sec. Rule of construction. 1801 et seq.). 3. Section 2(a) (16 U.S.C. While most species function as prey of others at some life stage, especially when small and young, forage fish maintain this important trophic role throughout their life. Therefore, particular attention to management of forage fish species, and addressing their unique role in marine ecosystems, is critical to maintaining ecosystem function and sustainable fisheries.''. 4. ''; (5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. 6. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. 7. 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 5 years after the date of enactment of this Act. 8. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). 9. (2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. 10.

To improve the management of forage fish. SHORT TITLE; TABLE OF CONTENTS. 1. References to the Magnuson-Stevens Fishery Conservation and Management Act. Findings. Definitions. Scientific advice. Council functions. Contents of fishery management plans. Action by the Secretary. River herring and shad. Sec. Rule of construction. 1801 et seq.). 3. Section 2(a) (16 U.S.C. Therefore, particular attention to management of forage fish species, and addressing their unique role in marine ecosystems, is critical to maintaining ecosystem function and sustainable fisheries.''. 4. ''; (5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. 6. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. 7. 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 5 years after the date of enactment of this Act. 8. 9. 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. 10.

To improve the management of forage fish. 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. 1. References to the Magnuson-Stevens Fishery Conservation and Management Act. Findings. Definitions. Scientific advice. Council functions. Contents of fishery management plans. Action by the Secretary. River herring and shad. Sec. Rule of construction. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 3. Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. While most species function as prey of others at some life stage, especially when small and young, forage fish maintain this important trophic role throughout their life. Further, fluctuations in their populations can result in significant changes in marine communities and ecosystems. Therefore, particular attention to management of forage fish species, and addressing their unique role in marine ecosystems, is critical to maintaining ecosystem function and sustainable fisheries.''. 4. ''; (5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. 1852(g)(1)(B)) is amended to read as follows: ``(B) Each scientific and statistical committee shall provide its Council ongoing scientific advice for fishery management decisions, including recommendations for-- ``(i) acceptable biological catch; ``(ii) preventing overfishing; ``(iii) maximum sustainable yield; ``(iv) achieving rebuilding targets; ``(v) maintaining a sufficient abundance, diversity, and localized distribution of forage fish populations to support their role in marine ecosystems; and ``(vi) reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices.''. 6. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. 7. 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 5 years after the date of enactment of this Act. 8. Section 304 (16 U.S.C. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). ``(2) Workshops.--In developing the guidelines under paragraph (1), the Secretary shall conduct workshops with Councils and other scientific, fisheries, and conservation interests.''. 9. (2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. 10. Nothing in this Act shall be construed as-- (1) extending or diminishing the jurisdiction or authority of any State within its boundaries; or (2) affecting-- (A) section 306 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

To improve the management of forage fish. 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. 1. References to the Magnuson-Stevens Fishery Conservation and Management Act. Findings. Definitions. Scientific advice. Council functions. Contents of fishery management plans. Action by the Secretary. River herring and shad. Sec. Rule of construction. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 3. Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. While most species function as prey of others at some life stage, especially when small and young, forage fish maintain this important trophic role throughout their life. Further, fluctuations in their populations can result in significant changes in marine communities and ecosystems. Therefore, particular attention to management of forage fish species, and addressing their unique role in marine ecosystems, is critical to maintaining ecosystem function and sustainable fisheries.''. 4. 1802) is amended-- (1) by redesignating the second paragraph (33) (relating to waters of a foreign nation) as paragraph (53); (2) by redesignating paragraphs (28) through (50) as paragraphs (30) through (52), respectively; (3) by redesignating paragraphs (19) through (27) as paragraphs (20) through (28), respectively; (4) by inserting after paragraph (18) the following: ``(19) The term `forage fish'-- ``(A) has the meaning given the term by the Secretary under section 305(l); and ``(B) with respect to a species in a fishery managed pursuant to a fishery management plan or plan amendment that is approved by the Secretary under section 304(a), means any species identified in such plan as a forage fish. ''; (5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. 1852(g)(1)(B)) is amended to read as follows: ``(B) Each scientific and statistical committee shall provide its Council ongoing scientific advice for fishery management decisions, including recommendations for-- ``(i) acceptable biological catch; ``(ii) preventing overfishing; ``(iii) maximum sustainable yield; ``(iv) achieving rebuilding targets; ``(v) maintaining a sufficient abundance, diversity, and localized distribution of forage fish populations to support their role in marine ecosystems; and ``(vi) reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices.''. 6. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. 1852(h)) is amended-- (1) in paragraph (8), by striking ``; and'' and inserting ``;''; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following: ``(9) develop a list of unmanaged forage fish occurring in the area under its authority and prohibit the development of any new directed forage fish fishery until the Council has-- ``(A) considered the best scientific information available and evaluated the potential impacts of forage fish harvest on existing fisheries, fishing communities, and the marine ecosystem; ``(B) determined whether conservation and management of the forage fish fishery is needed; ``(C) if a determination is made that conservation and management is needed, prepared and submitted to the Secretary a fishery management plan or amendment consistent with section 303; and ``(D) received final, approved regulations from the Secretary pursuant to section 304(b)(3); and''. 7. 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 5 years after the date of enactment of this Act. 8. Section 304 (16 U.S.C. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). ``(2) Workshops.--In developing the guidelines under paragraph (1), the Secretary shall conduct workshops with Councils and other scientific, fisheries, and conservation interests.''. 9. (2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. 10. Nothing in this Act shall be construed as-- (1) extending or diminishing the jurisdiction or authority of any State within its boundaries; or (2) affecting-- (A) section 306 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 5101 et seq.).

To improve the management of forage fish. Contents of fishery management plans. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. While most species function as prey of others at some life stage, especially when small and young, forage fish maintain this important trophic role throughout their life. In defining such term, the Secretary shall consider factors including whether a species covered by such definition, throughout such species' lifecycle-- ``(1) is at a low trophic level; ``(2) is generally small- to intermediate-sized; ``(3) occurs in schools or other dense aggregations; ``(4) contributes significantly to the diets of other fish, marine mammals, or birds; and ``(5) serves as a conduit for energy transfer to species at a higher trophic level.''. ( 5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. ''; and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. ( c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect 2 years after the date of enactment of this Act. CONTENTS OF FISHERY MANAGEMENT PLANS. ( 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( Section 304 (16 U.S.C. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). (2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). ( and all other applicable law; and (3) notwithstanding any other law, rule, or fishery management plan provision, including conservation and management measures under section 303(a)(11) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. RULE OF CONSTRUCTION.

To improve the management of forage fish. References to the Magnuson-Stevens Fishery Conservation and Management Act. Contents of fishery management plans. Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. 1855) is amended by adding at the end the following: ``(l) Forage Fish.--Not later than 6 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall issue a definition of the term `forage fish' for the purposes of this Act. and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. ( CONTENTS OF FISHERY MANAGEMENT PLANS. ( 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( b) Amendments of Plans.--Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall-- (1) amend the fishery management plans for the Atlantic Herring and Atlantic Mackerel, Squid, and Butterfish fisheries for the New England and Mid-Atlantic Regions to add shad and river herring as managed stocks in such plans consistent with section 302(h)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)(1)); (2) initiate additional fishery management plan amendments to be completed in not more than 1 year from the date of the addition of the species identified in paragraph (1) in order to develop and implement all required conservation and management measures for such stocks consistent with the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1801 et seq. ), RULE OF CONSTRUCTION.

To improve the management of forage fish. References to the Magnuson-Stevens Fishery Conservation and Management Act. Contents of fishery management plans. Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. 1855) is amended by adding at the end the following: ``(l) Forage Fish.--Not later than 6 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall issue a definition of the term `forage fish' for the purposes of this Act. and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. ( CONTENTS OF FISHERY MANAGEMENT PLANS. ( 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( b) Amendments of Plans.--Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall-- (1) amend the fishery management plans for the Atlantic Herring and Atlantic Mackerel, Squid, and Butterfish fisheries for the New England and Mid-Atlantic Regions to add shad and river herring as managed stocks in such plans consistent with section 302(h)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)(1)); (2) initiate additional fishery management plan amendments to be completed in not more than 1 year from the date of the addition of the species identified in paragraph (1) in order to develop and implement all required conservation and management measures for such stocks consistent with the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1801 et seq. ), RULE OF CONSTRUCTION.

To improve the management of forage fish. Contents of fishery management plans. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. While most species function as prey of others at some life stage, especially when small and young, forage fish maintain this important trophic role throughout their life. In defining such term, the Secretary shall consider factors including whether a species covered by such definition, throughout such species' lifecycle-- ``(1) is at a low trophic level; ``(2) is generally small- to intermediate-sized; ``(3) occurs in schools or other dense aggregations; ``(4) contributes significantly to the diets of other fish, marine mammals, or birds; and ``(5) serves as a conduit for energy transfer to species at a higher trophic level.''. ( 5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. ''; and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. ( c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect 2 years after the date of enactment of this Act. CONTENTS OF FISHERY MANAGEMENT PLANS. ( 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( Section 304 (16 U.S.C. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). (2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). ( and all other applicable law; and (3) notwithstanding any other law, rule, or fishery management plan provision, including conservation and management measures under section 303(a)(11) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. RULE OF CONSTRUCTION.

To improve the management of forage fish. References to the Magnuson-Stevens Fishery Conservation and Management Act. Contents of fishery management plans. Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. 1855) is amended by adding at the end the following: ``(l) Forage Fish.--Not later than 6 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall issue a definition of the term `forage fish' for the purposes of this Act. and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. ( CONTENTS OF FISHERY MANAGEMENT PLANS. ( 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( b) Amendments of Plans.--Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall-- (1) amend the fishery management plans for the Atlantic Herring and Atlantic Mackerel, Squid, and Butterfish fisheries for the New England and Mid-Atlantic Regions to add shad and river herring as managed stocks in such plans consistent with section 302(h)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)(1)); (2) initiate additional fishery management plan amendments to be completed in not more than 1 year from the date of the addition of the species identified in paragraph (1) in order to develop and implement all required conservation and management measures for such stocks consistent with the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1801 et seq. ), RULE OF CONSTRUCTION.

To improve the management of forage fish. Contents of fishery management plans. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. While most species function as prey of others at some life stage, especially when small and young, forage fish maintain this important trophic role throughout their life. In defining such term, the Secretary shall consider factors including whether a species covered by such definition, throughout such species' lifecycle-- ``(1) is at a low trophic level; ``(2) is generally small- to intermediate-sized; ``(3) occurs in schools or other dense aggregations; ``(4) contributes significantly to the diets of other fish, marine mammals, or birds; and ``(5) serves as a conduit for energy transfer to species at a higher trophic level.''. ( 5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. ''; and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. ( c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect 2 years after the date of enactment of this Act. CONTENTS OF FISHERY MANAGEMENT PLANS. ( 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( Section 304 (16 U.S.C. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). (2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). ( and all other applicable law; and (3) notwithstanding any other law, rule, or fishery management plan provision, including conservation and management measures under section 303(a)(11) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. RULE OF CONSTRUCTION.

To improve the management of forage fish. References to the Magnuson-Stevens Fishery Conservation and Management Act. Contents of fishery management plans. Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. 1855) is amended by adding at the end the following: ``(l) Forage Fish.--Not later than 6 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall issue a definition of the term `forage fish' for the purposes of this Act. and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. ( CONTENTS OF FISHERY MANAGEMENT PLANS. ( 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( b) Amendments of Plans.--Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall-- (1) amend the fishery management plans for the Atlantic Herring and Atlantic Mackerel, Squid, and Butterfish fisheries for the New England and Mid-Atlantic Regions to add shad and river herring as managed stocks in such plans consistent with section 302(h)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)(1)); (2) initiate additional fishery management plan amendments to be completed in not more than 1 year from the date of the addition of the species identified in paragraph (1) in order to develop and implement all required conservation and management measures for such stocks consistent with the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1801 et seq. ), RULE OF CONSTRUCTION.

To improve the management of forage fish. In defining such term, the Secretary shall consider factors including whether a species covered by such definition, throughout such species' lifecycle-- ``(1) is at a low trophic level; ``(2) is generally small- to intermediate-sized; ``(3) occurs in schools or other dense aggregations; ``(4) contributes significantly to the diets of other fish, marine mammals, or birds; and ``(5) serves as a conduit for energy transfer to species at a higher trophic level.''. ( 5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. ''; 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( Section 304 (16 U.S.C. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). ( 2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). (

To improve the management of forage fish. and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. RULE OF CONSTRUCTION.

To improve the management of forage fish. In defining such term, the Secretary shall consider factors including whether a species covered by such definition, throughout such species' lifecycle-- ``(1) is at a low trophic level; ``(2) is generally small- to intermediate-sized; ``(3) occurs in schools or other dense aggregations; ``(4) contributes significantly to the diets of other fish, marine mammals, or birds; and ``(5) serves as a conduit for energy transfer to species at a higher trophic level.''. ( 5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. ''; 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( Section 304 (16 U.S.C. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). ( 2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). (

Forage Fish Conservation Act of 2021 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Secretary of Commerce to issue a definition of the term "forage fish." Requires the Secretary to consider factors including whether a species: (1) is at a low trophic level; (2) is generally small- to intermediate-sized; (3 Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Secretary of Commerce to: (1) amend the fishery management plans for the Atlantic Herring and Atlantic Mackerel, Squid, and Butterfish fisheries for the New England and Mid-Atlantic Regions to add shad and river herring as managed stocks consistent with such Act; (2) initiate

H.R.5770

Animals

Forage Fish Conservation Act of 2021 This bill addresses the management and conservation of forage fish. The Department of Commerce must issue a definition for the term forage fish. It must consider certain factors in defining such term, including whether a species covered by the definition (1) is at a low trophic level; (2) is generally small to intermediate-sized; (3) occurs in schools or other dense aggregations; (4) contributes significantly to the diets of other fish, marine mammals, or birds; and (5) serves as a conduit for energy transfer to species at a higher trophic level. Commerce must also establish guidelines to assist regional fishery management councils in (1) developing a list of unmanaged forage fish areas and prohibiting the development of any new forage fish fisheries until the potential impacts of such fisheries have been assessed; and (2) setting annual catch limits for forage fish fisheries that assess, specify, and reduce such limits by the diet needs of other fish species and marine wildlife. The bill adds shad (American shad and hickory shad) and river herring (blueback herring and alewife) to the list of managed stocks for the New England and Mid-Atlantic Fishery Management Council.

To improve the management of forage fish. 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 ``Forage Fish Conservation Act of 2021''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to the Magnuson-Stevens Fishery Conservation and Management Act. Sec. 3. Findings. Sec. 4. Definitions. Sec. 5. Scientific advice. Sec. 6. Council functions. Sec. 7. Contents of fishery management plans. Sec. 8. Action by the Secretary. Sec. 9. River herring and shad. Sec. 10. Rule of construction. SEC. 2. REFERENCES TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). SEC. 3. FINDINGS. Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. While most species function as prey of others at some life stage, especially when small and young, forage fish maintain this important trophic role throughout their life. Further, fluctuations in their populations can result in significant changes in marine communities and ecosystems. Therefore, particular attention to management of forage fish species, and addressing their unique role in marine ecosystems, is critical to maintaining ecosystem function and sustainable fisheries.''. SEC. 4. DEFINITIONS. (a) Secretary To Define Forage Fish.--Section 305 (16 U.S.C. 1855) is amended by adding at the end the following: ``(l) Forage Fish.--Not later than 6 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall issue a definition of the term `forage fish' for the purposes of this Act. In defining such term, the Secretary shall consider factors including whether a species covered by such definition, throughout such species' lifecycle-- ``(1) is at a low trophic level; ``(2) is generally small- to intermediate-sized; ``(3) occurs in schools or other dense aggregations; ``(4) contributes significantly to the diets of other fish, marine mammals, or birds; and ``(5) serves as a conduit for energy transfer to species at a higher trophic level.''. (b) Definitions.--Section 3 (16 U.S.C. 1802) is amended-- (1) by redesignating the second paragraph (33) (relating to waters of a foreign nation) as paragraph (53); (2) by redesignating paragraphs (28) through (50) as paragraphs (30) through (52), respectively; (3) by redesignating paragraphs (19) through (27) as paragraphs (20) through (28), respectively; (4) by inserting after paragraph (18) the following: ``(19) The term `forage fish'-- ``(A) has the meaning given the term by the Secretary under section 305(l); and ``(B) with respect to a species in a fishery managed pursuant to a fishery management plan or plan amendment that is approved by the Secretary under section 304(a), means any species identified in such plan as a forage fish.''; (5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton.''; and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. SEC. 5. SCIENTIFIC ADVICE. Section 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B)) is amended to read as follows: ``(B) Each scientific and statistical committee shall provide its Council ongoing scientific advice for fishery management decisions, including recommendations for-- ``(i) acceptable biological catch; ``(ii) preventing overfishing; ``(iii) maximum sustainable yield; ``(iv) achieving rebuilding targets; ``(v) maintaining a sufficient abundance, diversity, and localized distribution of forage fish populations to support their role in marine ecosystems; and ``(vi) reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices.''. SEC. 6. COUNCIL FUNCTIONS. (a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. (b) Unmanaged Forage Fish.--Section 302(h) (16 U.S.C. 1852(h)) is amended-- (1) in paragraph (8), by striking ``; and'' and inserting ``;''; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following: ``(9) develop a list of unmanaged forage fish occurring in the area under its authority and prohibit the development of any new directed forage fish fishery until the Council has-- ``(A) considered the best scientific information available and evaluated the potential impacts of forage fish harvest on existing fisheries, fishing communities, and the marine ecosystem; ``(B) determined whether conservation and management of the forage fish fishery is needed; ``(C) if a determination is made that conservation and management is needed, prepared and submitted to the Secretary a fishery management plan or amendment consistent with section 303; and ``(D) received final, approved regulations from the Secretary pursuant to section 304(b)(3); and''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect 2 years after the date of enactment of this Act. SEC. 7. CONTENTS OF FISHERY MANAGEMENT PLANS. (a) Forage Fish Management.--Section 303(a) (16 U.S.C. 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 5 years after the date of enactment of this Act. SEC. 8. ACTION BY THE SECRETARY. Section 304 (16 U.S.C. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). ``(2) Workshops.--In developing the guidelines under paragraph (1), the Secretary shall conduct workshops with Councils and other scientific, fisheries, and conservation interests.''. SEC. 9. RIVER HERRING AND SHAD. (a) Definitions.--In this section-- (1) River herring.--The term ``river herring'' means blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus). (2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). (b) Amendments of Plans.--Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall-- (1) amend the fishery management plans for the Atlantic Herring and Atlantic Mackerel, Squid, and Butterfish fisheries for the New England and Mid-Atlantic Regions to add shad and river herring as managed stocks in such plans consistent with section 302(h)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)(1)); (2) initiate additional fishery management plan amendments to be completed in not more than 1 year from the date of the addition of the species identified in paragraph (1) in order to develop and implement all required conservation and management measures for such stocks consistent with the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1801 et seq.), and all other applicable law; and (3) notwithstanding any other law, rule, or fishery management plan provision, including conservation and management measures under section 303(a)(11) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. SEC. 10. RULE OF CONSTRUCTION. Nothing in this Act shall be construed as-- (1) extending or diminishing the jurisdiction or authority of any State within its boundaries; or (2) affecting-- (A) section 306 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1856); or (B) the Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5101 et seq.). <all>

Forage Fish Conservation Act of 2021

To improve the management of forage fish.

Forage Fish Conservation Act of 2021

Rep. Dingell, Debbie

D

MI

This bill addresses the management and conservation of forage fish. The Department of Commerce must issue a definition for the term forage fish. It must consider certain factors in defining such term, including whether a species covered by the definition (1) is at a low trophic level; (2) is generally small to intermediate-sized; (3) occurs in schools or other dense aggregations; (4) contributes significantly to the diets of other fish, marine mammals, or birds; and (5) serves as a conduit for energy transfer to species at a higher trophic level. Commerce must also establish guidelines to assist regional fishery management councils in (1) developing a list of unmanaged forage fish areas and prohibiting the development of any new forage fish fisheries until the potential impacts of such fisheries have been assessed; and (2) setting annual catch limits for forage fish fisheries that assess, specify, and reduce such limits by the diet needs of other fish species and marine wildlife. The bill adds shad (American shad and hickory shad) and river herring (blueback herring and alewife) to the list of managed stocks for the New England and Mid-Atlantic Fishery Management Council.

To improve the management of forage fish. 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. 1. References to the Magnuson-Stevens Fishery Conservation and Management Act. Findings. Definitions. Scientific advice. Council functions. Contents of fishery management plans. Action by the Secretary. River herring and shad. Sec. Rule of construction. 1801 et seq.). 3. Section 2(a) (16 U.S.C. While most species function as prey of others at some life stage, especially when small and young, forage fish maintain this important trophic role throughout their life. Therefore, particular attention to management of forage fish species, and addressing their unique role in marine ecosystems, is critical to maintaining ecosystem function and sustainable fisheries.''. 4. ''; (5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. 6. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. 7. 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 5 years after the date of enactment of this Act. 8. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). 9. (2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. 10.

To improve the management of forage fish. SHORT TITLE; TABLE OF CONTENTS. 1. References to the Magnuson-Stevens Fishery Conservation and Management Act. Findings. Definitions. Scientific advice. Council functions. Contents of fishery management plans. Action by the Secretary. River herring and shad. Sec. Rule of construction. 1801 et seq.). 3. Section 2(a) (16 U.S.C. Therefore, particular attention to management of forage fish species, and addressing their unique role in marine ecosystems, is critical to maintaining ecosystem function and sustainable fisheries.''. 4. ''; (5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. 6. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. 7. 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 5 years after the date of enactment of this Act. 8. 9. 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. 10.

To improve the management of forage fish. 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. 1. References to the Magnuson-Stevens Fishery Conservation and Management Act. Findings. Definitions. Scientific advice. Council functions. Contents of fishery management plans. Action by the Secretary. River herring and shad. Sec. Rule of construction. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 3. Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. While most species function as prey of others at some life stage, especially when small and young, forage fish maintain this important trophic role throughout their life. Further, fluctuations in their populations can result in significant changes in marine communities and ecosystems. Therefore, particular attention to management of forage fish species, and addressing their unique role in marine ecosystems, is critical to maintaining ecosystem function and sustainable fisheries.''. 4. ''; (5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. 1852(g)(1)(B)) is amended to read as follows: ``(B) Each scientific and statistical committee shall provide its Council ongoing scientific advice for fishery management decisions, including recommendations for-- ``(i) acceptable biological catch; ``(ii) preventing overfishing; ``(iii) maximum sustainable yield; ``(iv) achieving rebuilding targets; ``(v) maintaining a sufficient abundance, diversity, and localized distribution of forage fish populations to support their role in marine ecosystems; and ``(vi) reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices.''. 6. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. 7. 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 5 years after the date of enactment of this Act. 8. Section 304 (16 U.S.C. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). ``(2) Workshops.--In developing the guidelines under paragraph (1), the Secretary shall conduct workshops with Councils and other scientific, fisheries, and conservation interests.''. 9. (2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. 10. Nothing in this Act shall be construed as-- (1) extending or diminishing the jurisdiction or authority of any State within its boundaries; or (2) affecting-- (A) section 306 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

To improve the management of forage fish. 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. 1. References to the Magnuson-Stevens Fishery Conservation and Management Act. Findings. Definitions. Scientific advice. Council functions. Contents of fishery management plans. Action by the Secretary. River herring and shad. Sec. Rule of construction. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 3. Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. While most species function as prey of others at some life stage, especially when small and young, forage fish maintain this important trophic role throughout their life. Further, fluctuations in their populations can result in significant changes in marine communities and ecosystems. Therefore, particular attention to management of forage fish species, and addressing their unique role in marine ecosystems, is critical to maintaining ecosystem function and sustainable fisheries.''. 4. 1802) is amended-- (1) by redesignating the second paragraph (33) (relating to waters of a foreign nation) as paragraph (53); (2) by redesignating paragraphs (28) through (50) as paragraphs (30) through (52), respectively; (3) by redesignating paragraphs (19) through (27) as paragraphs (20) through (28), respectively; (4) by inserting after paragraph (18) the following: ``(19) The term `forage fish'-- ``(A) has the meaning given the term by the Secretary under section 305(l); and ``(B) with respect to a species in a fishery managed pursuant to a fishery management plan or plan amendment that is approved by the Secretary under section 304(a), means any species identified in such plan as a forage fish. ''; (5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. 1852(g)(1)(B)) is amended to read as follows: ``(B) Each scientific and statistical committee shall provide its Council ongoing scientific advice for fishery management decisions, including recommendations for-- ``(i) acceptable biological catch; ``(ii) preventing overfishing; ``(iii) maximum sustainable yield; ``(iv) achieving rebuilding targets; ``(v) maintaining a sufficient abundance, diversity, and localized distribution of forage fish populations to support their role in marine ecosystems; and ``(vi) reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices.''. 6. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. 1852(h)) is amended-- (1) in paragraph (8), by striking ``; and'' and inserting ``;''; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following: ``(9) develop a list of unmanaged forage fish occurring in the area under its authority and prohibit the development of any new directed forage fish fishery until the Council has-- ``(A) considered the best scientific information available and evaluated the potential impacts of forage fish harvest on existing fisheries, fishing communities, and the marine ecosystem; ``(B) determined whether conservation and management of the forage fish fishery is needed; ``(C) if a determination is made that conservation and management is needed, prepared and submitted to the Secretary a fishery management plan or amendment consistent with section 303; and ``(D) received final, approved regulations from the Secretary pursuant to section 304(b)(3); and''. 7. 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 5 years after the date of enactment of this Act. 8. Section 304 (16 U.S.C. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). ``(2) Workshops.--In developing the guidelines under paragraph (1), the Secretary shall conduct workshops with Councils and other scientific, fisheries, and conservation interests.''. 9. (2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. 10. Nothing in this Act shall be construed as-- (1) extending or diminishing the jurisdiction or authority of any State within its boundaries; or (2) affecting-- (A) section 306 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 5101 et seq.).

To improve the management of forage fish. Contents of fishery management plans. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. While most species function as prey of others at some life stage, especially when small and young, forage fish maintain this important trophic role throughout their life. In defining such term, the Secretary shall consider factors including whether a species covered by such definition, throughout such species' lifecycle-- ``(1) is at a low trophic level; ``(2) is generally small- to intermediate-sized; ``(3) occurs in schools or other dense aggregations; ``(4) contributes significantly to the diets of other fish, marine mammals, or birds; and ``(5) serves as a conduit for energy transfer to species at a higher trophic level.''. ( 5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. ''; and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. ( c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect 2 years after the date of enactment of this Act. CONTENTS OF FISHERY MANAGEMENT PLANS. ( 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( Section 304 (16 U.S.C. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). (2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). ( and all other applicable law; and (3) notwithstanding any other law, rule, or fishery management plan provision, including conservation and management measures under section 303(a)(11) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. RULE OF CONSTRUCTION.

To improve the management of forage fish. References to the Magnuson-Stevens Fishery Conservation and Management Act. Contents of fishery management plans. Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. 1855) is amended by adding at the end the following: ``(l) Forage Fish.--Not later than 6 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall issue a definition of the term `forage fish' for the purposes of this Act. and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. ( CONTENTS OF FISHERY MANAGEMENT PLANS. ( 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( b) Amendments of Plans.--Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall-- (1) amend the fishery management plans for the Atlantic Herring and Atlantic Mackerel, Squid, and Butterfish fisheries for the New England and Mid-Atlantic Regions to add shad and river herring as managed stocks in such plans consistent with section 302(h)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)(1)); (2) initiate additional fishery management plan amendments to be completed in not more than 1 year from the date of the addition of the species identified in paragraph (1) in order to develop and implement all required conservation and management measures for such stocks consistent with the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1801 et seq. ), RULE OF CONSTRUCTION.

To improve the management of forage fish. References to the Magnuson-Stevens Fishery Conservation and Management Act. Contents of fishery management plans. Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. 1855) is amended by adding at the end the following: ``(l) Forage Fish.--Not later than 6 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall issue a definition of the term `forage fish' for the purposes of this Act. and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. ( CONTENTS OF FISHERY MANAGEMENT PLANS. ( 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( b) Amendments of Plans.--Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall-- (1) amend the fishery management plans for the Atlantic Herring and Atlantic Mackerel, Squid, and Butterfish fisheries for the New England and Mid-Atlantic Regions to add shad and river herring as managed stocks in such plans consistent with section 302(h)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)(1)); (2) initiate additional fishery management plan amendments to be completed in not more than 1 year from the date of the addition of the species identified in paragraph (1) in order to develop and implement all required conservation and management measures for such stocks consistent with the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1801 et seq. ), RULE OF CONSTRUCTION.

To improve the management of forage fish. Contents of fishery management plans. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. While most species function as prey of others at some life stage, especially when small and young, forage fish maintain this important trophic role throughout their life. In defining such term, the Secretary shall consider factors including whether a species covered by such definition, throughout such species' lifecycle-- ``(1) is at a low trophic level; ``(2) is generally small- to intermediate-sized; ``(3) occurs in schools or other dense aggregations; ``(4) contributes significantly to the diets of other fish, marine mammals, or birds; and ``(5) serves as a conduit for energy transfer to species at a higher trophic level.''. ( 5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. ''; and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. ( c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect 2 years after the date of enactment of this Act. CONTENTS OF FISHERY MANAGEMENT PLANS. ( 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( Section 304 (16 U.S.C. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). (2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). ( and all other applicable law; and (3) notwithstanding any other law, rule, or fishery management plan provision, including conservation and management measures under section 303(a)(11) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. RULE OF CONSTRUCTION.

To improve the management of forage fish. References to the Magnuson-Stevens Fishery Conservation and Management Act. Contents of fishery management plans. Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. 1855) is amended by adding at the end the following: ``(l) Forage Fish.--Not later than 6 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall issue a definition of the term `forage fish' for the purposes of this Act. and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. ( CONTENTS OF FISHERY MANAGEMENT PLANS. ( 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( b) Amendments of Plans.--Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall-- (1) amend the fishery management plans for the Atlantic Herring and Atlantic Mackerel, Squid, and Butterfish fisheries for the New England and Mid-Atlantic Regions to add shad and river herring as managed stocks in such plans consistent with section 302(h)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)(1)); (2) initiate additional fishery management plan amendments to be completed in not more than 1 year from the date of the addition of the species identified in paragraph (1) in order to develop and implement all required conservation and management measures for such stocks consistent with the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1801 et seq. ), RULE OF CONSTRUCTION.

To improve the management of forage fish. Contents of fishery management plans. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. While most species function as prey of others at some life stage, especially when small and young, forage fish maintain this important trophic role throughout their life. In defining such term, the Secretary shall consider factors including whether a species covered by such definition, throughout such species' lifecycle-- ``(1) is at a low trophic level; ``(2) is generally small- to intermediate-sized; ``(3) occurs in schools or other dense aggregations; ``(4) contributes significantly to the diets of other fish, marine mammals, or birds; and ``(5) serves as a conduit for energy transfer to species at a higher trophic level.''. ( 5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. ''; and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. ( c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect 2 years after the date of enactment of this Act. CONTENTS OF FISHERY MANAGEMENT PLANS. ( 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( Section 304 (16 U.S.C. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). (2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). ( and all other applicable law; and (3) notwithstanding any other law, rule, or fishery management plan provision, including conservation and management measures under section 303(a)(11) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. RULE OF CONSTRUCTION.

To improve the management of forage fish. References to the Magnuson-Stevens Fishery Conservation and Management Act. Contents of fishery management plans. Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following: ``(14) Forage fish are generally small to intermediate- sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. 1855) is amended by adding at the end the following: ``(l) Forage Fish.--Not later than 6 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall issue a definition of the term `forage fish' for the purposes of this Act. and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting ``forage fish populations and distribution,'' after ``habitats,''. ( CONTENTS OF FISHERY MANAGEMENT PLANS. ( 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( b) Amendments of Plans.--Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall-- (1) amend the fishery management plans for the Atlantic Herring and Atlantic Mackerel, Squid, and Butterfish fisheries for the New England and Mid-Atlantic Regions to add shad and river herring as managed stocks in such plans consistent with section 302(h)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)(1)); (2) initiate additional fishery management plan amendments to be completed in not more than 1 year from the date of the addition of the species identified in paragraph (1) in order to develop and implement all required conservation and management measures for such stocks consistent with the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1801 et seq. ), RULE OF CONSTRUCTION.

To improve the management of forage fish. In defining such term, the Secretary shall consider factors including whether a species covered by such definition, throughout such species' lifecycle-- ``(1) is at a low trophic level; ``(2) is generally small- to intermediate-sized; ``(3) occurs in schools or other dense aggregations; ``(4) contributes significantly to the diets of other fish, marine mammals, or birds; and ``(5) serves as a conduit for energy transfer to species at a higher trophic level.''. ( 5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. ''; 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( Section 304 (16 U.S.C. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). ( 2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). (

To improve the management of forage fish. and (6) in paragraph (35), as redesignated by paragraph (2)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component.''. RULE OF CONSTRUCTION.

To improve the management of forage fish. In defining such term, the Secretary shall consider factors including whether a species covered by such definition, throughout such species' lifecycle-- ``(1) is at a low trophic level; ``(2) is generally small- to intermediate-sized; ``(3) occurs in schools or other dense aggregations; ``(4) contributes significantly to the diets of other fish, marine mammals, or birds; and ``(5) serves as a conduit for energy transfer to species at a higher trophic level.''. ( 5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: ``(29) The term `low trophic level' means a position in the marine food web in which the fish generally consume plankton. ''; 1853(a)) is amended-- (1) in paragraph (14), by striking ``and;'' and inserting ``;''; (2) in paragraph (15), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.''. ( Section 304 (16 U.S.C. 1854) is amended-- (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: ``(k) Forage Fish Management Guidelines.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021, the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). ( 2) Shad.--The term ``shad'' means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). (

Forage Fish Conservation Act of 2021 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Secretary of Commerce to issue a definition of the term "forage fish." Requires the Secretary to consider factors including whether a species: (1) is at a low trophic level; (2) is generally small- to intermediate-sized; (3 Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Secretary of Commerce to: (1) amend the fishery management plans for the Atlantic Herring and Atlantic Mackerel, Squid, and Butterfish fisheries for the New England and Mid-Atlantic Regions to add shad and river herring as managed stocks consistent with such Act; (2) initiate

H.R.791

Health

Tracking COVID-19 Variants Act This bill expands viral genomic sequencing, disease surveillance, and other public health research activities. Specifically, the Centers for Disease Control and Prevention (CDC) must issue guidance on the sequencing of the virus that causes COVID-19 (i.e., coronavirus disease 2019). Additionally, the CDC must establish a program to strengthen genomic sequencing, analytics, and disease surveillance activities. As part of this program, the CDC must provide grants and technical assistance to health departments to build their capacity to carry out such activities. Furthermore, the National Center for Health Statistics (NCHS) must carry out a demonstration program to expand an existing program that links different federal data sets for statistical public health research, including research on food insecurity, housing instability, and other social determinants of health. In particular, the program must support linkages with the National Death Index, a database of death records maintained by the NCHS.

To improve activities for the gathering of data on, and the tracking of, new variants of COVID-19. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tracking COVID-19 Variants Act''. SEC. 2. FINDINGS. Congress finds that-- (1) new variants of SARS-CoV-2 are being identified around the world and in the United States; (2) identifying new variants of SARS-CoV-2 and analyzing the epidemiology of variants are critical to the continued response to the COVID-19 pandemic and efforts to prepare for future pandemics; (3) national sequence-based surveillance will enable the United States to best identify new variants; and (4) the United States is conducting sequence-based surveillance of approximately 0.3 percent of COVID-19 cases, lagging far behind other nations. SEC. 3. GUIDANCE. The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, shall issue national guidance to support scientific collaboration relating to viral sequencing as a key strategy to the COVID-19 response activities of the United States, including guidance related to the sharing of specimens obtained from patients, the secure sharing of information about such specimens necessary for an effective public health response to COVID-19, and the appropriate use of viral sequence data derived from such specimens. SEC. 4. FUNDING FOR GENOMIC SEQUENCING, ANALYTICS, AND DISEASE SURVEILLANCE. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish and implement a program to strengthen and expand activities related to genomic sequencing, analytics, and disease surveillance. (b) Use of Funds.--In implementing the program under subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- (1) conduct and expand activities, including supporting the Advanced Molecular Detection Program, to sequence the genome of circulating strains of the SARS-CoV-2 virus, to identify mutations in the SARS-CoV-2 virus, and to survey the circulation and transmission of variant strains of the SARS- CoV-2 virus; (2) provide technical assistance and guidance and award grants or cooperative agreements to State, local, Trial, or territorial public health departments to increase the capacity of such departments to sequence the genome of circulating strains of the SARS-CoV-2 virus, to identify mutations in the SARS-CoV-2 virus, to use genomic sequencing to identify outbreaks and clusters of COVID-19 infections caused by specific variants of SARS-CoV-2, and to develop effective COVID-19 response strategies based on genetic sequencing and surveillance data; and (3) carry out activities to both enhance the informatics capabilities of the public health workforce and expand the numbers of qualified public health informaticians available to analyze and interpret data produced through advanced molecular detection and genomic sequencing to establish, expand, or enhance capacity for conducting statistical public health research. (c) Implementation.-- (1) Cooperative agreements for technical assistance.-- Cooperative agreements described in subsection (b)(2) may include partnerships with academic research institutions. (2) Capacity for sharing and linking.--The capacity referred to in subsection (b)(3) may include sharing and linking information and accessing and utilizing linked health data files in accordance with established data use agreements with data holders (including electronic case reporting, electronic health records, and electronic test orders and results) with public health agencies and related systems, including the National Death Index, immunization information systems, syndromic surveillance systems, laboratory information management systems, electronic case reporting systems, medical examiner case management systems, and Patient Unified Look-up Systems for Emergencies. (d) Facilities.--Funds appropriated under subsection (f) may be used for grants for the construction, alteration, or renovation of non- federally owned facilities to improve genetic sequencing and surveillance capabilities at the State and local level. (e) Expansion of Ongoing Activities.--Funds appropriated under subsection (f) may be used for grants for the maintenance and expansion of current and ongoing activities to analyze and interpret data produced through advanced molecular detection and genomic sequencing, including for emerging public health threats. (f) Authorization of Appropriations.--There is authorized to be appropriated, $2,000,000,000 for fiscal year 2021 to carry out this section, to remain available until expended. SEC. 5. EVIDENCE-BUILDING DEMONSTRATION PROGRAM. (a) In General.--The Secretary, acting through the Director of the National Center for Health Statistics, shall carry out a demonstration program to expand the data linkage program of the Department of Health and Human Services, consisting of Federal statistical and programmatic datasets from specified Federal entities, as authorized by subchapter III of chapter 35 of title 44, United States Code, for the purpose of facilitating statistical public health research on trends and patterns across specifically defined, statistically relevant populations, with a particular focus on linking social determinants of health data, including with respect to-- (1) food insecurity; (2) housing instability; (3) transportation access; (4) safety; (5) social connection and isolation; (6) financial resource strain; (7) stress; (8) race and ethnicity; and (9) sexual orientation and gender identity. (b) Activities.--Activities carried out under the demonstration program under this section shall include-- (1) assessing the availability of identified and de- identified data sets held by Federal, State, local, and non- Federal entities that may be useful for research described in subsection (a); and (2) using existing authorities and linkages of data in accordance with subchapter III of chapter 35 of title 44, United States Code, when relevant to request the submission of datasets to the National Center for Health Statistics for linking. (c) Limitation.--The Secretary shall limit access to data under the demonstration program under this section-- (1) to Federal statistical agencies and qualified public and private researchers, as determined by the Director of the National Center for Health Statistics; (2) for a period to be specified by the Secretary; and (3) exclusively for the purpose described in subsection (a). (d) Process for Making Data Available.-- (1) In general.--Consistent with paragraph (2), the Secretary shall establish a rigorous process for making data available and usable under the demonstration program under this section. (2) Requirements.--Prior to making any data available under the demonstration program under this section, by an entity described in subsection (b)(1) to another entity described in subsection (b)(1)-- (A) the receiving entity shall submit to the Director of the National Center for Health Statistics an application for data for the purpose described in subsection (a); and (B) the Director shall approve or deny such request in writing, including in the case of a denial an explanation of the reasons for the denial. (e) Rulemaking.-- (1) No delay on implementation.--The Secretary-- (A) shall begin the implementation of the demonstration program under this section upon the date of enactment of this Act; and (B) shall not delay such implementation for purposes of promulgating the regulations required by paragraph (2). (2) Promulgation.--The Secretary shall-- (A) promulgate regulations for carrying out this section; and (B) specify in such regulations the allowed and disallowed purposes for sharing and linking data through the program, including areas of potential research. (f) Website.--The Secretary shall maintain a publicly accessible website-- (1) providing information about demonstration program under this section; (2) facilitating stakeholder participation in such demonstration program; (3) facilitating oversight of such demonstration program; (4) providing lists of datasets from Federal and non- Federal entities; (5) providing lists of identified and de-identified datasets; (6) identifying linked datasets; (7) delineating a process to protect privacy and confidentiality; (8) identifying sources of the datasets; and (9) delineating categories of personal data. (g) Program Requirements.--The demonstration program under this section shall be designed to-- (1) support data matching services for agencies and researchers using the National Death Index; and (2) facilitate collaboration with States and private entities to examine, update, and modernize the fee structure of the National Death Index to support a broad range of data queries. (h) Contracted Entities.-- (1) In general.--Subject to the availability of appropriations, the Secretary may enter into contracts with eligible entities, as appropriate, for infrastructure and support services in carrying out the demonstration program under this section. (2) Eligibility.--To be eligible for a contract under paragraph (1), an entity shall-- (A) demonstrate core capabilities for data sharing, data linkage, and compliance with subchapter III of chapter 35 of title 44, United States Code; and (B) adhere to security standards in accordance with the Federal Risk and Authorization Management Program (or any successor program). (i) Rule of Construction.--Nothing in this section shall be construed to authorize the availability or use of data for-- (1) law enforcement; or (2) any determination of the eligibility of an individual for any direct or indirect payment, benefit, or service. (j) Report to Congress.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit a report to the Congress on the implementation of this section, including-- (1) identification of best State practices for-- (A) sharing data with, and reporting data to, the National Death Index; and (B) ensuring the quality of such data; and (2) recommendations to improve-- (A) such sharing and reporting; and (B) access to the National Death Index by researchers. (k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $10,000,000 for fiscal year 2021, to remain available until expended. <all>

Tracking COVID–19 Variants Act

To improve activities for the gathering of data on, and the tracking of, new variants of COVID-19.

Tracking COVID–19 Variants Act

Rep. Bera, Ami

D

CA

This bill expands viral genomic sequencing, disease surveillance, and other public health research activities. Specifically, the Centers for Disease Control and Prevention (CDC) must issue guidance on the sequencing of the virus that causes COVID-19 (i.e., coronavirus disease 2019). Additionally, the CDC must establish a program to strengthen genomic sequencing, analytics, and disease surveillance activities. As part of this program, the CDC must provide grants and technical assistance to health departments to build their capacity to carry out such activities. Furthermore, the National Center for Health Statistics (NCHS) must carry out a demonstration program to expand an existing program that links different federal data sets for statistical public health research, including research on food insecurity, housing instability, and other social determinants of health. In particular, the program must support linkages with the National Death Index, a database of death records maintained by the NCHS.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tracking COVID-19 Variants Act''. 2. 3. GUIDANCE. 4. FUNDING FOR GENOMIC SEQUENCING, ANALYTICS, AND DISEASE SURVEILLANCE. (b) Use of Funds.--In implementing the program under subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- (1) conduct and expand activities, including supporting the Advanced Molecular Detection Program, to sequence the genome of circulating strains of the SARS-CoV-2 virus, to identify mutations in the SARS-CoV-2 virus, and to survey the circulation and transmission of variant strains of the SARS- CoV-2 virus; (2) provide technical assistance and guidance and award grants or cooperative agreements to State, local, Trial, or territorial public health departments to increase the capacity of such departments to sequence the genome of circulating strains of the SARS-CoV-2 virus, to identify mutations in the SARS-CoV-2 virus, to use genomic sequencing to identify outbreaks and clusters of COVID-19 infections caused by specific variants of SARS-CoV-2, and to develop effective COVID-19 response strategies based on genetic sequencing and surveillance data; and (3) carry out activities to both enhance the informatics capabilities of the public health workforce and expand the numbers of qualified public health informaticians available to analyze and interpret data produced through advanced molecular detection and genomic sequencing to establish, expand, or enhance capacity for conducting statistical public health research. (2) Capacity for sharing and linking.--The capacity referred to in subsection (b)(3) may include sharing and linking information and accessing and utilizing linked health data files in accordance with established data use agreements with data holders (including electronic case reporting, electronic health records, and electronic test orders and results) with public health agencies and related systems, including the National Death Index, immunization information systems, syndromic surveillance systems, laboratory information management systems, electronic case reporting systems, medical examiner case management systems, and Patient Unified Look-up Systems for Emergencies. (f) Authorization of Appropriations.--There is authorized to be appropriated, $2,000,000,000 for fiscal year 2021 to carry out this section, to remain available until expended. SEC. 5. (d) Process for Making Data Available.-- (1) In general.--Consistent with paragraph (2), the Secretary shall establish a rigorous process for making data available and usable under the demonstration program under this section. (2) Requirements.--Prior to making any data available under the demonstration program under this section, by an entity described in subsection (b)(1) to another entity described in subsection (b)(1)-- (A) the receiving entity shall submit to the Director of the National Center for Health Statistics an application for data for the purpose described in subsection (a); and (B) the Director shall approve or deny such request in writing, including in the case of a denial an explanation of the reasons for the denial.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tracking COVID-19 Variants Act''. 2. 3. GUIDANCE. 4. FUNDING FOR GENOMIC SEQUENCING, ANALYTICS, AND DISEASE SURVEILLANCE. (2) Capacity for sharing and linking.--The capacity referred to in subsection (b)(3) may include sharing and linking information and accessing and utilizing linked health data files in accordance with established data use agreements with data holders (including electronic case reporting, electronic health records, and electronic test orders and results) with public health agencies and related systems, including the National Death Index, immunization information systems, syndromic surveillance systems, laboratory information management systems, electronic case reporting systems, medical examiner case management systems, and Patient Unified Look-up Systems for Emergencies. (f) Authorization of Appropriations.--There is authorized to be appropriated, $2,000,000,000 for fiscal year 2021 to carry out this section, to remain available until expended. SEC. 5. (d) Process for Making Data Available.-- (1) In general.--Consistent with paragraph (2), the Secretary shall establish a rigorous process for making data available and usable under the demonstration program under this section. (2) Requirements.--Prior to making any data available under the demonstration program under this section, by an entity described in subsection (b)(1) to another entity described in subsection (b)(1)-- (A) the receiving entity shall submit to the Director of the National Center for Health Statistics an application for data for the purpose described in subsection (a); and (B) the Director shall approve or deny such request in writing, including in the case of a denial an explanation of the reasons for the denial.

To improve activities for the gathering of data on, and the tracking of, new variants of COVID-19. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tracking COVID-19 Variants Act''. 2. FINDINGS. 3. GUIDANCE. 4. FUNDING FOR GENOMIC SEQUENCING, ANALYTICS, AND DISEASE SURVEILLANCE. (b) Use of Funds.--In implementing the program under subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- (1) conduct and expand activities, including supporting the Advanced Molecular Detection Program, to sequence the genome of circulating strains of the SARS-CoV-2 virus, to identify mutations in the SARS-CoV-2 virus, and to survey the circulation and transmission of variant strains of the SARS- CoV-2 virus; (2) provide technical assistance and guidance and award grants or cooperative agreements to State, local, Trial, or territorial public health departments to increase the capacity of such departments to sequence the genome of circulating strains of the SARS-CoV-2 virus, to identify mutations in the SARS-CoV-2 virus, to use genomic sequencing to identify outbreaks and clusters of COVID-19 infections caused by specific variants of SARS-CoV-2, and to develop effective COVID-19 response strategies based on genetic sequencing and surveillance data; and (3) carry out activities to both enhance the informatics capabilities of the public health workforce and expand the numbers of qualified public health informaticians available to analyze and interpret data produced through advanced molecular detection and genomic sequencing to establish, expand, or enhance capacity for conducting statistical public health research. (2) Capacity for sharing and linking.--The capacity referred to in subsection (b)(3) may include sharing and linking information and accessing and utilizing linked health data files in accordance with established data use agreements with data holders (including electronic case reporting, electronic health records, and electronic test orders and results) with public health agencies and related systems, including the National Death Index, immunization information systems, syndromic surveillance systems, laboratory information management systems, electronic case reporting systems, medical examiner case management systems, and Patient Unified Look-up Systems for Emergencies. (f) Authorization of Appropriations.--There is authorized to be appropriated, $2,000,000,000 for fiscal year 2021 to carry out this section, to remain available until expended. SEC. 5. (d) Process for Making Data Available.-- (1) In general.--Consistent with paragraph (2), the Secretary shall establish a rigorous process for making data available and usable under the demonstration program under this section. (2) Requirements.--Prior to making any data available under the demonstration program under this section, by an entity described in subsection (b)(1) to another entity described in subsection (b)(1)-- (A) the receiving entity shall submit to the Director of the National Center for Health Statistics an application for data for the purpose described in subsection (a); and (B) the Director shall approve or deny such request in writing, including in the case of a denial an explanation of the reasons for the denial. (e) Rulemaking.-- (1) No delay on implementation.--The Secretary-- (A) shall begin the implementation of the demonstration program under this section upon the date of enactment of this Act; and (B) shall not delay such implementation for purposes of promulgating the regulations required by paragraph (2). (f) Website.--The Secretary shall maintain a publicly accessible website-- (1) providing information about demonstration program under this section; (2) facilitating stakeholder participation in such demonstration program; (3) facilitating oversight of such demonstration program; (4) providing lists of datasets from Federal and non- Federal entities; (5) providing lists of identified and de-identified datasets; (6) identifying linked datasets; (7) delineating a process to protect privacy and confidentiality; (8) identifying sources of the datasets; and (9) delineating categories of personal data. (h) Contracted Entities.-- (1) In general.--Subject to the availability of appropriations, the Secretary may enter into contracts with eligible entities, as appropriate, for infrastructure and support services in carrying out the demonstration program under this section. (2) Eligibility.--To be eligible for a contract under paragraph (1), an entity shall-- (A) demonstrate core capabilities for data sharing, data linkage, and compliance with subchapter III of chapter 35 of title 44, United States Code; and (B) adhere to security standards in accordance with the Federal Risk and Authorization Management Program (or any successor program).

To improve activities for the gathering of data on, and the tracking of, new variants of COVID-19. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tracking COVID-19 Variants Act''. 2. FINDINGS. 3. GUIDANCE. 4. FUNDING FOR GENOMIC SEQUENCING, ANALYTICS, AND DISEASE SURVEILLANCE. (b) Use of Funds.--In implementing the program under subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- (1) conduct and expand activities, including supporting the Advanced Molecular Detection Program, to sequence the genome of circulating strains of the SARS-CoV-2 virus, to identify mutations in the SARS-CoV-2 virus, and to survey the circulation and transmission of variant strains of the SARS- CoV-2 virus; (2) provide technical assistance and guidance and award grants or cooperative agreements to State, local, Trial, or territorial public health departments to increase the capacity of such departments to sequence the genome of circulating strains of the SARS-CoV-2 virus, to identify mutations in the SARS-CoV-2 virus, to use genomic sequencing to identify outbreaks and clusters of COVID-19 infections caused by specific variants of SARS-CoV-2, and to develop effective COVID-19 response strategies based on genetic sequencing and surveillance data; and (3) carry out activities to both enhance the informatics capabilities of the public health workforce and expand the numbers of qualified public health informaticians available to analyze and interpret data produced through advanced molecular detection and genomic sequencing to establish, expand, or enhance capacity for conducting statistical public health research. (2) Capacity for sharing and linking.--The capacity referred to in subsection (b)(3) may include sharing and linking information and accessing and utilizing linked health data files in accordance with established data use agreements with data holders (including electronic case reporting, electronic health records, and electronic test orders and results) with public health agencies and related systems, including the National Death Index, immunization information systems, syndromic surveillance systems, laboratory information management systems, electronic case reporting systems, medical examiner case management systems, and Patient Unified Look-up Systems for Emergencies. (d) Facilities.--Funds appropriated under subsection (f) may be used for grants for the construction, alteration, or renovation of non- federally owned facilities to improve genetic sequencing and surveillance capabilities at the State and local level. (f) Authorization of Appropriations.--There is authorized to be appropriated, $2,000,000,000 for fiscal year 2021 to carry out this section, to remain available until expended. SEC. 5. EVIDENCE-BUILDING DEMONSTRATION PROGRAM. (d) Process for Making Data Available.-- (1) In general.--Consistent with paragraph (2), the Secretary shall establish a rigorous process for making data available and usable under the demonstration program under this section. (2) Requirements.--Prior to making any data available under the demonstration program under this section, by an entity described in subsection (b)(1) to another entity described in subsection (b)(1)-- (A) the receiving entity shall submit to the Director of the National Center for Health Statistics an application for data for the purpose described in subsection (a); and (B) the Director shall approve or deny such request in writing, including in the case of a denial an explanation of the reasons for the denial. (e) Rulemaking.-- (1) No delay on implementation.--The Secretary-- (A) shall begin the implementation of the demonstration program under this section upon the date of enactment of this Act; and (B) shall not delay such implementation for purposes of promulgating the regulations required by paragraph (2). (f) Website.--The Secretary shall maintain a publicly accessible website-- (1) providing information about demonstration program under this section; (2) facilitating stakeholder participation in such demonstration program; (3) facilitating oversight of such demonstration program; (4) providing lists of datasets from Federal and non- Federal entities; (5) providing lists of identified and de-identified datasets; (6) identifying linked datasets; (7) delineating a process to protect privacy and confidentiality; (8) identifying sources of the datasets; and (9) delineating categories of personal data. (g) Program Requirements.--The demonstration program under this section shall be designed to-- (1) support data matching services for agencies and researchers using the National Death Index; and (2) facilitate collaboration with States and private entities to examine, update, and modernize the fee structure of the National Death Index to support a broad range of data queries. (h) Contracted Entities.-- (1) In general.--Subject to the availability of appropriations, the Secretary may enter into contracts with eligible entities, as appropriate, for infrastructure and support services in carrying out the demonstration program under this section. (2) Eligibility.--To be eligible for a contract under paragraph (1), an entity shall-- (A) demonstrate core capabilities for data sharing, data linkage, and compliance with subchapter III of chapter 35 of title 44, United States Code; and (B) adhere to security standards in accordance with the Federal Risk and Authorization Management Program (or any successor program). (i) Rule of Construction.--Nothing in this section shall be construed to authorize the availability or use of data for-- (1) law enforcement; or (2) any determination of the eligibility of an individual for any direct or indirect payment, benefit, or service.

To improve activities for the gathering of data on, and the tracking of, new variants of COVID-19. Congress finds that-- (1) new variants of SARS-CoV-2 are being identified around the world and in the United States; (2) identifying new variants of SARS-CoV-2 and analyzing the epidemiology of variants are critical to the continued response to the COVID-19 pandemic and efforts to prepare for future pandemics; (3) national sequence-based surveillance will enable the United States to best identify new variants; and (4) the United States is conducting sequence-based surveillance of approximately 0.3 percent of COVID-19 cases, lagging far behind other nations. FUNDING FOR GENOMIC SEQUENCING, ANALYTICS, AND DISEASE SURVEILLANCE. ( a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish and implement a program to strengthen and expand activities related to genomic sequencing, analytics, and disease surveillance. c) Implementation.-- (1) Cooperative agreements for technical assistance.-- Cooperative agreements described in subsection (b)(2) may include partnerships with academic research institutions. d) Facilities.--Funds appropriated under subsection (f) may be used for grants for the construction, alteration, or renovation of non- federally owned facilities to improve genetic sequencing and surveillance capabilities at the State and local level. ( e) Expansion of Ongoing Activities.--Funds appropriated under subsection (f) may be used for grants for the maintenance and expansion of current and ongoing activities to analyze and interpret data produced through advanced molecular detection and genomic sequencing, including for emerging public health threats. ( b) Activities.--Activities carried out under the demonstration program under this section shall include-- (1) assessing the availability of identified and de- identified data sets held by Federal, State, local, and non- Federal entities that may be useful for research described in subsection (a); and (2) using existing authorities and linkages of data in accordance with subchapter III of chapter 35 of title 44, United States Code, when relevant to request the submission of datasets to the National Center for Health Statistics for linking. (c) Limitation.--The Secretary shall limit access to data under the demonstration program under this section-- (1) to Federal statistical agencies and qualified public and private researchers, as determined by the Director of the National Center for Health Statistics; (2) for a period to be specified by the Secretary; and (3) exclusively for the purpose described in subsection (a). ( 2) Requirements.--Prior to making any data available under the demonstration program under this section, by an entity described in subsection (b)(1) to another entity described in subsection (b)(1)-- (A) the receiving entity shall submit to the Director of the National Center for Health Statistics an application for data for the purpose described in subsection (a); and (B) the Director shall approve or deny such request in writing, including in the case of a denial an explanation of the reasons for the denial. ( (2) Promulgation.--The Secretary shall-- (A) promulgate regulations for carrying out this section; and (B) specify in such regulations the allowed and disallowed purposes for sharing and linking data through the program, including areas of potential research. ( g) Program Requirements.--The demonstration program under this section shall be designed to-- (1) support data matching services for agencies and researchers using the National Death Index; and (2) facilitate collaboration with States and private entities to examine, update, and modernize the fee structure of the National Death Index to support a broad range of data queries. ( (2) Eligibility.--To be eligible for a contract under paragraph (1), an entity shall-- (A) demonstrate core capabilities for data sharing, data linkage, and compliance with subchapter III of chapter 35 of title 44, United States Code; and (B) adhere to security standards in accordance with the Federal Risk and Authorization Management Program (or any successor program). ( i) Rule of Construction.--Nothing in this section shall be construed to authorize the availability or use of data for-- (1) law enforcement; or (2) any determination of the eligibility of an individual for any direct or indirect payment, benefit, or service. (

To improve activities for the gathering of data on, and the tracking of, new variants of COVID-19. Congress finds that-- (1) new variants of SARS-CoV-2 are being identified around the world and in the United States; (2) identifying new variants of SARS-CoV-2 and analyzing the epidemiology of variants are critical to the continued response to the COVID-19 pandemic and efforts to prepare for future pandemics; (3) national sequence-based surveillance will enable the United States to best identify new variants; and (4) the United States is conducting sequence-based surveillance of approximately 0.3 percent of COVID-19 cases, lagging far behind other nations. c) Implementation.-- (1) Cooperative agreements for technical assistance.-- Cooperative agreements described in subsection (b)(2) may include partnerships with academic research institutions. ( d) Facilities.--Funds appropriated under subsection (f) may be used for grants for the construction, alteration, or renovation of non- federally owned facilities to improve genetic sequencing and surveillance capabilities at the State and local level. (e) Expansion of Ongoing Activities.--Funds appropriated under subsection (f) may be used for grants for the maintenance and expansion of current and ongoing activities to analyze and interpret data produced through advanced molecular detection and genomic sequencing, including for emerging public health threats. ( b) Activities.--Activities carried out under the demonstration program under this section shall include-- (1) assessing the availability of identified and de- identified data sets held by Federal, State, local, and non- Federal entities that may be useful for research described in subsection (a); and (2) using existing authorities and linkages of data in accordance with subchapter III of chapter 35 of title 44, United States Code, when relevant to request the submission of datasets to the National Center for Health Statistics for linking. ( (d) Process for Making Data Available.-- (1) In general.--Consistent with paragraph (2), the Secretary shall establish a rigorous process for making data available and usable under the demonstration program under this section. ( 2) Promulgation.--The Secretary shall-- (A) promulgate regulations for carrying out this section; and (B) specify in such regulations the allowed and disallowed purposes for sharing and linking data through the program, including areas of potential research. ( (2) Eligibility.--To be eligible for a contract under paragraph (1), an entity shall-- (A) demonstrate core capabilities for data sharing, data linkage, and compliance with subchapter III of chapter 35 of title 44, United States Code; and (B) adhere to security standards in accordance with the Federal Risk and Authorization Management Program (or any successor program). ( i) Rule of Construction.--Nothing in this section shall be construed to authorize the availability or use of data for-- (1) law enforcement; or (2) any determination of the eligibility of an individual for any direct or indirect payment, benefit, or service. (

To improve activities for the gathering of data on, and the tracking of, new variants of COVID-19. Congress finds that-- (1) new variants of SARS-CoV-2 are being identified around the world and in the United States; (2) identifying new variants of SARS-CoV-2 and analyzing the epidemiology of variants are critical to the continued response to the COVID-19 pandemic and efforts to prepare for future pandemics; (3) national sequence-based surveillance will enable the United States to best identify new variants; and (4) the United States is conducting sequence-based surveillance of approximately 0.3 percent of COVID-19 cases, lagging far behind other nations. c) Implementation.-- (1) Cooperative agreements for technical assistance.-- Cooperative agreements described in subsection (b)(2) may include partnerships with academic research institutions. ( d) Facilities.--Funds appropriated under subsection (f) may be used for grants for the construction, alteration, or renovation of non- federally owned facilities to improve genetic sequencing and surveillance capabilities at the State and local level. (e) Expansion of Ongoing Activities.--Funds appropriated under subsection (f) may be used for grants for the maintenance and expansion of current and ongoing activities to analyze and interpret data produced through advanced molecular detection and genomic sequencing, including for emerging public health threats. ( b) Activities.--Activities carried out under the demonstration program under this section shall include-- (1) assessing the availability of identified and de- identified data sets held by Federal, State, local, and non- Federal entities that may be useful for research described in subsection (a); and (2) using existing authorities and linkages of data in accordance with subchapter III of chapter 35 of title 44, United States Code, when relevant to request the submission of datasets to the National Center for Health Statistics for linking. ( (d) Process for Making Data Available.-- (1) In general.--Consistent with paragraph (2), the Secretary shall establish a rigorous process for making data available and usable under the demonstration program under this section. ( 2) Promulgation.--The Secretary shall-- (A) promulgate regulations for carrying out this section; and (B) specify in such regulations the allowed and disallowed purposes for sharing and linking data through the program, including areas of potential research. ( (2) Eligibility.--To be eligible for a contract under paragraph (1), an entity shall-- (A) demonstrate core capabilities for data sharing, data linkage, and compliance with subchapter III of chapter 35 of title 44, United States Code; and (B) adhere to security standards in accordance with the Federal Risk and Authorization Management Program (or any successor program). ( i) Rule of Construction.--Nothing in this section shall be construed to authorize the availability or use of data for-- (1) law enforcement; or (2) any determination of the eligibility of an individual for any direct or indirect payment, benefit, or service. (

To improve activities for the gathering of data on, and the tracking of, new variants of COVID-19. Congress finds that-- (1) new variants of SARS-CoV-2 are being identified around the world and in the United States; (2) identifying new variants of SARS-CoV-2 and analyzing the epidemiology of variants are critical to the continued response to the COVID-19 pandemic and efforts to prepare for future pandemics; (3) national sequence-based surveillance will enable the United States to best identify new variants; and (4) the United States is conducting sequence-based surveillance of approximately 0.3 percent of COVID-19 cases, lagging far behind other nations. FUNDING FOR GENOMIC SEQUENCING, ANALYTICS, AND DISEASE SURVEILLANCE. ( a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish and implement a program to strengthen and expand activities related to genomic sequencing, analytics, and disease surveillance. c) Implementation.-- (1) Cooperative agreements for technical assistance.-- Cooperative agreements described in subsection (b)(2) may include partnerships with academic research institutions. d) Facilities.--Funds appropriated under subsection (f) may be used for grants for the construction, alteration, or renovation of non- federally owned facilities to improve genetic sequencing and surveillance capabilities at the State and local level. ( e) Expansion of Ongoing Activities.--Funds appropriated under subsection (f) may be used for grants for the maintenance and expansion of current and ongoing activities to analyze and interpret data produced through advanced molecular detection and genomic sequencing, including for emerging public health threats. ( b) Activities.--Activities carried out under the demonstration program under this section shall include-- (1) assessing the availability of identified and de- identified data sets held by Federal, State, local, and non- Federal entities that may be useful for research described in subsection (a); and (2) using existing authorities and linkages of data in accordance with subchapter III of chapter 35 of title 44, United States Code, when relevant to request the submission of datasets to the National Center for Health Statistics for linking. (c) Limitation.--The Secretary shall limit access to data under the demonstration program under this section-- (1) to Federal statistical agencies and qualified public and private researchers, as determined by the Director of the National Center for Health Statistics; (2) for a period to be specified by the Secretary; and (3) exclusively for the purpose described in subsection (a). ( 2) Requirements.--Prior to making any data available under the demonstration program under this section, by an entity described in subsection (b)(1) to another entity described in subsection (b)(1)-- (A) the receiving entity shall submit to the Director of the National Center for Health Statistics an application for data for the purpose described in subsection (a); and (B) the Director shall approve or deny such request in writing, including in the case of a denial an explanation of the reasons for the denial. ( (2) Promulgation.--The Secretary shall-- (A) promulgate regulations for carrying out this section; and (B) specify in such regulations the allowed and disallowed purposes for sharing and linking data through the program, including areas of potential research. ( g) Program Requirements.--The demonstration program under this section shall be designed to-- (1) support data matching services for agencies and researchers using the National Death Index; and (2) facilitate collaboration with States and private entities to examine, update, and modernize the fee structure of the National Death Index to support a broad range of data queries. ( (2) Eligibility.--To be eligible for a contract under paragraph (1), an entity shall-- (A) demonstrate core capabilities for data sharing, data linkage, and compliance with subchapter III of chapter 35 of title 44, United States Code; and (B) adhere to security standards in accordance with the Federal Risk and Authorization Management Program (or any successor program). ( i) Rule of Construction.--Nothing in this section shall be construed to authorize the availability or use of data for-- (1) law enforcement; or (2) any determination of the eligibility of an individual for any direct or indirect payment, benefit, or service. (

To improve activities for the gathering of data on, and the tracking of, new variants of COVID-19. Congress finds that-- (1) new variants of SARS-CoV-2 are being identified around the world and in the United States; (2) identifying new variants of SARS-CoV-2 and analyzing the epidemiology of variants are critical to the continued response to the COVID-19 pandemic and efforts to prepare for future pandemics; (3) national sequence-based surveillance will enable the United States to best identify new variants; and (4) the United States is conducting sequence-based surveillance of approximately 0.3 percent of COVID-19 cases, lagging far behind other nations. c) Implementation.-- (1) Cooperative agreements for technical assistance.-- Cooperative agreements described in subsection (b)(2) may include partnerships with academic research institutions. ( d) Facilities.--Funds appropriated under subsection (f) may be used for grants for the construction, alteration, or renovation of non- federally owned facilities to improve genetic sequencing and surveillance capabilities at the State and local level. (e) Expansion of Ongoing Activities.--Funds appropriated under subsection (f) may be used for grants for the maintenance and expansion of current and ongoing activities to analyze and interpret data produced through advanced molecular detection and genomic sequencing, including for emerging public health threats. ( b) Activities.--Activities carried out under the demonstration program under this section shall include-- (1) assessing the availability of identified and de- identified data sets held by Federal, State, local, and non- Federal entities that may be useful for research described in subsection (a); and (2) using existing authorities and linkages of data in accordance with subchapter III of chapter 35 of title 44, United States Code, when relevant to request the submission of datasets to the National Center for Health Statistics for linking. ( (d) Process for Making Data Available.-- (1) In general.--Consistent with paragraph (2), the Secretary shall establish a rigorous process for making data available and usable under the demonstration program under this section. ( 2) Promulgation.--The Secretary shall-- (A) promulgate regulations for carrying out this section; and (B) specify in such regulations the allowed and disallowed purposes for sharing and linking data through the program, including areas of potential research. ( (2) Eligibility.--To be eligible for a contract under paragraph (1), an entity shall-- (A) demonstrate core capabilities for data sharing, data linkage, and compliance with subchapter III of chapter 35 of title 44, United States Code; and (B) adhere to security standards in accordance with the Federal Risk and Authorization Management Program (or any successor program). ( i) Rule of Construction.--Nothing in this section shall be construed to authorize the availability or use of data for-- (1) law enforcement; or (2) any determination of the eligibility of an individual for any direct or indirect payment, benefit, or service. (

To improve activities for the gathering of data on, and the tracking of, new variants of COVID-19. Congress finds that-- (1) new variants of SARS-CoV-2 are being identified around the world and in the United States; (2) identifying new variants of SARS-CoV-2 and analyzing the epidemiology of variants are critical to the continued response to the COVID-19 pandemic and efforts to prepare for future pandemics; (3) national sequence-based surveillance will enable the United States to best identify new variants; and (4) the United States is conducting sequence-based surveillance of approximately 0.3 percent of COVID-19 cases, lagging far behind other nations. FUNDING FOR GENOMIC SEQUENCING, ANALYTICS, AND DISEASE SURVEILLANCE. ( a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish and implement a program to strengthen and expand activities related to genomic sequencing, analytics, and disease surveillance. c) Implementation.-- (1) Cooperative agreements for technical assistance.-- Cooperative agreements described in subsection (b)(2) may include partnerships with academic research institutions. d) Facilities.--Funds appropriated under subsection (f) may be used for grants for the construction, alteration, or renovation of non- federally owned facilities to improve genetic sequencing and surveillance capabilities at the State and local level. ( e) Expansion of Ongoing Activities.--Funds appropriated under subsection (f) may be used for grants for the maintenance and expansion of current and ongoing activities to analyze and interpret data produced through advanced molecular detection and genomic sequencing, including for emerging public health threats. ( b) Activities.--Activities carried out under the demonstration program under this section shall include-- (1) assessing the availability of identified and de- identified data sets held by Federal, State, local, and non- Federal entities that may be useful for research described in subsection (a); and (2) using existing authorities and linkages of data in accordance with subchapter III of chapter 35 of title 44, United States Code, when relevant to request the submission of datasets to the National Center for Health Statistics for linking. (c) Limitation.--The Secretary shall limit access to data under the demonstration program under this section-- (1) to Federal statistical agencies and qualified public and private researchers, as determined by the Director of the National Center for Health Statistics; (2) for a period to be specified by the Secretary; and (3) exclusively for the purpose described in subsection (a). ( 2) Requirements.--Prior to making any data available under the demonstration program under this section, by an entity described in subsection (b)(1) to another entity described in subsection (b)(1)-- (A) the receiving entity shall submit to the Director of the National Center for Health Statistics an application for data for the purpose described in subsection (a); and (B) the Director shall approve or deny such request in writing, including in the case of a denial an explanation of the reasons for the denial. ( (2) Promulgation.--The Secretary shall-- (A) promulgate regulations for carrying out this section; and (B) specify in such regulations the allowed and disallowed purposes for sharing and linking data through the program, including areas of potential research. ( g) Program Requirements.--The demonstration program under this section shall be designed to-- (1) support data matching services for agencies and researchers using the National Death Index; and (2) facilitate collaboration with States and private entities to examine, update, and modernize the fee structure of the National Death Index to support a broad range of data queries. ( (2) Eligibility.--To be eligible for a contract under paragraph (1), an entity shall-- (A) demonstrate core capabilities for data sharing, data linkage, and compliance with subchapter III of chapter 35 of title 44, United States Code; and (B) adhere to security standards in accordance with the Federal Risk and Authorization Management Program (or any successor program). ( i) Rule of Construction.--Nothing in this section shall be construed to authorize the availability or use of data for-- (1) law enforcement; or (2) any determination of the eligibility of an individual for any direct or indirect payment, benefit, or service. (

To improve activities for the gathering of data on, and the tracking of, new variants of COVID-19. Congress finds that-- (1) new variants of SARS-CoV-2 are being identified around the world and in the United States; (2) identifying new variants of SARS-CoV-2 and analyzing the epidemiology of variants are critical to the continued response to the COVID-19 pandemic and efforts to prepare for future pandemics; (3) national sequence-based surveillance will enable the United States to best identify new variants; and (4) the United States is conducting sequence-based surveillance of approximately 0.3 percent of COVID-19 cases, lagging far behind other nations. c) Implementation.-- (1) Cooperative agreements for technical assistance.-- Cooperative agreements described in subsection (b)(2) may include partnerships with academic research institutions. ( d) Facilities.--Funds appropriated under subsection (f) may be used for grants for the construction, alteration, or renovation of non- federally owned facilities to improve genetic sequencing and surveillance capabilities at the State and local level. (e) Expansion of Ongoing Activities.--Funds appropriated under subsection (f) may be used for grants for the maintenance and expansion of current and ongoing activities to analyze and interpret data produced through advanced molecular detection and genomic sequencing, including for emerging public health threats. ( b) Activities.--Activities carried out under the demonstration program under this section shall include-- (1) assessing the availability of identified and de- identified data sets held by Federal, State, local, and non- Federal entities that may be useful for research described in subsection (a); and (2) using existing authorities and linkages of data in accordance with subchapter III of chapter 35 of title 44, United States Code, when relevant to request the submission of datasets to the National Center for Health Statistics for linking. ( (d) Process for Making Data Available.-- (1) In general.--Consistent with paragraph (2), the Secretary shall establish a rigorous process for making data available and usable under the demonstration program under this section. ( 2) Promulgation.--The Secretary shall-- (A) promulgate regulations for carrying out this section; and (B) specify in such regulations the allowed and disallowed purposes for sharing and linking data through the program, including areas of potential research. ( (2) Eligibility.--To be eligible for a contract under paragraph (1), an entity shall-- (A) demonstrate core capabilities for data sharing, data linkage, and compliance with subchapter III of chapter 35 of title 44, United States Code; and (B) adhere to security standards in accordance with the Federal Risk and Authorization Management Program (or any successor program). ( i) Rule of Construction.--Nothing in this section shall be construed to authorize the availability or use of data for-- (1) law enforcement; or (2) any determination of the eligibility of an individual for any direct or indirect payment, benefit, or service. (

To improve activities for the gathering of data on, and the tracking of, new variants of COVID-19. d) Facilities.--Funds appropriated under subsection (f) may be used for grants for the construction, alteration, or renovation of non- federally owned facilities to improve genetic sequencing and surveillance capabilities at the State and local level. ( e) Expansion of Ongoing Activities.--Funds appropriated under subsection (f) may be used for grants for the maintenance and expansion of current and ongoing activities to analyze and interpret data produced through advanced molecular detection and genomic sequencing, including for emerging public health threats. ( b) Activities.--Activities carried out under the demonstration program under this section shall include-- (1) assessing the availability of identified and de- identified data sets held by Federal, State, local, and non- Federal entities that may be useful for research described in subsection (a); and (2) using existing authorities and linkages of data in accordance with subchapter III of chapter 35 of title 44, United States Code, when relevant to request the submission of datasets to the National Center for Health Statistics for linking. ( ( 2) Requirements.--Prior to making any data available under the demonstration program under this section, by an entity described in subsection (b)(1) to another entity described in subsection (b)(1)-- (A) the receiving entity shall submit to the Director of the National Center for Health Statistics an application for data for the purpose described in subsection (a); and (B) the Director shall approve or deny such request in writing, including in the case of a denial an explanation of the reasons for the denial. ( ( 2) Eligibility.--To be eligible for a contract under paragraph (1), an entity shall-- (A) demonstrate core capabilities for data sharing, data linkage, and compliance with subchapter III of chapter 35 of title 44, United States Code; and (B) adhere to security standards in accordance with the Federal Risk and Authorization Management Program (or any successor program). ( i) Rule of Construction.--Nothing in this section shall be construed to authorize the availability or use of data for-- (1) law enforcement; or (2) any determination of the eligibility of an individual for any direct or indirect payment, benefit, or service. (

To improve activities for the gathering of data on, and the tracking of, new variants of COVID-19. e) Expansion of Ongoing Activities.--Funds appropriated under subsection (f) may be used for grants for the maintenance and expansion of current and ongoing activities to analyze and interpret data produced through advanced molecular detection and genomic sequencing, including for emerging public health threats. ( ( (2) Eligibility.--To be eligible for a contract under paragraph (1), an entity shall-- (A) demonstrate core capabilities for data sharing, data linkage, and compliance with subchapter III of chapter 35 of title 44, United States Code; and (B) adhere to security standards in accordance with the Federal Risk and Authorization Management Program (or any successor program). ( i) Rule of Construction.--Nothing in this section shall be construed to authorize the availability or use of data for-- (1) law enforcement; or (2) any determination of the eligibility of an individual for any direct or indirect payment, benefit, or service. (

To improve activities for the gathering of data on, and the tracking of, new variants of COVID-19. d) Facilities.--Funds appropriated under subsection (f) may be used for grants for the construction, alteration, or renovation of non- federally owned facilities to improve genetic sequencing and surveillance capabilities at the State and local level. ( e) Expansion of Ongoing Activities.--Funds appropriated under subsection (f) may be used for grants for the maintenance and expansion of current and ongoing activities to analyze and interpret data produced through advanced molecular detection and genomic sequencing, including for emerging public health threats. ( b) Activities.--Activities carried out under the demonstration program under this section shall include-- (1) assessing the availability of identified and de- identified data sets held by Federal, State, local, and non- Federal entities that may be useful for research described in subsection (a); and (2) using existing authorities and linkages of data in accordance with subchapter III of chapter 35 of title 44, United States Code, when relevant to request the submission of datasets to the National Center for Health Statistics for linking. ( ( 2) Requirements.--Prior to making any data available under the demonstration program under this section, by an entity described in subsection (b)(1) to another entity described in subsection (b)(1)-- (A) the receiving entity shall submit to the Director of the National Center for Health Statistics an application for data for the purpose described in subsection (a); and (B) the Director shall approve or deny such request in writing, including in the case of a denial an explanation of the reasons for the denial. ( ( 2) Eligibility.--To be eligible for a contract under paragraph (1), an entity shall-- (A) demonstrate core capabilities for data sharing, data linkage, and compliance with subchapter III of chapter 35 of title 44, United States Code; and (B) adhere to security standards in accordance with the Federal Risk and Authorization Management Program (or any successor program). ( i) Rule of Construction.--Nothing in this section shall be construed to authorize the availability or use of data for-- (1) law enforcement; or (2) any determination of the eligibility of an individual for any direct or indirect payment, benefit, or service. (

Tracking COVID-19 Variants Act This bill directs the Centers for Disease Control and Prevention (CDC) to establish and implement a program to strengthen and expand activities related to genomic sequencing, analytics, and disease surveillance. The CDC must issue national guidance to support scientific collaboration relating to viral sequencing as a key strategy to the CDC's response to the SARS-CoV-19 pand Directs the Secretary of Health and Human Services (HHS) to: (1) establish a rigorous process for making data available and usable under the National Death Index (NDI) demonstration program; and (2) promulgate regulations for carrying out the program, specifying the allowed and disallowed purposes for sharing and linking data through the program. (Sec. 3) Authorizes appropriations

S.2387

Taxation

Small Business Tax Fairness Act This bill revises the tax deduction for qualified business income to limit eligibility for such deduction to individual taxpayers. It also modifies rules for calculating the amount of such deduction and limitations on it.

To amend the Internal Revenue Code of 1986 to improve the deduction for qualified business income. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Tax Fairness Act''. SEC. 2. MODIFICATIONS TO DEDUCTION FOR QUALIFIED BUSINESS INCOME. (a) In General.-- (1) Eligibility.-- (A) Deduction limited to individuals.-- (i) In general.--Section 199A(a) of the Internal Revenue Code of 1986 is amended by striking ``In the case of a taxpayer other than a corporation'' and inserting ``In the case of an individual''. (ii) Application to trusts and estates.-- Section of such Code is amended by adding at the end the following new subsection: ``(j) Deduction for Qualified Business Income.--No deduction shall be allowed under section 199A to an estate or trust.''. (B) Married taxpayers must file joint return.-- Section 199A(f) of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year.''. (2) Amount of deduction.-- (A) Determination of amount.--Subsection (a) of section 199A of the Internal Revenue Code of 1986 is amended by striking ``an amount equal to the lesser of'' and all that follows and inserting ``an amount equal to 20 percent of the least of-- ``(1) the qualified business income of the taxpayer, ``(2) the threshold amount, or ``(3) the taxable income of the taxpayer for the taxable year reduced by the net capital gain (as defined in section 1(h)) of the taxpayer for such taxable year.''. (B) Modification of threshold amount.-- (i) In general.--Section 199A(e)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Threshold amount.--The term `threshold amount' means $400,000.''. (C) Limitations.--Subsection (b) of section 199A of such Code is amended to read as follows: ``(b) Limitations.-- ``(1) Limitation based on taxable income.--The amount of the deduction allowed under subsection (a) (determined without regard to this paragraph) shall be reduced (but not below zero) by an amount which bears the same ratio to such amount as-- ``(A) the excess of the taxpayer's taxable income over the threshold amount, bears to ``(B) $100,000. ``(2) Special rules with respect to income received from cooperatives.--In the case of any qualified trade or business of a patron of a specified agricultural or horticultural cooperative, the amount of qualified business income taken into account under subsection (a)(1) with respect to such trade or business shall be reduced by the lesser of-- ``(A) 9 percent of so much of the qualified business income with respect to such trade or business as is properly allocable to qualified payments received from such cooperative, or ``(B) 50 percent of so much of the W-2 wages (as defined in subsection (g)(1)) with respect to such trade or business as are so allocable.''. (3) Treatment of qualified reit dividends.-- (A) In general.--Section 199A(c) of such Code is amended-- (i) by striking the last sentence in paragraph (1) and inserting ``Such term shall include qualified REIT dividends.'', and (ii) by inserting ``(other than a qualified REIT dividend)'' after ``Any dividend'' in paragraph (3)(B)(ii). (B) Technical amendment.--Section 199A(e)(3) of such Code is amended by adding at the end the following new flush sentence: ``Such term shall not include any dividend on any share of stock with respect to which the holding period requirements of section 246(c) are not met or to the extent that the taxpayer is under an obligation (whether pursuant to a short sale or otherwise) to make related payments with respect to positions in substantially similar or related property.''. (4) Conforming amendments.-- (A) Section 199A(c)(1) of the Internal Revenue Code of 1986 is amended by striking ``any qualified trade or business'' and inserting ``all qualified trades or businesses''. (B) Section 199A(e) of such Code is amended by striking paragraph (4). (C) Section 199A(f) of such Code, as amended by paragraph (1), is amended-- (i) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively, and (ii) by striking paragraph (1) and inserting the following: ``(1) Application to partnerships and s corporations.--In the case of a partnership or S corporation-- ``(A) this section shall be applied at the partner or shareholder level, and ``(B) each partner or shareholder shall take into account such person's allocable share of each qualified item of income, gain, deduction, and loss. For purposes of this paragraph, in the case of an S corporation, an allocable share shall be the shareholder's pro rata share of an item. ``(2) Treatment of trades or businesses in puerto rico.--In the case of any taxpayer with qualified business income from sources within the commonwealth of Puerto Rico, if all such income is taxable under section 1 for such taxable year, then for purposes of determining the qualified business income of such taxpayer for such taxable year, the term `United States' shall include the Commonwealth of Puerto Rico.''. (D) Section 199A(f)(6)(A) of such Code, as redesignated by paragraph (1) and subparagraph (C), is amended by striking ``and wages''. (E) Section 199A(g)(1)(B)(ii) of such Code is amended to read as follows: ``(ii) W-2 wages.--For purposes of this subparagraph-- ``(I) In general.--The term `W-2 wages' means, with respect to any person for any taxable year of such person, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. Such amounts shall be determined after application of subsection (b). ``(II) Return requirement.--Such term shall not include any amount which is not properly included in a return filed with the Social Security Administration on or before the 60th day after the due date (including extensions) for such return. ``(III) Wages must be allocable to domestic production gross receipts.-- Such term shall not include any amount which is not properly allocable to domestic production gross receipts for purposes of paragraph (3)(A).''. (F) Section 199A(g)(5)(B) of such Code is amended by inserting ``and the determination of W-2 wages with respect to any qualified trade or business conduced in Puerto Rico shall be made without regard to any exclusion under section 3401(a)(8) for remuneration paid for services in Puerto Rico'' after ``this subsection''. (G) Section 199A of such Code is amended by striking subsection (h) and by redesignating subsection (i) as subsection (h). (b) Modification of Definition of Qualified Trade or Business.-- Section 199A(d) of the Internal Revenue Code of 1986 is amended to read as follows: ``(d) Qualified Trade or Business.--For purposes of this section, the term `qualified trade or business' means any trade or business other than the trade or business of performing services as an employee.''. (c) Exclusion of Mark to Market Gain or Loss of Traders in Securities and Commodities From Qualified Business Income.--Section 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause: ``(vii) Any gain or loss taken into account under section 475(f).''. (d) Treatment of Qualified Business Income Distributed by RICs.-- (1) In general.--Section 852(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(10) Treatment by shareholders of qualified business income.-- ``(A) In general.--In any case in which-- ``(i) a dividend is received from a regulated investment company, and ``(ii) such company meets the requirements of subsection (a) for the taxable year during which it paid such dividend, then every shareholder of such company shall treat as qualified business income under section 199A(c) that portion of such dividend reported by such company as eligible for such treatment in written statements furnished to its shareholders. ``(B) Limitation.--For purposes of subparagraph (A), the aggregate amount which may be reported as dividends eligible to be treated as qualified business income under section 199A(c) shall not exceed the sum of-- ``(i) the qualified REIT dividends (as defined in section 199A(e)) received by the company for the taxable year, plus ``(ii) the net amount of the company's allocable share for the taxable year of each qualified item of income, gain, deduction, and loss (as defined in subsection (c)(3) of section 199A, determined after the application of subsection (c)(4) thereof) from a publicly traded partnership (as defined in section 7704(b)) which is not treated as a corporation under section 7704(a).''. (2) Conforming amendment.--Section 199A(c) of such Code is amended by adding at the end the following new paragraph: ``(5) Treatment of certain dividends received from regulated investment companies.--For the treatment under paragraph (1) of certain dividends received from regulated investment companies, see section 852(b)(10).''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all>

Small Business Tax Fairness Act

A bill to amend the Internal Revenue Code of 1986 to improve the deduction for qualified business income.

Small Business Tax Fairness Act

Sen. Wyden, Ron

D

OR

This bill revises the tax deduction for qualified business income to limit eligibility for such deduction to individual taxpayers. It also modifies rules for calculating the amount of such deduction and limitations on it.

SHORT TITLE. This Act may be cited as the ``Small Business Tax Fairness Act''. SEC. 2. MODIFICATIONS TO DEDUCTION FOR QUALIFIED BUSINESS INCOME. (C) Limitations.--Subsection (b) of section 199A of such Code is amended to read as follows: ``(b) Limitations.-- ``(1) Limitation based on taxable income.--The amount of the deduction allowed under subsection (a) (determined without regard to this paragraph) shall be reduced (but not below zero) by an amount which bears the same ratio to such amount as-- ``(A) the excess of the taxpayer's taxable income over the threshold amount, bears to ``(B) $100,000. '', and (ii) by inserting ``(other than a qualified REIT dividend)'' after ``Any dividend'' in paragraph (3)(B)(ii). (B) Section 199A(e) of such Code is amended by striking paragraph (4). For purposes of this paragraph, in the case of an S corporation, an allocable share shall be the shareholder's pro rata share of an item. ``(2) Treatment of trades or businesses in puerto rico.--In the case of any taxpayer with qualified business income from sources within the commonwealth of Puerto Rico, if all such income is taxable under section 1 for such taxable year, then for purposes of determining the qualified business income of such taxpayer for such taxable year, the term `United States' shall include the Commonwealth of Puerto Rico.''. (E) Section 199A(g)(1)(B)(ii) of such Code is amended to read as follows: ``(ii) W-2 wages.--For purposes of this subparagraph-- ``(I) In general.--The term `W-2 wages' means, with respect to any person for any taxable year of such person, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. Such amounts shall be determined after application of subsection (b). ``(II) Return requirement.--Such term shall not include any amount which is not properly included in a return filed with the Social Security Administration on or before the 60th day after the due date (including extensions) for such return. ``(III) Wages must be allocable to domestic production gross receipts.-- Such term shall not include any amount which is not properly allocable to domestic production gross receipts for purposes of paragraph (3)(A).''. (c) Exclusion of Mark to Market Gain or Loss of Traders in Securities and Commodities From Qualified Business Income.--Section 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause: ``(vii) Any gain or loss taken into account under section 475(f).''. (2) Conforming amendment.--Section 199A(c) of such Code is amended by adding at the end the following new paragraph: ``(5) Treatment of certain dividends received from regulated investment companies.--For the treatment under paragraph (1) of certain dividends received from regulated investment companies, see section 852(b)(10).''.

SHORT TITLE. 2. MODIFICATIONS TO DEDUCTION FOR QUALIFIED BUSINESS INCOME. '', and (ii) by inserting ``(other than a qualified REIT dividend)'' after ``Any dividend'' in paragraph (3)(B)(ii). (B) Section 199A(e) of such Code is amended by striking paragraph (4). For purposes of this paragraph, in the case of an S corporation, an allocable share shall be the shareholder's pro rata share of an item. ``(2) Treatment of trades or businesses in puerto rico.--In the case of any taxpayer with qualified business income from sources within the commonwealth of Puerto Rico, if all such income is taxable under section 1 for such taxable year, then for purposes of determining the qualified business income of such taxpayer for such taxable year, the term `United States' shall include the Commonwealth of Puerto Rico.''. (E) Section 199A(g)(1)(B)(ii) of such Code is amended to read as follows: ``(ii) W-2 wages.--For purposes of this subparagraph-- ``(I) In general.--The term `W-2 wages' means, with respect to any person for any taxable year of such person, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. Such amounts shall be determined after application of subsection (b). ``(II) Return requirement.--Such term shall not include any amount which is not properly included in a return filed with the Social Security Administration on or before the 60th day after the due date (including extensions) for such return. (c) Exclusion of Mark to Market Gain or Loss of Traders in Securities and Commodities From Qualified Business Income.--Section 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause: ``(vii) Any gain or loss taken into account under section 475(f).''. (2) Conforming amendment.--Section 199A(c) of such Code is amended by adding at the end the following new paragraph: ``(5) Treatment of certain dividends received from regulated investment companies.--For the treatment under paragraph (1) of certain dividends received from regulated investment companies, see section 852(b)(10).''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Tax Fairness Act''. SEC. 2. MODIFICATIONS TO DEDUCTION FOR QUALIFIED BUSINESS INCOME. (B) Married taxpayers must file joint return.-- Section 199A(f) of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year.''. (C) Limitations.--Subsection (b) of section 199A of such Code is amended to read as follows: ``(b) Limitations.-- ``(1) Limitation based on taxable income.--The amount of the deduction allowed under subsection (a) (determined without regard to this paragraph) shall be reduced (but not below zero) by an amount which bears the same ratio to such amount as-- ``(A) the excess of the taxpayer's taxable income over the threshold amount, bears to ``(B) $100,000. ``(2) Special rules with respect to income received from cooperatives.--In the case of any qualified trade or business of a patron of a specified agricultural or horticultural cooperative, the amount of qualified business income taken into account under subsection (a)(1) with respect to such trade or business shall be reduced by the lesser of-- ``(A) 9 percent of so much of the qualified business income with respect to such trade or business as is properly allocable to qualified payments received from such cooperative, or ``(B) 50 percent of so much of the W-2 wages (as defined in subsection (g)(1)) with respect to such trade or business as are so allocable.''. '', and (ii) by inserting ``(other than a qualified REIT dividend)'' after ``Any dividend'' in paragraph (3)(B)(ii). (B) Section 199A(e) of such Code is amended by striking paragraph (4). For purposes of this paragraph, in the case of an S corporation, an allocable share shall be the shareholder's pro rata share of an item. ``(2) Treatment of trades or businesses in puerto rico.--In the case of any taxpayer with qualified business income from sources within the commonwealth of Puerto Rico, if all such income is taxable under section 1 for such taxable year, then for purposes of determining the qualified business income of such taxpayer for such taxable year, the term `United States' shall include the Commonwealth of Puerto Rico.''. (E) Section 199A(g)(1)(B)(ii) of such Code is amended to read as follows: ``(ii) W-2 wages.--For purposes of this subparagraph-- ``(I) In general.--The term `W-2 wages' means, with respect to any person for any taxable year of such person, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. Such amounts shall be determined after application of subsection (b). ``(II) Return requirement.--Such term shall not include any amount which is not properly included in a return filed with the Social Security Administration on or before the 60th day after the due date (including extensions) for such return. ``(III) Wages must be allocable to domestic production gross receipts.-- Such term shall not include any amount which is not properly allocable to domestic production gross receipts for purposes of paragraph (3)(A).''. (c) Exclusion of Mark to Market Gain or Loss of Traders in Securities and Commodities From Qualified Business Income.--Section 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause: ``(vii) Any gain or loss taken into account under section 475(f).''. (2) Conforming amendment.--Section 199A(c) of such Code is amended by adding at the end the following new paragraph: ``(5) Treatment of certain dividends received from regulated investment companies.--For the treatment under paragraph (1) of certain dividends received from regulated investment companies, see section 852(b)(10).''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Tax Fairness Act''. SEC. 2. MODIFICATIONS TO DEDUCTION FOR QUALIFIED BUSINESS INCOME. (ii) Application to trusts and estates.-- Section of such Code is amended by adding at the end the following new subsection: ``(j) Deduction for Qualified Business Income.--No deduction shall be allowed under section 199A to an estate or trust.''. (B) Married taxpayers must file joint return.-- Section 199A(f) of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year.''. (C) Limitations.--Subsection (b) of section 199A of such Code is amended to read as follows: ``(b) Limitations.-- ``(1) Limitation based on taxable income.--The amount of the deduction allowed under subsection (a) (determined without regard to this paragraph) shall be reduced (but not below zero) by an amount which bears the same ratio to such amount as-- ``(A) the excess of the taxpayer's taxable income over the threshold amount, bears to ``(B) $100,000. ``(2) Special rules with respect to income received from cooperatives.--In the case of any qualified trade or business of a patron of a specified agricultural or horticultural cooperative, the amount of qualified business income taken into account under subsection (a)(1) with respect to such trade or business shall be reduced by the lesser of-- ``(A) 9 percent of so much of the qualified business income with respect to such trade or business as is properly allocable to qualified payments received from such cooperative, or ``(B) 50 percent of so much of the W-2 wages (as defined in subsection (g)(1)) with respect to such trade or business as are so allocable.''. '', and (ii) by inserting ``(other than a qualified REIT dividend)'' after ``Any dividend'' in paragraph (3)(B)(ii). (B) Technical amendment.--Section 199A(e)(3) of such Code is amended by adding at the end the following new flush sentence: ``Such term shall not include any dividend on any share of stock with respect to which the holding period requirements of section 246(c) are not met or to the extent that the taxpayer is under an obligation (whether pursuant to a short sale or otherwise) to make related payments with respect to positions in substantially similar or related property.''. (B) Section 199A(e) of such Code is amended by striking paragraph (4). For purposes of this paragraph, in the case of an S corporation, an allocable share shall be the shareholder's pro rata share of an item. ``(2) Treatment of trades or businesses in puerto rico.--In the case of any taxpayer with qualified business income from sources within the commonwealth of Puerto Rico, if all such income is taxable under section 1 for such taxable year, then for purposes of determining the qualified business income of such taxpayer for such taxable year, the term `United States' shall include the Commonwealth of Puerto Rico.''. (E) Section 199A(g)(1)(B)(ii) of such Code is amended to read as follows: ``(ii) W-2 wages.--For purposes of this subparagraph-- ``(I) In general.--The term `W-2 wages' means, with respect to any person for any taxable year of such person, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. Such amounts shall be determined after application of subsection (b). ``(II) Return requirement.--Such term shall not include any amount which is not properly included in a return filed with the Social Security Administration on or before the 60th day after the due date (including extensions) for such return. ``(III) Wages must be allocable to domestic production gross receipts.-- Such term shall not include any amount which is not properly allocable to domestic production gross receipts for purposes of paragraph (3)(A).''. (G) Section 199A of such Code is amended by striking subsection (h) and by redesignating subsection (i) as subsection (h). (c) Exclusion of Mark to Market Gain or Loss of Traders in Securities and Commodities From Qualified Business Income.--Section 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause: ``(vii) Any gain or loss taken into account under section 475(f).''. ``(B) Limitation.--For purposes of subparagraph (A), the aggregate amount which may be reported as dividends eligible to be treated as qualified business income under section 199A(c) shall not exceed the sum of-- ``(i) the qualified REIT dividends (as defined in section 199A(e)) received by the company for the taxable year, plus ``(ii) the net amount of the company's allocable share for the taxable year of each qualified item of income, gain, deduction, and loss (as defined in subsection (c)(3) of section 199A, determined after the application of subsection (c)(4) thereof) from a publicly traded partnership (as defined in section 7704(b)) which is not treated as a corporation under section 7704(a).''. (2) Conforming amendment.--Section 199A(c) of such Code is amended by adding at the end the following new paragraph: ``(5) Treatment of certain dividends received from regulated investment companies.--For the treatment under paragraph (1) of certain dividends received from regulated investment companies, see section 852(b)(10).''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to improve the deduction for qualified business income. B) Married taxpayers must file joint return.-- Section 199A(f) of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year.''. (2) Amount of deduction.-- (A) Determination of amount.--Subsection (a) of section 199A of the Internal Revenue Code of 1986 is amended by striking ``an amount equal to the lesser of'' and all that follows and inserting ``an amount equal to 20 percent of the least of-- ``(1) the qualified business income of the taxpayer, ``(2) the threshold amount, or ``(3) the taxable income of the taxpayer for the taxable year reduced by the net capital gain (as defined in section 1(h)) of the taxpayer for such taxable year.''. ( B) Modification of threshold amount.-- (i) In general.--Section 199A(e)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Threshold amount.--The term `threshold amount' means $400,000.''. ( 3) Treatment of qualified reit dividends.-- (A) In general.--Section 199A(c) of such Code is amended-- (i) by striking the last sentence in paragraph (1) and inserting ``Such term shall include qualified REIT dividends. '', and (ii) by inserting ``(other than a qualified REIT dividend)'' after ``Any dividend'' in paragraph (3)(B)(ii). ( (4) Conforming amendments.-- (A) Section 199A(c)(1) of the Internal Revenue Code of 1986 is amended by striking ``any qualified trade or business'' and inserting ``all qualified trades or businesses''. ( D) Section 199A(f)(6)(A) of such Code, as redesignated by paragraph (1) and subparagraph (C), is amended by striking ``and wages''. (E) Section 199A(g)(1)(B)(ii) of such Code is amended to read as follows: ``(ii) W-2 wages.--For purposes of this subparagraph-- ``(I) In general.--The term `W-2 wages' means, with respect to any person for any taxable year of such person, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. F) Section 199A(g)(5)(B) of such Code is amended by inserting ``and the determination of W-2 wages with respect to any qualified trade or business conduced in Puerto Rico shall be made without regard to any exclusion under section 3401(a)(8) for remuneration paid for services in Puerto Rico'' after ``this subsection''. ( (b) Modification of Definition of Qualified Trade or Business.-- Section 199A(d) of the Internal Revenue Code of 1986 is amended to read as follows: ``(d) Qualified Trade or Business.--For purposes of this section, the term `qualified trade or business' means any trade or business other than the trade or business of performing services as an employee.''. ( c) Exclusion of Mark to Market Gain or Loss of Traders in Securities and Commodities From Qualified Business Income.--Section 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause: ``(vii) Any gain or loss taken into account under section 475(f).''. ( 2) Conforming amendment.--Section 199A(c) of such Code is amended by adding at the end the following new paragraph: ``(5) Treatment of certain dividends received from regulated investment companies.--For the treatment under paragraph (1) of certain dividends received from regulated investment companies, see section 852(b)(10).''. ( e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to improve the deduction for qualified business income. B) Married taxpayers must file joint return.-- Section 199A(f) of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year.''. ( (C) Limitations.--Subsection (b) of section 199A of such Code is amended to read as follows: ``(b) Limitations.-- ``(1) Limitation based on taxable income.--The amount of the deduction allowed under subsection (a) (determined without regard to this paragraph) shall be reduced (but not below zero) by an amount which bears the same ratio to such amount as-- ``(A) the excess of the taxpayer's taxable income over the threshold amount, bears to ``(B) $100,000. 3) Treatment of qualified reit dividends.-- (A) In general.--Section 199A(c) of such Code is amended-- (i) by striking the last sentence in paragraph (1) and inserting ``Such term shall include qualified REIT dividends. '', (C) Section 199A(f) of such Code, as amended by paragraph (1), is amended-- (i) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively, and (ii) by striking paragraph (1) and inserting the following: ``(1) Application to partnerships and s corporations.--In the case of a partnership or S corporation-- ``(A) this section shall be applied at the partner or shareholder level, and ``(B) each partner or shareholder shall take into account such person's allocable share of each qualified item of income, gain, deduction, and loss. E) Section 199A(g)(1)(B)(ii) of such Code is amended to read as follows: ``(ii) W-2 wages.--For purposes of this subparagraph-- ``(I) In general.--The term `W-2 wages' means, with respect to any person for any taxable year of such person, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. (F) Section 199A(g)(5)(B) of such Code is amended by inserting ``and the determination of W-2 wages with respect to any qualified trade or business conduced in Puerto Rico shall be made without regard to any exclusion under section 3401(a)(8) for remuneration paid for services in Puerto Rico'' after ``this subsection''. ( c) Exclusion of Mark to Market Gain or Loss of Traders in Securities and Commodities From Qualified Business Income.--Section 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause: ``(vii) Any gain or loss taken into account under section 475(f).''. ( 2) Conforming amendment.--Section 199A(c) of such Code is amended by adding at the end the following new paragraph: ``(5) Treatment of certain dividends received from regulated investment companies.--For the treatment under paragraph (1) of certain dividends received from regulated investment companies, see section 852(b)(10).''. ( e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to improve the deduction for qualified business income. B) Married taxpayers must file joint return.-- Section 199A(f) of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year.''. ( (C) Limitations.--Subsection (b) of section 199A of such Code is amended to read as follows: ``(b) Limitations.-- ``(1) Limitation based on taxable income.--The amount of the deduction allowed under subsection (a) (determined without regard to this paragraph) shall be reduced (but not below zero) by an amount which bears the same ratio to such amount as-- ``(A) the excess of the taxpayer's taxable income over the threshold amount, bears to ``(B) $100,000. 3) Treatment of qualified reit dividends.-- (A) In general.--Section 199A(c) of such Code is amended-- (i) by striking the last sentence in paragraph (1) and inserting ``Such term shall include qualified REIT dividends. '', (C) Section 199A(f) of such Code, as amended by paragraph (1), is amended-- (i) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively, and (ii) by striking paragraph (1) and inserting the following: ``(1) Application to partnerships and s corporations.--In the case of a partnership or S corporation-- ``(A) this section shall be applied at the partner or shareholder level, and ``(B) each partner or shareholder shall take into account such person's allocable share of each qualified item of income, gain, deduction, and loss. E) Section 199A(g)(1)(B)(ii) of such Code is amended to read as follows: ``(ii) W-2 wages.--For purposes of this subparagraph-- ``(I) In general.--The term `W-2 wages' means, with respect to any person for any taxable year of such person, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. (F) Section 199A(g)(5)(B) of such Code is amended by inserting ``and the determination of W-2 wages with respect to any qualified trade or business conduced in Puerto Rico shall be made without regard to any exclusion under section 3401(a)(8) for remuneration paid for services in Puerto Rico'' after ``this subsection''. ( c) Exclusion of Mark to Market Gain or Loss of Traders in Securities and Commodities From Qualified Business Income.--Section 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause: ``(vii) Any gain or loss taken into account under section 475(f).''. ( 2) Conforming amendment.--Section 199A(c) of such Code is amended by adding at the end the following new paragraph: ``(5) Treatment of certain dividends received from regulated investment companies.--For the treatment under paragraph (1) of certain dividends received from regulated investment companies, see section 852(b)(10).''. ( e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to improve the deduction for qualified business income. B) Married taxpayers must file joint return.-- Section 199A(f) of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year.''. (2) Amount of deduction.-- (A) Determination of amount.--Subsection (a) of section 199A of the Internal Revenue Code of 1986 is amended by striking ``an amount equal to the lesser of'' and all that follows and inserting ``an amount equal to 20 percent of the least of-- ``(1) the qualified business income of the taxpayer, ``(2) the threshold amount, or ``(3) the taxable income of the taxpayer for the taxable year reduced by the net capital gain (as defined in section 1(h)) of the taxpayer for such taxable year.''. ( B) Modification of threshold amount.-- (i) In general.--Section 199A(e)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Threshold amount.--The term `threshold amount' means $400,000.''. ( 3) Treatment of qualified reit dividends.-- (A) In general.--Section 199A(c) of such Code is amended-- (i) by striking the last sentence in paragraph (1) and inserting ``Such term shall include qualified REIT dividends. '', and (ii) by inserting ``(other than a qualified REIT dividend)'' after ``Any dividend'' in paragraph (3)(B)(ii). ( (4) Conforming amendments.-- (A) Section 199A(c)(1) of the Internal Revenue Code of 1986 is amended by striking ``any qualified trade or business'' and inserting ``all qualified trades or businesses''. ( D) Section 199A(f)(6)(A) of such Code, as redesignated by paragraph (1) and subparagraph (C), is amended by striking ``and wages''. (E) Section 199A(g)(1)(B)(ii) of such Code is amended to read as follows: ``(ii) W-2 wages.--For purposes of this subparagraph-- ``(I) In general.--The term `W-2 wages' means, with respect to any person for any taxable year of such person, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. F) Section 199A(g)(5)(B) of such Code is amended by inserting ``and the determination of W-2 wages with respect to any qualified trade or business conduced in Puerto Rico shall be made without regard to any exclusion under section 3401(a)(8) for remuneration paid for services in Puerto Rico'' after ``this subsection''. ( (b) Modification of Definition of Qualified Trade or Business.-- Section 199A(d) of the Internal Revenue Code of 1986 is amended to read as follows: ``(d) Qualified Trade or Business.--For purposes of this section, the term `qualified trade or business' means any trade or business other than the trade or business of performing services as an employee.''. ( c) Exclusion of Mark to Market Gain or Loss of Traders in Securities and Commodities From Qualified Business Income.--Section 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause: ``(vii) Any gain or loss taken into account under section 475(f).''. ( 2) Conforming amendment.--Section 199A(c) of such Code is amended by adding at the end the following new paragraph: ``(5) Treatment of certain dividends received from regulated investment companies.--For the treatment under paragraph (1) of certain dividends received from regulated investment companies, see section 852(b)(10).''. ( e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to improve the deduction for qualified business income. B) Married taxpayers must file joint return.-- Section 199A(f) of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year.''. ( (C) Limitations.--Subsection (b) of section 199A of such Code is amended to read as follows: ``(b) Limitations.-- ``(1) Limitation based on taxable income.--The amount of the deduction allowed under subsection (a) (determined without regard to this paragraph) shall be reduced (but not below zero) by an amount which bears the same ratio to such amount as-- ``(A) the excess of the taxpayer's taxable income over the threshold amount, bears to ``(B) $100,000. 3) Treatment of qualified reit dividends.-- (A) In general.--Section 199A(c) of such Code is amended-- (i) by striking the last sentence in paragraph (1) and inserting ``Such term shall include qualified REIT dividends. '', (C) Section 199A(f) of such Code, as amended by paragraph (1), is amended-- (i) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively, and (ii) by striking paragraph (1) and inserting the following: ``(1) Application to partnerships and s corporations.--In the case of a partnership or S corporation-- ``(A) this section shall be applied at the partner or shareholder level, and ``(B) each partner or shareholder shall take into account such person's allocable share of each qualified item of income, gain, deduction, and loss. E) Section 199A(g)(1)(B)(ii) of such Code is amended to read as follows: ``(ii) W-2 wages.--For purposes of this subparagraph-- ``(I) In general.--The term `W-2 wages' means, with respect to any person for any taxable year of such person, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. (F) Section 199A(g)(5)(B) of such Code is amended by inserting ``and the determination of W-2 wages with respect to any qualified trade or business conduced in Puerto Rico shall be made without regard to any exclusion under section 3401(a)(8) for remuneration paid for services in Puerto Rico'' after ``this subsection''. ( c) Exclusion of Mark to Market Gain or Loss of Traders in Securities and Commodities From Qualified Business Income.--Section 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause: ``(vii) Any gain or loss taken into account under section 475(f).''. ( 2) Conforming amendment.--Section 199A(c) of such Code is amended by adding at the end the following new paragraph: ``(5) Treatment of certain dividends received from regulated investment companies.--For the treatment under paragraph (1) of certain dividends received from regulated investment companies, see section 852(b)(10).''. ( e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to improve the deduction for qualified business income. B) Married taxpayers must file joint return.-- Section 199A(f) of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year.''. (2) Amount of deduction.-- (A) Determination of amount.--Subsection (a) of section 199A of the Internal Revenue Code of 1986 is amended by striking ``an amount equal to the lesser of'' and all that follows and inserting ``an amount equal to 20 percent of the least of-- ``(1) the qualified business income of the taxpayer, ``(2) the threshold amount, or ``(3) the taxable income of the taxpayer for the taxable year reduced by the net capital gain (as defined in section 1(h)) of the taxpayer for such taxable year.''. ( B) Modification of threshold amount.-- (i) In general.--Section 199A(e)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Threshold amount.--The term `threshold amount' means $400,000.''. ( 3) Treatment of qualified reit dividends.-- (A) In general.--Section 199A(c) of such Code is amended-- (i) by striking the last sentence in paragraph (1) and inserting ``Such term shall include qualified REIT dividends. '', and (ii) by inserting ``(other than a qualified REIT dividend)'' after ``Any dividend'' in paragraph (3)(B)(ii). ( (4) Conforming amendments.-- (A) Section 199A(c)(1) of the Internal Revenue Code of 1986 is amended by striking ``any qualified trade or business'' and inserting ``all qualified trades or businesses''. ( D) Section 199A(f)(6)(A) of such Code, as redesignated by paragraph (1) and subparagraph (C), is amended by striking ``and wages''. (E) Section 199A(g)(1)(B)(ii) of such Code is amended to read as follows: ``(ii) W-2 wages.--For purposes of this subparagraph-- ``(I) In general.--The term `W-2 wages' means, with respect to any person for any taxable year of such person, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. F) Section 199A(g)(5)(B) of such Code is amended by inserting ``and the determination of W-2 wages with respect to any qualified trade or business conduced in Puerto Rico shall be made without regard to any exclusion under section 3401(a)(8) for remuneration paid for services in Puerto Rico'' after ``this subsection''. ( (b) Modification of Definition of Qualified Trade or Business.-- Section 199A(d) of the Internal Revenue Code of 1986 is amended to read as follows: ``(d) Qualified Trade or Business.--For purposes of this section, the term `qualified trade or business' means any trade or business other than the trade or business of performing services as an employee.''. ( c) Exclusion of Mark to Market Gain or Loss of Traders in Securities and Commodities From Qualified Business Income.--Section 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause: ``(vii) Any gain or loss taken into account under section 475(f).''. ( 2) Conforming amendment.--Section 199A(c) of such Code is amended by adding at the end the following new paragraph: ``(5) Treatment of certain dividends received from regulated investment companies.--For the treatment under paragraph (1) of certain dividends received from regulated investment companies, see section 852(b)(10).''. ( e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to improve the deduction for qualified business income. B) Married taxpayers must file joint return.-- Section 199A(f) of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year.''. ( ( (F) Section 199A(g)(5)(B) of such Code is amended by inserting ``and the determination of W-2 wages with respect to any qualified trade or business conduced in Puerto Rico shall be made without regard to any exclusion under section 3401(a)(8) for remuneration paid for services in Puerto Rico'' after ``this subsection''. ( c) Exclusion of Mark to Market Gain or Loss of Traders in Securities and Commodities From Qualified Business Income.--Section 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause: ``(vii) Any gain or loss taken into account under section 475(f).''. (

To amend the Internal Revenue Code of 1986 to improve the deduction for qualified business income. 2) Amount of deduction.-- (A) Determination of amount.--Subsection (a) of section 199A of the Internal Revenue Code of 1986 is amended by striking ``an amount equal to the lesser of'' and all that follows and inserting ``an amount equal to 20 percent of the least of-- ``(1) the qualified business income of the taxpayer, ``(2) the threshold amount, or ``(3) the taxable income of the taxpayer for the taxable year reduced by the net capital gain (as defined in section 1(h)) of the taxpayer for such taxable year.''. ( ( 3) Treatment of qualified reit dividends.-- (A) In general.--Section 199A(c) of such Code is amended-- (i) by striking the last sentence in paragraph (1) and inserting ``Such term shall include qualified REIT dividends. '', F) Section 199A(g)(5)(B) of such Code is amended by inserting ``and the determination of W-2 wages with respect to any qualified trade or business conduced in Puerto Rico shall be made without regard to any exclusion under section 3401(a)(8) for remuneration paid for services in Puerto Rico'' after ``this subsection''. ( (b) Modification of Definition of Qualified Trade or Business.-- Section 199A(d) of the Internal Revenue Code of 1986 is amended to read as follows: ``(d) Qualified Trade or Business.--For purposes of this section, the term `qualified trade or business' means any trade or business other than the trade or business of performing services as an employee.''. ( c) Exclusion of Mark to Market Gain or Loss of Traders in Securities and Commodities From Qualified Business Income.--Section 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause: ``(vii) Any gain or loss taken into account under section 475(f).''. (

To amend the Internal Revenue Code of 1986 to improve the deduction for qualified business income. B) Married taxpayers must file joint return.-- Section 199A(f) of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year.''. ( ( (F) Section 199A(g)(5)(B) of such Code is amended by inserting ``and the determination of W-2 wages with respect to any qualified trade or business conduced in Puerto Rico shall be made without regard to any exclusion under section 3401(a)(8) for remuneration paid for services in Puerto Rico'' after ``this subsection''. ( c) Exclusion of Mark to Market Gain or Loss of Traders in Securities and Commodities From Qualified Business Income.--Section 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause: ``(vii) Any gain or loss taken into account under section 475(f).''. (

To amend the Internal Revenue Code of 1986 to improve the deduction for qualified business income. 2) Amount of deduction.-- (A) Determination of amount.--Subsection (a) of section 199A of the Internal Revenue Code of 1986 is amended by striking ``an amount equal to the lesser of'' and all that follows and inserting ``an amount equal to 20 percent of the least of-- ``(1) the qualified business income of the taxpayer, ``(2) the threshold amount, or ``(3) the taxable income of the taxpayer for the taxable year reduced by the net capital gain (as defined in section 1(h)) of the taxpayer for such taxable year.''. ( ( 3) Treatment of qualified reit dividends.-- (A) In general.--Section 199A(c) of such Code is amended-- (i) by striking the last sentence in paragraph (1) and inserting ``Such term shall include qualified REIT dividends. '', F) Section 199A(g)(5)(B) of such Code is amended by inserting ``and the determination of W-2 wages with respect to any qualified trade or business conduced in Puerto Rico shall be made without regard to any exclusion under section 3401(a)(8) for remuneration paid for services in Puerto Rico'' after ``this subsection''. ( (b) Modification of Definition of Qualified Trade or Business.-- Section 199A(d) of the Internal Revenue Code of 1986 is amended to read as follows: ``(d) Qualified Trade or Business.--For purposes of this section, the term `qualified trade or business' means any trade or business other than the trade or business of performing services as an employee.''. ( c) Exclusion of Mark to Market Gain or Loss of Traders in Securities and Commodities From Qualified Business Income.--Section 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause: ``(vii) Any gain or loss taken into account under section 475(f).''. (

Small Business Tax Fairness Act - Amends the Internal Revenue Code to: (1) allow an individual taxpayer a business tax deduction for up to $400,000 of qualified business income; and (2) allow such deduction to an estate or trust. (Currently, such deduction is limited to $200,000.) (Sec. 2) Provides special rules with respect to income received Amends the Internal Revenue Code to: (1) allow the determination of W-2 wages with respect to any qualified trade or business conduced in Puerto Rico without regard to any exclusion under the Securities Exchange Act of 1934 (SECA) for remuneration paid for services in such a trade; and (2) exclude the mark to market gain or loss of traders in securities

S.515

Health

Mental Health Justice Act of 2021 This bill creates a grant program for states and local governments to train and dispatch mental health professionals to respond, instead of law enforcement officers, to emergencies that involve people with behavioral health needs. The Substance Abuse and Mental Health Services Administration (SAMHSA) must manage the program in consultation with the Department of Justice (DOJ). SAMHSA may cancel grants that increase incarceration or institutionalization. Grantees must use funds for purposes including de-escalation and anti-racism training. The Department of Health and Human Services and the DOJ must evaluate this program.

To authorize the Secretary of Health and Human Services to award grants to States and political subdivisions of States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies involving one or more persons with a mental illness or an intellectual or developmental disability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Justice Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Needless institutionalization (including in psychiatric hospitals) of people with disabilities is generally a violation of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and the failure to provide sufficient community-based services (such as supported housing, assertive community treatment, mobile crisis, peer support, and supported employment) has resulted in needless institutionalization as well as incarceration of persons with mental illness or an intellectual or developmental disability. (2) In the landmark 1999 Supreme Court case Olmstead v. L.C., the Supreme Court ruled that the ``unjustified institutional isolation of persons with disabilities is a form of discrimination'' prohibited by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (3) Regulations promulgated by the Attorney General in 1991 affirm that title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) requires public entities to ``administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities'' (28 C.F.R. 35.130(d)). The regulation defines ``the most integrated setting'' as one that ``enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible'' (28 C.F.R. pt. 35, App. B). (4) Yet today, persons with a mental illness or an intellectual or developmental disability are more likely to be incarcerated and to be subject to excessive use of force by law enforcement officers: (A) One out of every 4 of the deaths caused by law enforcement officers is a person with mental illness. (B) Persons with a mental illness or an intellectual or developmental disability are often charged with minor, nonviolent offenses. For many of these persons, arrest and incarceration could have been avoided if they had access to intensive community-based services and stable housing. (5) Many of the police encounters that lead to the incarceration (and in too many cases, death) of people with mental illness or an intellectual or developmental disability could be avoided by having in place systems that ensure that calls to 911 or to law enforcement result in dispatch of mental health professionals, peer support workers, or others rather than law enforcement officers. (6) Many people who are incarcerated would be better served in community services. If there were sufficient community services, and persons with mental illness or an intellectual or developmental disability were connected to those services rather than being arrested, thousands of people with mental illness or an intellectual or developmental disability would avoid needless admissions to hospitals or jails. Further, jails and hospitals would experience less crowding. SEC. 3. GRANTS FOR MENTAL HEALTH PROFESSIONALS TO ACT AS FIRST RESPONDERS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Assistant Secretary for Mental Health and Substance Use and in consultation with the Assistant Attorney General for the Civil Rights Division of the Department of Justice (in this section referred to as the ``Assistant Attorney General''), shall award grants to States and political subdivisions of States-- (1) to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies in which-- (A) an individual calling 911, 988, or another emergency hotline states that a person-- (i) is in a mental health crisis; or (ii) may have a mental illness or an intellectual or developmental disability; (B) a law enforcement officer or other first responder identifies a person as having (or possibly having) a mental illness or an intellectual or developmental disability; or (C) a law enforcement officer or other first responder identifies a person as being (or possibly being) under the influence of a legal or illegal substance; (2) to include in the training for mental health professionals pursuant to paragraph (1) training in-- (A) the principles of de-escalation and anti- racism; and (B) age-appropriate mechanisms for carrying out the professionals' responsibilities; (3) to ensure that such mental health professionals link persons described in subparagraph (A), (B), or (C) of paragraph (1) with voluntary community-based services where appropriate; and (4) to train the staff of dispatch centers regarding the proper handling of a report of an emergency described in paragraph (1), including training in the principles of de- escalation and anti-racism referred to in paragraph (2)(A). (b) Delegation.--The Secretary shall delegate responsibility for carrying out the Secretary's responsibilities under this section and section 4 to the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration. (c) Additional Awards.--The Secretary shall make an additional award of funds under this section each fiscal year to grantees that demonstrate that their programs under this section resulted in-- (1) a notable reduction in the incarceration and death of persons with mental illness or an intellectual or developmental disability; or (2) a notable reduction in the use of force by police and a notable increase in referrals of persons with a mental illness or intellectual disability to community-based, voluntary support services (other than institutionalization or carceral support services). (d) Priority.--In awarding grants under this section, the Secretary shall give priority to States and political subdivisions of States that-- (1) have high rates of arrests and incarceration of persons with a mental illness or an intellectual or developmental disability; (2) commit to increasing resources for mental health and community-based support services or solutions for such persons; or (3) include peer support specialists in their current first responder model. (e) Reporting.-- (1) By grantees.--A recipient of a grant under this section shall submit to the Secretary-- (A) a quarterly report on-- (i) the number and percentage of emergencies where mental health professionals were dispatched in lieu of law enforcement officers pursuant to assistance under this section; (ii) such other matters as the Secretary may require for determining whether the recipient should receive an additional award under subsection (c); and (iii) any increase or decrease, compared to any previous quarter, in incarceration or institutionalization as a result of dispatching mental health professionals pursuant to assistance under this section, disaggregated to include data specific to persons with intellectual and developmental disabilities and mental illnesses where available, so as-- (I) to provide a critical baseline analysis; and (II) to ensure that mental health practitioners are not simply funneling individuals into other institutionalized settings; and (B) a final report on the use of such grant. (2) By secretary.--Not later than 1 year after awarding the first grant under this section, and annually thereafter, the Secretary shall submit to Congress a report on the grant program under this section. (3) Disaggregation of data.--The reporting pursuant to paragraphs (1) and (2) shall be disaggregated by age, gender, race, and ethnicity, to the extent the Secretary determines appropriate. (f) Revocation of Grant.--If the Secretary finds, based on reporting under subsection (e) or other information, that activities funded through a grant under this section are leading to a significant increase in incarceration or institutionalization-- (1) the Secretary shall revoke the grant; and (2) the grantee shall repay to the Federal Government any amounts that the grantee-- (A) received through the grant; and (B) has not obligated or expended. SEC. 4. TECHNICAL ASSISTANCE FOR POLITICAL SUBDIVISIONS OF A STATE. The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use and in consultation with the Assistant Attorney General for the Civil Rights Division of the Department of Justice, shall provide technical assistance to grantees under section 3 (or other Federal law), other political subdivisions of States, and States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers, as described in section 3. SEC. 5. STUDY. (a) In General.--The Secretary of Health and Human Services and the Assistant Attorney General for the Civil Rights Division of the Department of Justice shall conduct a study of the effectiveness of programs and activities under sections 3 and 4. (b) Qualitative and Longitudinal Examination.--The study under subsection (a) shall include a qualitative and longitudinal study of-- (1) the number of persons diverted from arrests; and (2) short- and long-term outcomes for those persons, including reduced recidivism, reduced incidences of use of force, and reduced utilization of resources. (c) Completion; Report.--Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services and the Assistant Attorney General for the Civil Rights Division of the Department of Justice shall-- (1) complete the study under subsection (a); (2) submit a report to Congress on the results of such study; and (3) publish such report. SEC. 6. FUNDING. To carry out this legislation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2021 and each subsequent fiscal year. <all>

Mental Health Justice Act of 2021

A bill to authorize the Secretary of Health and Human Services to award grants to States and political subdivisions of States to hire, employ, train and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies involving one or more persons with a mental illness or an intellectual or developmental disability, and for other purposes.

Mental Health Justice Act of 2021

Sen. Warren, Elizabeth

D

MA

This bill creates a grant program for states and local governments to train and dispatch mental health professionals to respond, instead of law enforcement officers, to emergencies that involve people with behavioral health needs. The Substance Abuse and Mental Health Services Administration (SAMHSA) must manage the program in consultation with the Department of Justice (DOJ). SAMHSA may cancel grants that increase incarceration or institutionalization. Grantees must use funds for purposes including de-escalation and anti-racism training. The Department of Health and Human Services and the DOJ must evaluate this program.

SHORT TITLE. 2. FINDINGS. 12101 et seq. (2) In the landmark 1999 Supreme Court case Olmstead v. L.C., the Supreme Court ruled that the ``unjustified institutional isolation of persons with disabilities is a form of discrimination'' prohibited by the Americans with Disabilities Act of 1990 (42 U.S.C. 35.130(d)). The regulation defines ``the most integrated setting'' as one that ``enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible'' (28 C.F.R. pt. B). For many of these persons, arrest and incarceration could have been avoided if they had access to intensive community-based services and stable housing. If there were sufficient community services, and persons with mental illness or an intellectual or developmental disability were connected to those services rather than being arrested, thousands of people with mental illness or an intellectual or developmental disability would avoid needless admissions to hospitals or jails. 3. GRANTS FOR MENTAL HEALTH PROFESSIONALS TO ACT AS FIRST RESPONDERS. (c) Additional Awards.--The Secretary shall make an additional award of funds under this section each fiscal year to grantees that demonstrate that their programs under this section resulted in-- (1) a notable reduction in the incarceration and death of persons with mental illness or an intellectual or developmental disability; or (2) a notable reduction in the use of force by police and a notable increase in referrals of persons with a mental illness or intellectual disability to community-based, voluntary support services (other than institutionalization or carceral support services). (2) By secretary.--Not later than 1 year after awarding the first grant under this section, and annually thereafter, the Secretary shall submit to Congress a report on the grant program under this section. (3) Disaggregation of data.--The reporting pursuant to paragraphs (1) and (2) shall be disaggregated by age, gender, race, and ethnicity, to the extent the Secretary determines appropriate. 4. TECHNICAL ASSISTANCE FOR POLITICAL SUBDIVISIONS OF A STATE. The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use and in consultation with the Assistant Attorney General for the Civil Rights Division of the Department of Justice, shall provide technical assistance to grantees under section 3 (or other Federal law), other political subdivisions of States, and States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers, as described in section 3. 5. STUDY. (b) Qualitative and Longitudinal Examination.--The study under subsection (a) shall include a qualitative and longitudinal study of-- (1) the number of persons diverted from arrests; and (2) short- and long-term outcomes for those persons, including reduced recidivism, reduced incidences of use of force, and reduced utilization of resources. SEC. 6. FUNDING. To carry out this legislation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2021 and each subsequent fiscal year.

SHORT TITLE. 2. 12101 et seq. L.C., the Supreme Court ruled that the ``unjustified institutional isolation of persons with disabilities is a form of discrimination'' prohibited by the Americans with Disabilities Act of 1990 (42 U.S.C. 35.130(d)). The regulation defines ``the most integrated setting'' as one that ``enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible'' (28 C.F.R. B). For many of these persons, arrest and incarceration could have been avoided if they had access to intensive community-based services and stable housing. If there were sufficient community services, and persons with mental illness or an intellectual or developmental disability were connected to those services rather than being arrested, thousands of people with mental illness or an intellectual or developmental disability would avoid needless admissions to hospitals or jails. 3. GRANTS FOR MENTAL HEALTH PROFESSIONALS TO ACT AS FIRST RESPONDERS. (2) By secretary.--Not later than 1 year after awarding the first grant under this section, and annually thereafter, the Secretary shall submit to Congress a report on the grant program under this section. (3) Disaggregation of data.--The reporting pursuant to paragraphs (1) and (2) shall be disaggregated by age, gender, race, and ethnicity, to the extent the Secretary determines appropriate. 4. TECHNICAL ASSISTANCE FOR POLITICAL SUBDIVISIONS OF A STATE. The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use and in consultation with the Assistant Attorney General for the Civil Rights Division of the Department of Justice, shall provide technical assistance to grantees under section 3 (or other Federal law), other political subdivisions of States, and States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers, as described in section 3. 5. STUDY. SEC. 6. To carry out this legislation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2021 and each subsequent fiscal year.

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. 12101 et seq. ), and the failure to provide sufficient community-based services (such as supported housing, assertive community treatment, mobile crisis, peer support, and supported employment) has resulted in needless institutionalization as well as incarceration of persons with mental illness or an intellectual or developmental disability. (2) In the landmark 1999 Supreme Court case Olmstead v. L.C., the Supreme Court ruled that the ``unjustified institutional isolation of persons with disabilities is a form of discrimination'' prohibited by the Americans with Disabilities Act of 1990 (42 U.S.C. 35.130(d)). The regulation defines ``the most integrated setting'' as one that ``enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible'' (28 C.F.R. pt. B). For many of these persons, arrest and incarceration could have been avoided if they had access to intensive community-based services and stable housing. If there were sufficient community services, and persons with mental illness or an intellectual or developmental disability were connected to those services rather than being arrested, thousands of people with mental illness or an intellectual or developmental disability would avoid needless admissions to hospitals or jails. Further, jails and hospitals would experience less crowding. 3. GRANTS FOR MENTAL HEALTH PROFESSIONALS TO ACT AS FIRST RESPONDERS. (b) Delegation.--The Secretary shall delegate responsibility for carrying out the Secretary's responsibilities under this section and section 4 to the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration. (c) Additional Awards.--The Secretary shall make an additional award of funds under this section each fiscal year to grantees that demonstrate that their programs under this section resulted in-- (1) a notable reduction in the incarceration and death of persons with mental illness or an intellectual or developmental disability; or (2) a notable reduction in the use of force by police and a notable increase in referrals of persons with a mental illness or intellectual disability to community-based, voluntary support services (other than institutionalization or carceral support services). (e) Reporting.-- (1) By grantees.--A recipient of a grant under this section shall submit to the Secretary-- (A) a quarterly report on-- (i) the number and percentage of emergencies where mental health professionals were dispatched in lieu of law enforcement officers pursuant to assistance under this section; (ii) such other matters as the Secretary may require for determining whether the recipient should receive an additional award under subsection (c); and (iii) any increase or decrease, compared to any previous quarter, in incarceration or institutionalization as a result of dispatching mental health professionals pursuant to assistance under this section, disaggregated to include data specific to persons with intellectual and developmental disabilities and mental illnesses where available, so as-- (I) to provide a critical baseline analysis; and (II) to ensure that mental health practitioners are not simply funneling individuals into other institutionalized settings; and (B) a final report on the use of such grant. (2) By secretary.--Not later than 1 year after awarding the first grant under this section, and annually thereafter, the Secretary shall submit to Congress a report on the grant program under this section. (3) Disaggregation of data.--The reporting pursuant to paragraphs (1) and (2) shall be disaggregated by age, gender, race, and ethnicity, to the extent the Secretary determines appropriate. 4. TECHNICAL ASSISTANCE FOR POLITICAL SUBDIVISIONS OF A STATE. The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use and in consultation with the Assistant Attorney General for the Civil Rights Division of the Department of Justice, shall provide technical assistance to grantees under section 3 (or other Federal law), other political subdivisions of States, and States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers, as described in section 3. 5. STUDY. (b) Qualitative and Longitudinal Examination.--The study under subsection (a) shall include a qualitative and longitudinal study of-- (1) the number of persons diverted from arrests; and (2) short- and long-term outcomes for those persons, including reduced recidivism, reduced incidences of use of force, and reduced utilization of resources. SEC. 6. FUNDING. To carry out this legislation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2021 and each subsequent fiscal year.

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. 12101 et seq. ), and the failure to provide sufficient community-based services (such as supported housing, assertive community treatment, mobile crisis, peer support, and supported employment) has resulted in needless institutionalization as well as incarceration of persons with mental illness or an intellectual or developmental disability. (2) In the landmark 1999 Supreme Court case Olmstead v. L.C., the Supreme Court ruled that the ``unjustified institutional isolation of persons with disabilities is a form of discrimination'' prohibited by the Americans with Disabilities Act of 1990 (42 U.S.C. requires public entities to ``administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities'' (28 C.F.R. 35.130(d)). The regulation defines ``the most integrated setting'' as one that ``enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible'' (28 C.F.R. pt. 35, App. B). (B) Persons with a mental illness or an intellectual or developmental disability are often charged with minor, nonviolent offenses. For many of these persons, arrest and incarceration could have been avoided if they had access to intensive community-based services and stable housing. (6) Many people who are incarcerated would be better served in community services. If there were sufficient community services, and persons with mental illness or an intellectual or developmental disability were connected to those services rather than being arrested, thousands of people with mental illness or an intellectual or developmental disability would avoid needless admissions to hospitals or jails. Further, jails and hospitals would experience less crowding. 3. GRANTS FOR MENTAL HEALTH PROFESSIONALS TO ACT AS FIRST RESPONDERS. (b) Delegation.--The Secretary shall delegate responsibility for carrying out the Secretary's responsibilities under this section and section 4 to the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration. (c) Additional Awards.--The Secretary shall make an additional award of funds under this section each fiscal year to grantees that demonstrate that their programs under this section resulted in-- (1) a notable reduction in the incarceration and death of persons with mental illness or an intellectual or developmental disability; or (2) a notable reduction in the use of force by police and a notable increase in referrals of persons with a mental illness or intellectual disability to community-based, voluntary support services (other than institutionalization or carceral support services). (e) Reporting.-- (1) By grantees.--A recipient of a grant under this section shall submit to the Secretary-- (A) a quarterly report on-- (i) the number and percentage of emergencies where mental health professionals were dispatched in lieu of law enforcement officers pursuant to assistance under this section; (ii) such other matters as the Secretary may require for determining whether the recipient should receive an additional award under subsection (c); and (iii) any increase or decrease, compared to any previous quarter, in incarceration or institutionalization as a result of dispatching mental health professionals pursuant to assistance under this section, disaggregated to include data specific to persons with intellectual and developmental disabilities and mental illnesses where available, so as-- (I) to provide a critical baseline analysis; and (II) to ensure that mental health practitioners are not simply funneling individuals into other institutionalized settings; and (B) a final report on the use of such grant. (2) By secretary.--Not later than 1 year after awarding the first grant under this section, and annually thereafter, the Secretary shall submit to Congress a report on the grant program under this section. (3) Disaggregation of data.--The reporting pursuant to paragraphs (1) and (2) shall be disaggregated by age, gender, race, and ethnicity, to the extent the Secretary determines appropriate. 4. TECHNICAL ASSISTANCE FOR POLITICAL SUBDIVISIONS OF A STATE. The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use and in consultation with the Assistant Attorney General for the Civil Rights Division of the Department of Justice, shall provide technical assistance to grantees under section 3 (or other Federal law), other political subdivisions of States, and States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers, as described in section 3. 5. STUDY. (b) Qualitative and Longitudinal Examination.--The study under subsection (a) shall include a qualitative and longitudinal study of-- (1) the number of persons diverted from arrests; and (2) short- and long-term outcomes for those persons, including reduced recidivism, reduced incidences of use of force, and reduced utilization of resources. SEC. 6. FUNDING. To carry out this legislation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2021 and each subsequent fiscal year.

To authorize the Secretary of Health and Human Services to award grants to States and political subdivisions of States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies involving one or more persons with a mental illness or an intellectual or developmental disability, and for other purposes. 2) In the landmark 1999 Supreme Court case Olmstead v. L.C., the Supreme Court ruled that the ``unjustified institutional isolation of persons with disabilities is a form of discrimination'' prohibited by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ( requires public entities to ``administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities'' (28 C.F.R. 35.130(d)). 5) Many of the police encounters that lead to the incarceration (and in too many cases, death) of people with mental illness or an intellectual or developmental disability could be avoided by having in place systems that ensure that calls to 911 or to law enforcement result in dispatch of mental health professionals, peer support workers, or others rather than law enforcement officers. ( If there were sufficient community services, and persons with mental illness or an intellectual or developmental disability were connected to those services rather than being arrested, thousands of people with mental illness or an intellectual or developmental disability would avoid needless admissions to hospitals or jails. Further, jails and hospitals would experience less crowding. (b) Delegation.--The Secretary shall delegate responsibility for carrying out the Secretary's responsibilities under this section and section 4 to the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration. ( c) Additional Awards.--The Secretary shall make an additional award of funds under this section each fiscal year to grantees that demonstrate that their programs under this section resulted in-- (1) a notable reduction in the incarceration and death of persons with mental illness or an intellectual or developmental disability; or (2) a notable reduction in the use of force by police and a notable increase in referrals of persons with a mental illness or intellectual disability to community-based, voluntary support services (other than institutionalization or carceral support services). ( 2) By secretary.--Not later than 1 year after awarding the first grant under this section, and annually thereafter, the Secretary shall submit to Congress a report on the grant program under this section. ( 3) Disaggregation of data.--The reporting pursuant to paragraphs (1) and (2) shall be disaggregated by age, gender, race, and ethnicity, to the extent the Secretary determines appropriate. (f) Revocation of Grant.--If the Secretary finds, based on reporting under subsection (e) or other information, that activities funded through a grant under this section are leading to a significant increase in incarceration or institutionalization-- (1) the Secretary shall revoke the grant; and (2) the grantee shall repay to the Federal Government any amounts that the grantee-- (A) received through the grant; and (B) has not obligated or expended. a) In General.--The Secretary of Health and Human Services and the Assistant Attorney General for the Civil Rights Division of the Department of Justice shall conduct a study of the effectiveness of programs and activities under sections 3 and 4. (b) Qualitative and Longitudinal Examination.--The study under subsection (a) shall include a qualitative and longitudinal study of-- (1) the number of persons diverted from arrests; and (2) short- and long-term outcomes for those persons, including reduced recidivism, reduced incidences of use of force, and reduced utilization of resources. ( To carry out this legislation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2021 and each subsequent fiscal year.

To authorize the Secretary of Health and Human Services to award grants to States and political subdivisions of States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies involving one or more persons with a mental illness or an intellectual or developmental disability, and for other purposes. 2) In the landmark 1999 Supreme Court case Olmstead v. L.C., the Supreme Court ruled that the ``unjustified institutional isolation of persons with disabilities is a form of discrimination'' prohibited by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ( (B) Persons with a mental illness or an intellectual or developmental disability are often charged with minor, nonviolent offenses. 5) Many of the police encounters that lead to the incarceration (and in too many cases, death) of people with mental illness or an intellectual or developmental disability could be avoided by having in place systems that ensure that calls to 911 or to law enforcement result in dispatch of mental health professionals, peer support workers, or others rather than law enforcement officers. ( b) Delegation.--The Secretary shall delegate responsibility for carrying out the Secretary's responsibilities under this section and section 4 to the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration. (c) Additional Awards.--The Secretary shall make an additional award of funds under this section each fiscal year to grantees that demonstrate that their programs under this section resulted in-- (1) a notable reduction in the incarceration and death of persons with mental illness or an intellectual or developmental disability; or (2) a notable reduction in the use of force by police and a notable increase in referrals of persons with a mental illness or intellectual disability to community-based, voluntary support services (other than institutionalization or carceral support services). ( d) Priority.--In awarding grants under this section, the Secretary shall give priority to States and political subdivisions of States that-- (1) have high rates of arrests and incarceration of persons with a mental illness or an intellectual or developmental disability; (2) commit to increasing resources for mental health and community-based support services or solutions for such persons; or (3) include peer support specialists in their current first responder model. ( (3) Disaggregation of data.--The reporting pursuant to paragraphs (1) and (2) shall be disaggregated by age, gender, race, and ethnicity, to the extent the Secretary determines appropriate. ( c) Completion; Report.--Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services and the Assistant Attorney General for the Civil Rights Division of the Department of Justice shall-- (1) complete the study under subsection (a); (2) submit a report to Congress on the results of such study; and (3) publish such report.

To authorize the Secretary of Health and Human Services to award grants to States and political subdivisions of States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies involving one or more persons with a mental illness or an intellectual or developmental disability, and for other purposes. 2) In the landmark 1999 Supreme Court case Olmstead v. L.C., the Supreme Court ruled that the ``unjustified institutional isolation of persons with disabilities is a form of discrimination'' prohibited by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ( (B) Persons with a mental illness or an intellectual or developmental disability are often charged with minor, nonviolent offenses. 5) Many of the police encounters that lead to the incarceration (and in too many cases, death) of people with mental illness or an intellectual or developmental disability could be avoided by having in place systems that ensure that calls to 911 or to law enforcement result in dispatch of mental health professionals, peer support workers, or others rather than law enforcement officers. ( b) Delegation.--The Secretary shall delegate responsibility for carrying out the Secretary's responsibilities under this section and section 4 to the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration. (c) Additional Awards.--The Secretary shall make an additional award of funds under this section each fiscal year to grantees that demonstrate that their programs under this section resulted in-- (1) a notable reduction in the incarceration and death of persons with mental illness or an intellectual or developmental disability; or (2) a notable reduction in the use of force by police and a notable increase in referrals of persons with a mental illness or intellectual disability to community-based, voluntary support services (other than institutionalization or carceral support services). ( d) Priority.--In awarding grants under this section, the Secretary shall give priority to States and political subdivisions of States that-- (1) have high rates of arrests and incarceration of persons with a mental illness or an intellectual or developmental disability; (2) commit to increasing resources for mental health and community-based support services or solutions for such persons; or (3) include peer support specialists in their current first responder model. ( (3) Disaggregation of data.--The reporting pursuant to paragraphs (1) and (2) shall be disaggregated by age, gender, race, and ethnicity, to the extent the Secretary determines appropriate. ( c) Completion; Report.--Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services and the Assistant Attorney General for the Civil Rights Division of the Department of Justice shall-- (1) complete the study under subsection (a); (2) submit a report to Congress on the results of such study; and (3) publish such report.

To authorize the Secretary of Health and Human Services to award grants to States and political subdivisions of States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies involving one or more persons with a mental illness or an intellectual or developmental disability, and for other purposes. 2) In the landmark 1999 Supreme Court case Olmstead v. L.C., the Supreme Court ruled that the ``unjustified institutional isolation of persons with disabilities is a form of discrimination'' prohibited by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ( requires public entities to ``administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities'' (28 C.F.R. 35.130(d)). 5) Many of the police encounters that lead to the incarceration (and in too many cases, death) of people with mental illness or an intellectual or developmental disability could be avoided by having in place systems that ensure that calls to 911 or to law enforcement result in dispatch of mental health professionals, peer support workers, or others rather than law enforcement officers. ( If there were sufficient community services, and persons with mental illness or an intellectual or developmental disability were connected to those services rather than being arrested, thousands of people with mental illness or an intellectual or developmental disability would avoid needless admissions to hospitals or jails. Further, jails and hospitals would experience less crowding. (b) Delegation.--The Secretary shall delegate responsibility for carrying out the Secretary's responsibilities under this section and section 4 to the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration. ( c) Additional Awards.--The Secretary shall make an additional award of funds under this section each fiscal year to grantees that demonstrate that their programs under this section resulted in-- (1) a notable reduction in the incarceration and death of persons with mental illness or an intellectual or developmental disability; or (2) a notable reduction in the use of force by police and a notable increase in referrals of persons with a mental illness or intellectual disability to community-based, voluntary support services (other than institutionalization or carceral support services). ( 2) By secretary.--Not later than 1 year after awarding the first grant under this section, and annually thereafter, the Secretary shall submit to Congress a report on the grant program under this section. ( 3) Disaggregation of data.--The reporting pursuant to paragraphs (1) and (2) shall be disaggregated by age, gender, race, and ethnicity, to the extent the Secretary determines appropriate. (f) Revocation of Grant.--If the Secretary finds, based on reporting under subsection (e) or other information, that activities funded through a grant under this section are leading to a significant increase in incarceration or institutionalization-- (1) the Secretary shall revoke the grant; and (2) the grantee shall repay to the Federal Government any amounts that the grantee-- (A) received through the grant; and (B) has not obligated or expended. a) In General.--The Secretary of Health and Human Services and the Assistant Attorney General for the Civil Rights Division of the Department of Justice shall conduct a study of the effectiveness of programs and activities under sections 3 and 4. (b) Qualitative and Longitudinal Examination.--The study under subsection (a) shall include a qualitative and longitudinal study of-- (1) the number of persons diverted from arrests; and (2) short- and long-term outcomes for those persons, including reduced recidivism, reduced incidences of use of force, and reduced utilization of resources. ( To carry out this legislation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2021 and each subsequent fiscal year.

To authorize the Secretary of Health and Human Services to award grants to States and political subdivisions of States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies involving one or more persons with a mental illness or an intellectual or developmental disability, and for other purposes. 2) In the landmark 1999 Supreme Court case Olmstead v. L.C., the Supreme Court ruled that the ``unjustified institutional isolation of persons with disabilities is a form of discrimination'' prohibited by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ( (B) Persons with a mental illness or an intellectual or developmental disability are often charged with minor, nonviolent offenses. 5) Many of the police encounters that lead to the incarceration (and in too many cases, death) of people with mental illness or an intellectual or developmental disability could be avoided by having in place systems that ensure that calls to 911 or to law enforcement result in dispatch of mental health professionals, peer support workers, or others rather than law enforcement officers. ( b) Delegation.--The Secretary shall delegate responsibility for carrying out the Secretary's responsibilities under this section and section 4 to the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration. (c) Additional Awards.--The Secretary shall make an additional award of funds under this section each fiscal year to grantees that demonstrate that their programs under this section resulted in-- (1) a notable reduction in the incarceration and death of persons with mental illness or an intellectual or developmental disability; or (2) a notable reduction in the use of force by police and a notable increase in referrals of persons with a mental illness or intellectual disability to community-based, voluntary support services (other than institutionalization or carceral support services). ( d) Priority.--In awarding grants under this section, the Secretary shall give priority to States and political subdivisions of States that-- (1) have high rates of arrests and incarceration of persons with a mental illness or an intellectual or developmental disability; (2) commit to increasing resources for mental health and community-based support services or solutions for such persons; or (3) include peer support specialists in their current first responder model. ( (3) Disaggregation of data.--The reporting pursuant to paragraphs (1) and (2) shall be disaggregated by age, gender, race, and ethnicity, to the extent the Secretary determines appropriate. ( c) Completion; Report.--Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services and the Assistant Attorney General for the Civil Rights Division of the Department of Justice shall-- (1) complete the study under subsection (a); (2) submit a report to Congress on the results of such study; and (3) publish such report.

To authorize the Secretary of Health and Human Services to award grants to States and political subdivisions of States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies involving one or more persons with a mental illness or an intellectual or developmental disability, and for other purposes. 2) In the landmark 1999 Supreme Court case Olmstead v. L.C., the Supreme Court ruled that the ``unjustified institutional isolation of persons with disabilities is a form of discrimination'' prohibited by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ( requires public entities to ``administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities'' (28 C.F.R. 35.130(d)). 5) Many of the police encounters that lead to the incarceration (and in too many cases, death) of people with mental illness or an intellectual or developmental disability could be avoided by having in place systems that ensure that calls to 911 or to law enforcement result in dispatch of mental health professionals, peer support workers, or others rather than law enforcement officers. ( If there were sufficient community services, and persons with mental illness or an intellectual or developmental disability were connected to those services rather than being arrested, thousands of people with mental illness or an intellectual or developmental disability would avoid needless admissions to hospitals or jails. Further, jails and hospitals would experience less crowding. (b) Delegation.--The Secretary shall delegate responsibility for carrying out the Secretary's responsibilities under this section and section 4 to the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration. ( c) Additional Awards.--The Secretary shall make an additional award of funds under this section each fiscal year to grantees that demonstrate that their programs under this section resulted in-- (1) a notable reduction in the incarceration and death of persons with mental illness or an intellectual or developmental disability; or (2) a notable reduction in the use of force by police and a notable increase in referrals of persons with a mental illness or intellectual disability to community-based, voluntary support services (other than institutionalization or carceral support services). ( 2) By secretary.--Not later than 1 year after awarding the first grant under this section, and annually thereafter, the Secretary shall submit to Congress a report on the grant program under this section. ( 3) Disaggregation of data.--The reporting pursuant to paragraphs (1) and (2) shall be disaggregated by age, gender, race, and ethnicity, to the extent the Secretary determines appropriate. (f) Revocation of Grant.--If the Secretary finds, based on reporting under subsection (e) or other information, that activities funded through a grant under this section are leading to a significant increase in incarceration or institutionalization-- (1) the Secretary shall revoke the grant; and (2) the grantee shall repay to the Federal Government any amounts that the grantee-- (A) received through the grant; and (B) has not obligated or expended. a) In General.--The Secretary of Health and Human Services and the Assistant Attorney General for the Civil Rights Division of the Department of Justice shall conduct a study of the effectiveness of programs and activities under sections 3 and 4. (b) Qualitative and Longitudinal Examination.--The study under subsection (a) shall include a qualitative and longitudinal study of-- (1) the number of persons diverted from arrests; and (2) short- and long-term outcomes for those persons, including reduced recidivism, reduced incidences of use of force, and reduced utilization of resources. ( To carry out this legislation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2021 and each subsequent fiscal year.

To authorize the Secretary of Health and Human Services to award grants to States and political subdivisions of States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies involving one or more persons with a mental illness or an intellectual or developmental disability, and for other purposes. 2) In the landmark 1999 Supreme Court case Olmstead v. L.C., the Supreme Court ruled that the ``unjustified institutional isolation of persons with disabilities is a form of discrimination'' prohibited by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ( (B) Persons with a mental illness or an intellectual or developmental disability are often charged with minor, nonviolent offenses. 5) Many of the police encounters that lead to the incarceration (and in too many cases, death) of people with mental illness or an intellectual or developmental disability could be avoided by having in place systems that ensure that calls to 911 or to law enforcement result in dispatch of mental health professionals, peer support workers, or others rather than law enforcement officers. ( b) Delegation.--The Secretary shall delegate responsibility for carrying out the Secretary's responsibilities under this section and section 4 to the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration. (c) Additional Awards.--The Secretary shall make an additional award of funds under this section each fiscal year to grantees that demonstrate that their programs under this section resulted in-- (1) a notable reduction in the incarceration and death of persons with mental illness or an intellectual or developmental disability; or (2) a notable reduction in the use of force by police and a notable increase in referrals of persons with a mental illness or intellectual disability to community-based, voluntary support services (other than institutionalization or carceral support services). ( d) Priority.--In awarding grants under this section, the Secretary shall give priority to States and political subdivisions of States that-- (1) have high rates of arrests and incarceration of persons with a mental illness or an intellectual or developmental disability; (2) commit to increasing resources for mental health and community-based support services or solutions for such persons; or (3) include peer support specialists in their current first responder model. ( (3) Disaggregation of data.--The reporting pursuant to paragraphs (1) and (2) shall be disaggregated by age, gender, race, and ethnicity, to the extent the Secretary determines appropriate. ( c) Completion; Report.--Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services and the Assistant Attorney General for the Civil Rights Division of the Department of Justice shall-- (1) complete the study under subsection (a); (2) submit a report to Congress on the results of such study; and (3) publish such report.

To authorize the Secretary of Health and Human Services to award grants to States and political subdivisions of States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies involving one or more persons with a mental illness or an intellectual or developmental disability, and for other purposes. 2) In the landmark 1999 Supreme Court case Olmstead v. L.C., the Supreme Court ruled that the ``unjustified institutional isolation of persons with disabilities is a form of discrimination'' prohibited by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ( (b) Delegation.--The Secretary shall delegate responsibility for carrying out the Secretary's responsibilities under this section and section 4 to the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration. ( 2) By secretary.--Not later than 1 year after awarding the first grant under this section, and annually thereafter, the Secretary shall submit to Congress a report on the grant program under this section. ( (f) Revocation of Grant.--If the Secretary finds, based on reporting under subsection (e) or other information, that activities funded through a grant under this section are leading to a significant increase in incarceration or institutionalization-- (1) the Secretary shall revoke the grant; and (2) the grantee shall repay to the Federal Government any amounts that the grantee-- (A) received through the grant; and (B) has not obligated or expended. a) In General.--The Secretary of Health and Human Services and the Assistant Attorney General for the Civil Rights Division of the Department of Justice shall conduct a study of the effectiveness of programs and activities under sections 3 and 4. (

To authorize the Secretary of Health and Human Services to award grants to States and political subdivisions of States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies involving one or more persons with a mental illness or an intellectual or developmental disability, and for other purposes. 2) In the landmark 1999 Supreme Court case Olmstead v. L.C., the Supreme Court ruled that the ``unjustified institutional isolation of persons with disabilities is a form of discrimination'' prohibited by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ( ( ( d) Priority.--In awarding grants under this section, the Secretary shall give priority to States and political subdivisions of States that-- (1) have high rates of arrests and incarceration of persons with a mental illness or an intellectual or developmental disability; (2) commit to increasing resources for mental health and community-based support services or solutions for such persons; or (3) include peer support specialists in their current first responder model. ( ( 3) Disaggregation of data.--The reporting pursuant to paragraphs (1) and (2) shall be disaggregated by age, gender, race, and ethnicity, to the extent the Secretary determines appropriate. (

To authorize the Secretary of Health and Human Services to award grants to States and political subdivisions of States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies involving one or more persons with a mental illness or an intellectual or developmental disability, and for other purposes. 2) In the landmark 1999 Supreme Court case Olmstead v. L.C., the Supreme Court ruled that the ``unjustified institutional isolation of persons with disabilities is a form of discrimination'' prohibited by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ( (b) Delegation.--The Secretary shall delegate responsibility for carrying out the Secretary's responsibilities under this section and section 4 to the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration. ( 2) By secretary.--Not later than 1 year after awarding the first grant under this section, and annually thereafter, the Secretary shall submit to Congress a report on the grant program under this section. ( (f) Revocation of Grant.--If the Secretary finds, based on reporting under subsection (e) or other information, that activities funded through a grant under this section are leading to a significant increase in incarceration or institutionalization-- (1) the Secretary shall revoke the grant; and (2) the grantee shall repay to the Federal Government any amounts that the grantee-- (A) received through the grant; and (B) has not obligated or expended. a) In General.--The Secretary of Health and Human Services and the Assistant Attorney General for the Civil Rights Division of the Department of Justice shall conduct a study of the effectiveness of programs and activities under sections 3 and 4. (

Mental Health Justice Act of 2021 This bill directs the Department of Health and Human Services (HHS) to award grants to states and political subdivisions of states to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies in which: (1) an individual calling 911, 988, or another emergency hotline states that a person is Directs the Secretary of Health and Human Services to give priority to states and political subdivisions of States that: (1) have high rates of arrests and incarceration of persons with a mental illness or an intellectual or developmental disability; (2) commit to increasing resources for mental health and community-based support services or solutions for such persons; or (3) include peer support specialists in their

H.R.3576

International Affairs

Reproductive Rights are Human Rights Act of 2021 This bill directs the Department of State to include in its annual reports on human rights in countries receiving U.S. development and security assistance a discussion of the status of reproductive rights in each country. This must include whether a country has adopted and enforced policies to (1) promote access to contraception and accurate, nondiscriminatory family planning and sexual health information; (2) provide services to ensure safe and healthy pregnancy and childbirth; (3) expand or restrict access to safe abortion services; and (4) prevent and treat sexually transmitted diseases. For each country, the reports shall also contain (1) data concerning pregnancy-related injuries and deaths; and (2) a description of the nature and extent of discrimination and violence against women, girls, and LGBTQI+ individuals in health care settings and the relevant government's response to such actions.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has joined the international community in identifying reproductive rights as human rights, including in connection with the 1994 International Conference on Population and Development, the 1995 Beijing World Conference on Women, and through its ratification of the International Covenant on Civil and Political Rights, done at New York December 19, 1966 (referred to in this Act as ``ICCPR''), the International Convention on the Elimination of All Forms of Racial Discrimination, done at New York December 21, 1965, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (2) General comment No. 36 (2018) on article 6 of the ICCPR, which was adopted by the Human Rights Committee on October 30, 2018, asserts that States parties-- (A) should ensure access for all persons to ``quality and evidence-based information and education about sexual and reproductive health and to a wide range of affordable contraceptive methods''; (B) ``must provide safe, legal, and effective access to abortion where the life and health of the pregnant woman or girl is at risk, or where carrying a pregnancy to term would cause the pregnant woman or girl substantial pain or suffering, most notably where pregnancy is the result of rape or incest or is not viable''; (C) ``ensure the availability of, and effective access to, quality prenatal and post-abortion health care for women and girls''; and (D) must not impose restrictions on the ability of women or girls to seek abortion in a manner that jeopardizes their lives, subjects them to physical or mental pain or suffering, discriminates against them, arbitrarily interferes with their privacy, or places them at risk of undertaking unsafe abortions. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. (4) Lesbian, gay, bisexual, transgender, queer, and intersex persons (LGBTQI+) face stigma and discrimination in accessing reproductive health services, and barriers, including anti-LGBTQI+ laws, policies, and gender norms in countries. The denial of access to sexual and reproductive health care and associated human rights violations due to these barriers should be reported in relevant Department of State Annual Country Reports on Human Rights Practices. (5) Human rights are grounded in international standards. The Department of State's deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. (6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment. Sexual and reproductive health and rights are essential for sustainable economic development, are intrinsically linked to gender equality and women's well-being, and are critical to community health. (7) The global COVID-19 pandemic has placed at risk the fulfillment of reproductive rights. The United Nations Office of the High Commissioner for Human Rights has raised concerns that overloaded health systems, shortages of medical supplies, and disruptions of global supply chains have undermined the sexual and reproductive health and rights of individuals. SEC. 3. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES. (a) In General.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended-- (1) in section 116(d) (22 U.S.C. 2151n(d)), by amending paragraph (2) to read as follows: ``(2) the status of reproductive rights in each country, including-- ``(A) whether such country has adopted and enforced policies-- ``(i) to promote access to safe, effective, and affordable methods of contraception and comprehensive, accurate, nondiscriminatory family planning and sexual health information; ``(ii) to promote access to a full range of quality health care services to ensure safe and healthy pregnancy and childbirth free from violence and discrimination; ``(iii) to promote the equitable prevention, detection, and treatment of sexually transmitted infections, including HIV and HPV, and of reproductive tract infections and reproductive cancers; and ``(iv) to expand or restrict access to safe abortion services or post-abortion care, or to criminalize pregnancy-related outcomes, including spontaneous miscarriages or pregnancies outside of marriage; ``(B) a description of the rates and causes of pregnancy-related injuries and deaths, including deaths due to unsafe abortions; ``(C) a description of-- ``(i) the nature and extent of instances of discrimination, coercion, and violence against women, girls, and LGBTQI+ individuals in all settings where health care is provided, including in detention; ``(ii) instances of obstetric violence, involuntary or coerced abortion, involuntary or coerced pregnancy, coerced sterilization, use of incentives or disincentives to lower or raise fertility, withholding of information on reproductive health options, and other forms of reproductive and sexual coercion; and ``(iii) the actions, if any, taken by the government of such country to respond to such discrimination, coercion, and violence, if applicable; ``(D) a description of-- ``(i) the proportion of individuals of reproductive age (15 through 49 years of age) whose need for family planning is satisfied with modern methods; ``(ii) the barriers such individuals face in accessing such services; ``(iii) the nature and extent of instances of denial of comprehensive and accurate family planning information and services in such country; and ``(iv) the actions, if any, taken by the government of such country to address such denials; and ``(E) a description of-- ``(i) disparities in access to family planning and reproductive health services and pregnancy-related health outcomes, including pregnancy-related injuries and deaths, based on race, ethnicity, indigenous status, language, religious affiliation, or other marginalized identity; and ``(ii) any measures taken by the government of such country to hold health systems accountable for addressing such disparities;''; and (2) in section 502B (22 U.S.C. 2304)-- (A) by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and (B) by adding at the end the following: ``(k) Inclusion of Status of Reproductive Rights in Annual Country Reports on Human Rights Practices.--The report required under subsection (b) shall include a description of the status of reproductive rights in each country, including-- ``(1) whether such country has adopted and enforced policies-- ``(A) to promote access to safe, effective, and affordable methods of contraception and comprehensive, accurate, non-discriminatory family planning and sexual health information; ``(B) to promote access to a full range of quality health care services to ensure safe and healthy pregnancy and childbirth, free from violence and discrimination; ``(C) to promote the equitable prevention, detection, and treatment of sexually transmitted infections, including HIV and HPV, and of reproductive tract infections and reproductive cancers; and ``(D) to expand or restrict access to safe abortion services or post-abortion care, or criminalize pregnancy-related outcomes, including spontaneous miscarriages and pregnancies outside of marriage; ``(2) a description of the rates and causes of pregnancy- related injuries and deaths, including deaths due to unsafe abortions; ``(3) a description of-- ``(A) the nature and extent of instances of discrimination, coercion, and violence against women, girls and LGBTQI+ individuals in all settings where health care is provided, including in detention; ``(B) instances of coerced abortion, coerced pregnancy, coerced sterilization, use of incentives or disincentives to lower or raise fertility, withholding of information on reproductive health options, and other forms of reproductive and sexual coercion; and ``(C) the actions, if any, taken by the government of such country to respond to such discrimination, coercion, and violence, if applicable; ``(4) a description of-- ``(A) the proportion of individuals of reproductive age (15 through 49 years of age) whose need for family planning is satisfied with modern methods; ``(B) the barriers such individuals face in accessing such services; ``(C) the nature and extent of instances of denial of comprehensive and accurate family planning information and services in such country; and ``(D) the actions, if any, taken by the government of such country to respond to such denials; and ``(5) a description of-- ``(A) disparities in access to family planning and reproductive health services and pregnancy-related health outcomes, including pregnancy-related injuries and deaths, based on race, ethnicity, indigenous status, language, religious affiliation, or other marginalized identity; and ``(B) any measures taken by the government of such country to hold health systems accountable for addressing such disparities.''. (b) Consultation Required.--In preparing the Annual Country Reports on Human Rights Practices required under sections 116(d) and 502B of the Foreign Assistance Act of 1961, as amended by subsection (a), the Secretary of State, the Assistant Secretary of State for Democracy, Human Rights, and Labor, and other relevant officials, including human rights officers at United States diplomatic and consular posts, shall consult with-- (1) representatives of United States civil society and multilateral organizations with demonstrated experience and expertise in sexual and reproductive health and rights or promoting the human rights of women, girls, and LGBTQI+ persons; (2) relevant local nongovernmental organizations in all countries included in such reports, including organizations serving women, girls, and LGBTQI+ persons that are focused on sexual and reproductive health and rights; and (3) relevant agencies and offices of the United States Government that track or are otherwise involved in the monitoring of reproductive and sexual health around the world. <all>

Reproductive Rights are Human Rights Act of 2021

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes.

Reproductive Rights are Human Rights Act of 2021

Rep. Clark, Katherine M.

D

MA

This bill directs the Department of State to include in its annual reports on human rights in countries receiving U.S. development and security assistance a discussion of the status of reproductive rights in each country. This must include whether a country has adopted and enforced policies to (1) promote access to contraception and accurate, nondiscriminatory family planning and sexual health information; (2) provide services to ensure safe and healthy pregnancy and childbirth; (3) expand or restrict access to safe abortion services; and (4) prevent and treat sexually transmitted diseases. For each country, the reports shall also contain (1) data concerning pregnancy-related injuries and deaths; and (2) a description of the nature and extent of discrimination and violence against women, girls, and LGBTQI+ individuals in health care settings and the relevant government's response to such actions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. SEC. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES. (a) In General.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)), by amending paragraph (2) to read as follows: ``(2) the status of reproductive rights in each country, including-- ``(A) whether such country has adopted and enforced policies-- ``(i) to promote access to safe, effective, and affordable methods of contraception and comprehensive, accurate, nondiscriminatory family planning and sexual health information; ``(ii) to promote access to a full range of quality health care services to ensure safe and healthy pregnancy and childbirth free from violence and discrimination; ``(iii) to promote the equitable prevention, detection, and treatment of sexually transmitted infections, including HIV and HPV, and of reproductive tract infections and reproductive cancers; and ``(iv) to expand or restrict access to safe abortion services or post-abortion care, or to criminalize pregnancy-related outcomes, including spontaneous miscarriages or pregnancies outside of marriage; ``(B) a description of the rates and causes of pregnancy-related injuries and deaths, including deaths due to unsafe abortions; ``(C) a description of-- ``(i) the nature and extent of instances of discrimination, coercion, and violence against women, girls, and LGBTQI+ individuals in all settings where health care is provided, including in detention; ``(ii) instances of obstetric violence, involuntary or coerced abortion, involuntary or coerced pregnancy, coerced sterilization, use of incentives or disincentives to lower or raise fertility, withholding of information on reproductive health options, and other forms of reproductive and sexual coercion; and ``(iii) the actions, if any, taken by the government of such country to respond to such discrimination, coercion, and violence, if applicable; ``(D) a description of-- ``(i) the proportion of individuals of reproductive age (15 through 49 years of age) whose need for family planning is satisfied with modern methods; ``(ii) the barriers such individuals face in accessing such services; ``(iii) the nature and extent of instances of denial of comprehensive and accurate family planning information and services in such country; and ``(iv) the actions, if any, taken by the government of such country to address such denials; and ``(E) a description of-- ``(i) disparities in access to family planning and reproductive health services and pregnancy-related health outcomes, including pregnancy-related injuries and deaths, based on race, ethnicity, indigenous status, language, religious affiliation, or other marginalized identity; and ``(ii) any measures taken by the government of such country to hold health systems accountable for addressing such disparities;''; and (2) in section 502B (22 U.S.C.

2. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

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. Congress finds the following: (1) The United States has joined the international community in identifying reproductive rights as human rights, including in connection with the 1994 International Conference on Population and Development, the 1995 Beijing World Conference on Women, and through its ratification of the International Covenant on Civil and Political Rights, done at New York December 19, 1966 (referred to in this Act as ``ICCPR''), the International Convention on the Elimination of All Forms of Racial Discrimination, done at New York December 21, 1965, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. The Department of State's deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. (6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment. (7) The global COVID-19 pandemic has placed at risk the fulfillment of reproductive rights. SEC. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES. (a) In General.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 2151n(d)), by amending paragraph (2) to read as follows: ``(2) the status of reproductive rights in each country, including-- ``(A) whether such country has adopted and enforced policies-- ``(i) to promote access to safe, effective, and affordable methods of contraception and comprehensive, accurate, nondiscriminatory family planning and sexual health information; ``(ii) to promote access to a full range of quality health care services to ensure safe and healthy pregnancy and childbirth free from violence and discrimination; ``(iii) to promote the equitable prevention, detection, and treatment of sexually transmitted infections, including HIV and HPV, and of reproductive tract infections and reproductive cancers; and ``(iv) to expand or restrict access to safe abortion services or post-abortion care, or to criminalize pregnancy-related outcomes, including spontaneous miscarriages or pregnancies outside of marriage; ``(B) a description of the rates and causes of pregnancy-related injuries and deaths, including deaths due to unsafe abortions; ``(C) a description of-- ``(i) the nature and extent of instances of discrimination, coercion, and violence against women, girls, and LGBTQI+ individuals in all settings where health care is provided, including in detention; ``(ii) instances of obstetric violence, involuntary or coerced abortion, involuntary or coerced pregnancy, coerced sterilization, use of incentives or disincentives to lower or raise fertility, withholding of information on reproductive health options, and other forms of reproductive and sexual coercion; and ``(iii) the actions, if any, taken by the government of such country to respond to such discrimination, coercion, and violence, if applicable; ``(D) a description of-- ``(i) the proportion of individuals of reproductive age (15 through 49 years of age) whose need for family planning is satisfied with modern methods; ``(ii) the barriers such individuals face in accessing such services; ``(iii) the nature and extent of instances of denial of comprehensive and accurate family planning information and services in such country; and ``(iv) the actions, if any, taken by the government of such country to address such denials; and ``(E) a description of-- ``(i) disparities in access to family planning and reproductive health services and pregnancy-related health outcomes, including pregnancy-related injuries and deaths, based on race, ethnicity, indigenous status, language, religious affiliation, or other marginalized identity; and ``(ii) any measures taken by the government of such country to hold health systems accountable for addressing such disparities;''; and (2) in section 502B (22 U.S.C.

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. Congress finds the following: (1) The United States has joined the international community in identifying reproductive rights as human rights, including in connection with the 1994 International Conference on Population and Development, the 1995 Beijing World Conference on Women, and through its ratification of the International Covenant on Civil and Political Rights, done at New York December 19, 1966 (referred to in this Act as ``ICCPR''), the International Convention on the Elimination of All Forms of Racial Discrimination, done at New York December 21, 1965, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. (5) Human rights are grounded in international standards. The Department of State's deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. (6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment. (7) The global COVID-19 pandemic has placed at risk the fulfillment of reproductive rights. The United Nations Office of the High Commissioner for Human Rights has raised concerns that overloaded health systems, shortages of medical supplies, and disruptions of global supply chains have undermined the sexual and reproductive health and rights of individuals. SEC. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES. (a) In General.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 2151n(d)), by amending paragraph (2) to read as follows: ``(2) the status of reproductive rights in each country, including-- ``(A) whether such country has adopted and enforced policies-- ``(i) to promote access to safe, effective, and affordable methods of contraception and comprehensive, accurate, nondiscriminatory family planning and sexual health information; ``(ii) to promote access to a full range of quality health care services to ensure safe and healthy pregnancy and childbirth free from violence and discrimination; ``(iii) to promote the equitable prevention, detection, and treatment of sexually transmitted infections, including HIV and HPV, and of reproductive tract infections and reproductive cancers; and ``(iv) to expand or restrict access to safe abortion services or post-abortion care, or to criminalize pregnancy-related outcomes, including spontaneous miscarriages or pregnancies outside of marriage; ``(B) a description of the rates and causes of pregnancy-related injuries and deaths, including deaths due to unsafe abortions; ``(C) a description of-- ``(i) the nature and extent of instances of discrimination, coercion, and violence against women, girls, and LGBTQI+ individuals in all settings where health care is provided, including in detention; ``(ii) instances of obstetric violence, involuntary or coerced abortion, involuntary or coerced pregnancy, coerced sterilization, use of incentives or disincentives to lower or raise fertility, withholding of information on reproductive health options, and other forms of reproductive and sexual coercion; and ``(iii) the actions, if any, taken by the government of such country to respond to such discrimination, coercion, and violence, if applicable; ``(D) a description of-- ``(i) the proportion of individuals of reproductive age (15 through 49 years of age) whose need for family planning is satisfied with modern methods; ``(ii) the barriers such individuals face in accessing such services; ``(iii) the nature and extent of instances of denial of comprehensive and accurate family planning information and services in such country; and ``(iv) the actions, if any, taken by the government of such country to address such denials; and ``(E) a description of-- ``(i) disparities in access to family planning and reproductive health services and pregnancy-related health outcomes, including pregnancy-related injuries and deaths, based on race, ethnicity, indigenous status, language, religious affiliation, or other marginalized identity; and ``(ii) any measures taken by the government of such country to hold health systems accountable for addressing such disparities;''; and (2) in section 502B (22 U.S.C. (b) Consultation Required.--In preparing the Annual Country Reports on Human Rights Practices required under sections 116(d) and 502B of the Foreign Assistance Act of 1961, as amended by subsection (a), the Secretary of State, the Assistant Secretary of State for Democracy, Human Rights, and Labor, and other relevant officials, including human rights officers at United States diplomatic and consular posts, shall consult with-- (1) representatives of United States civil society and multilateral organizations with demonstrated experience and expertise in sexual and reproductive health and rights or promoting the human rights of women, girls, and LGBTQI+ persons; (2) relevant local nongovernmental organizations in all countries included in such reports, including organizations serving women, girls, and LGBTQI+ persons that are focused on sexual and reproductive health and rights; and (3) relevant agencies and offices of the United States Government that track or are otherwise involved in the monitoring of reproductive and sexual health around the world.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. 3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( 4) Lesbian, gay, bisexual, transgender, queer, and intersex persons (LGBTQI+) face stigma and discrimination in accessing reproductive health services, and barriers, including anti-LGBTQI+ laws, policies, and gender norms in countries. The denial of access to sexual and reproductive health care and associated human rights violations due to these barriers should be reported in relevant Department of State Annual Country Reports on Human Rights Practices. ( 7) The global COVID-19 pandemic has placed at risk the fulfillment of reproductive rights.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( The Department of State's deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. ( 6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( The Department of State's deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. ( 6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. 3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( 4) Lesbian, gay, bisexual, transgender, queer, and intersex persons (LGBTQI+) face stigma and discrimination in accessing reproductive health services, and barriers, including anti-LGBTQI+ laws, policies, and gender norms in countries. The denial of access to sexual and reproductive health care and associated human rights violations due to these barriers should be reported in relevant Department of State Annual Country Reports on Human Rights Practices. ( 7) The global COVID-19 pandemic has placed at risk the fulfillment of reproductive rights.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( The Department of State's deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. ( 6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. 3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( 4) Lesbian, gay, bisexual, transgender, queer, and intersex persons (LGBTQI+) face stigma and discrimination in accessing reproductive health services, and barriers, including anti-LGBTQI+ laws, policies, and gender norms in countries. The denial of access to sexual and reproductive health care and associated human rights violations due to these barriers should be reported in relevant Department of State Annual Country Reports on Human Rights Practices. ( 7) The global COVID-19 pandemic has placed at risk the fulfillment of reproductive rights.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( The Department of State's deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. ( 6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. 3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( 4) Lesbian, gay, bisexual, transgender, queer, and intersex persons (LGBTQI+) face stigma and discrimination in accessing reproductive health services, and barriers, including anti-LGBTQI+ laws, policies, and gender norms in countries. The denial of access to sexual and reproductive health care and associated human rights violations due to these barriers should be reported in relevant Department of State Annual Country Reports on Human Rights Practices. ( 7) The global COVID-19 pandemic has placed at risk the fulfillment of reproductive rights.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( The Department of State's deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. ( 6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. 3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( 4) Lesbian, gay, bisexual, transgender, queer, and intersex persons (LGBTQI+) face stigma and discrimination in accessing reproductive health services, and barriers, including anti-LGBTQI+ laws, policies, and gender norms in countries. The denial of access to sexual and reproductive health care and associated human rights violations due to these barriers should be reported in relevant Department of State Annual Country Reports on Human Rights Practices. ( 7) The global COVID-19 pandemic has placed at risk the fulfillment of reproductive rights.

Reproductive Rights are Human Rights Act of 2021 This bill amends the Foreign Assistance Act of 1961 to require the Department of State to include a section on reproductive rights in the Annual Country Reports on Human Rights Practices. The Department of state must include such a section in its annual country reports. The bill amending the Human Rights Accountability Act of 2002 to require that the Secretary of State Amends the Human Rights Act to require annual country reports on human rights practices to include a description of the status of reproductive rights in each country, including: (1) whether the country has adopted and enforced policies to promote access to safe, effective, and affordable methods of contraception and comprehensive, accurate, non-discriminatory family planning and sexual health information; (2) whether such

S.1864

International Affairs

Reproductive Rights are Human Rights Act of 2021 This bill directs the Department of State to include in its annual reports on human rights in countries receiving U.S. development and security assistance a discussion of the status of reproductive rights in each country. This must include whether a country has adopted and enforced policies to (1) promote access to contraception and accurate, nondiscriminatory family planning and sexual health information; (2) provide services to ensure safe and healthy pregnancy and childbirth; (3) expand or restrict access to safe abortion services; and (4) prevent and treat sexually transmitted diseases. For each country, the reports shall also contain (1) data concerning pregnancy-related injuries and deaths; and (2) a description of the nature and extent of discrimination and violence against women, girls, and LGBTQI+ individuals in health care settings and the relevant government's response to such actions.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has joined the international community in identifying reproductive rights as human rights, including in connection with the 1994 International Conference on Population and Development, the 1995 Beijing World Conference on Women, and through its ratification of the International Covenant on Civil and Political Rights, done at New York December 19, 1966 (referred to in this Act as ``ICCPR''), the International Convention on the Elimination of All Forms of Racial Discrimination, done at New York December 21, 1965, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (2) General comment No. 36 (2018) on article 6 of the ICCPR, which was adopted by the Human Rights Committee on October 30, 2018, asserts that States parties-- (A) should ensure access for all persons to ``quality and evidence-based information and education about sexual and reproductive health and to a wide range of affordable contraceptive methods''; (B) ``must provide safe, legal, and effective access to abortion where the life and health of the pregnant woman or girl is at risk, or where carrying a pregnancy to term would cause the pregnant woman or girl substantial pain or suffering, most notably where pregnancy is the result of rape or incest or is not viable''; (C) ``ensure the availability of, and effective access to, quality prenatal and post-abortion health care for women and girls''; and (D) must not impose restrictions on the ability of women or girls to seek abortion in a manner that jeopardizes their lives, subjects them to physical or mental pain or suffering, discriminates against them, arbitrarily interferes with their privacy, or places them at risk of undertaking unsafe abortions. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. (4) Lesbian, gay, bisexual, transgender, queer, and intersex persons (LGBTQI+) face stigma and discrimination in accessing reproductive health services, and barriers, including anti-LGBTQI+ laws, policies, and gender norms in countries. The denial of access to sexual and reproductive health care and associated human rights violations due to these barriers should be reported in relevant Department of State Annual Country Reports on Human Rights Practices. (5) Human rights are grounded in international standards. The Department of State's deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. (6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment. Sexual and reproductive health and rights are essential for sustainable economic development, are intrinsically linked to gender equality and women's well-being, and are critical to community health. (7) The global COVID-19 pandemic has placed at risk the fulfillment of reproductive rights. The United Nations Office of the High Commissioner for Human Rights has raised concerns that overloaded health systems, shortages of medical supplies, and disruptions of global supply chains have undermined the sexual and reproductive health and rights of individuals. SEC. 3. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES. (a) In General.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended-- (1) in section 116(d) (22 U.S.C. 2151n(d)), by amending paragraph (2) to read as follows: ``(2) the status of reproductive rights in each country, including-- ``(A) whether such country has adopted and enforced policies-- ``(i) to promote access to safe, effective, and affordable methods of contraception and comprehensive, accurate, nondiscriminatory family planning and sexual health information; ``(ii) to promote access to a full range of quality health care services to ensure safe and healthy pregnancy and childbirth free from violence and discrimination; ``(iii) to promote the equitable prevention, detection, and treatment of sexually transmitted infections, including HIV and HPV, and of reproductive tract infections and reproductive cancers; and ``(iv) to expand or restrict access to safe abortion services or post-abortion care, or to criminalize pregnancy-related outcomes, including spontaneous miscarriages or pregnancies outside of marriage; ``(B) a description of the rates and causes of pregnancy-related injuries and deaths, including deaths due to unsafe abortions; ``(C) a description of-- ``(i) the nature and extent of instances of discrimination, coercion, and violence against women, girls, and LGBTQI+ individuals in all settings where health care is provided, including in detention; ``(ii) instances of obstetric violence, involuntary or coerced abortion, involuntary or coerced pregnancy, coerced sterilization, use of incentives or disincentives to lower or raise fertility, withholding of information on reproductive health options, and other forms of reproductive and sexual coercion; and ``(iii) the actions, if any, taken by the government of such country to respond to such discrimination, coercion, and violence, if applicable; ``(D) a description of-- ``(i) the proportion of individuals of reproductive age (15 through 49 years of age) whose need for family planning is satisfied with modern methods; ``(ii) the barriers such individuals face in accessing such services; ``(iii) the nature and extent of instances of denial of comprehensive and accurate family planning information and services in such country; and ``(iv) the actions, if any, taken by the government of such country to address such denials; and ``(E) a description of-- ``(i) disparities in access to family planning and reproductive health services and pregnancy-related health outcomes, including pregnancy-related injuries and deaths, based on race, ethnicity, indigenous status, language, religious affiliation, or other marginalized identity; and ``(ii) any measures taken by the government of such country to hold health systems accountable for addressing such disparities;''; and (2) in section 502B (22 U.S.C. 2304)-- (A) by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and (B) by adding at the end the following: ``(k) Inclusion of Status of Reproductive Rights in Annual Country Reports on Human Rights Practices.--The report required under subsection (b) shall include a description of the status of reproductive rights in each country, including-- ``(1) whether such country has adopted and enforced policies-- ``(A) to promote access to safe, effective, and affordable methods of contraception and comprehensive, accurate, non-discriminatory family planning and sexual health information; ``(B) to promote access to a full range of quality health care services to ensure safe and healthy pregnancy and childbirth, free from violence and discrimination; ``(C) to promote the equitable prevention, detection, and treatment of sexually transmitted infections, including HIV and HPV, and of reproductive tract infections and reproductive cancers; and ``(D) to expand or restrict access to safe abortion services or post-abortion care, or criminalize pregnancy-related outcomes, including spontaneous miscarriages and pregnancies outside of marriage; ``(2) a description of the rates and causes of pregnancy- related injuries and deaths, including deaths due to unsafe abortions; ``(3) a description of-- ``(A) the nature and extent of instances of discrimination, coercion, and violence against women, girls and LGBTQI+ individuals in all settings where health care is provided, including in detention; ``(B) instances of coerced abortion, coerced pregnancy, coerced sterilization, use of incentives or disincentives to lower or raise fertility, withholding of information on reproductive health options, and other forms of reproductive and sexual coercion; and ``(C) the actions, if any, taken by the government of such country to respond to such discrimination, coercion, and violence, if applicable; ``(4) a description of-- ``(A) the proportion of individuals of reproductive age (15 through 49 years of age) whose need for family planning is satisfied with modern methods; ``(B) the barriers such individuals face in accessing such services; ``(C) the nature and extent of instances of denial of comprehensive and accurate family planning information and services in such country; and ``(D) the actions, if any, taken by the government of such country to respond to such denials; and ``(5) a description of-- ``(A) disparities in access to family planning and reproductive health services and pregnancy-related health outcomes, including pregnancy-related injuries and deaths, based on race, ethnicity, indigenous status, language, religious affiliation, or other marginalized identity; and ``(B) any measures taken by the government of such country to hold health systems accountable for addressing such disparities.''. (b) Consultation Required.--In preparing the Annual Country Reports on Human Rights Practices required under sections 116(d) and 502B of the Foreign Assistance Act of 1961, as amended by subsection (a)), the Secretary of State, the Assistant Secretary of State for Democracy, Human Rights, and Labor, and other relevant officials, including human rights officers at United States diplomatic and consular posts, shall consult with-- (1) representatives of United States civil society and multilateral organizations with demonstrated experience and expertise in sexual and reproductive health and rights or promoting the human rights of women, girls, and LGBTQI+ persons; (2) relevant local nongovernmental organizations in all countries included in such reports, including organizations serving women, girls, and LGBTQI+ persons that are focused on sexual and reproductive health and rights; and (3) relevant agencies and offices of the United States Government that track or are otherwise involved in the monitoring of reproductive and sexual health around the world. <all>

Reproductive Rights are Human Rights Act of 2021

A bill to amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes.

Reproductive Rights are Human Rights Act of 2021

Sen. Menendez, Robert

D

NJ

This bill directs the Department of State to include in its annual reports on human rights in countries receiving U.S. development and security assistance a discussion of the status of reproductive rights in each country. This must include whether a country has adopted and enforced policies to (1) promote access to contraception and accurate, nondiscriminatory family planning and sexual health information; (2) provide services to ensure safe and healthy pregnancy and childbirth; (3) expand or restrict access to safe abortion services; and (4) prevent and treat sexually transmitted diseases. For each country, the reports shall also contain (1) data concerning pregnancy-related injuries and deaths; and (2) a description of the nature and extent of discrimination and violence against women, girls, and LGBTQI+ individuals in health care settings and the relevant government's response to such actions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. SEC. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES. (a) In General.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)), by amending paragraph (2) to read as follows: ``(2) the status of reproductive rights in each country, including-- ``(A) whether such country has adopted and enforced policies-- ``(i) to promote access to safe, effective, and affordable methods of contraception and comprehensive, accurate, nondiscriminatory family planning and sexual health information; ``(ii) to promote access to a full range of quality health care services to ensure safe and healthy pregnancy and childbirth free from violence and discrimination; ``(iii) to promote the equitable prevention, detection, and treatment of sexually transmitted infections, including HIV and HPV, and of reproductive tract infections and reproductive cancers; and ``(iv) to expand or restrict access to safe abortion services or post-abortion care, or to criminalize pregnancy-related outcomes, including spontaneous miscarriages or pregnancies outside of marriage; ``(B) a description of the rates and causes of pregnancy-related injuries and deaths, including deaths due to unsafe abortions; ``(C) a description of-- ``(i) the nature and extent of instances of discrimination, coercion, and violence against women, girls, and LGBTQI+ individuals in all settings where health care is provided, including in detention; ``(ii) instances of obstetric violence, involuntary or coerced abortion, involuntary or coerced pregnancy, coerced sterilization, use of incentives or disincentives to lower or raise fertility, withholding of information on reproductive health options, and other forms of reproductive and sexual coercion; and ``(iii) the actions, if any, taken by the government of such country to respond to such discrimination, coercion, and violence, if applicable; ``(D) a description of-- ``(i) the proportion of individuals of reproductive age (15 through 49 years of age) whose need for family planning is satisfied with modern methods; ``(ii) the barriers such individuals face in accessing such services; ``(iii) the nature and extent of instances of denial of comprehensive and accurate family planning information and services in such country; and ``(iv) the actions, if any, taken by the government of such country to address such denials; and ``(E) a description of-- ``(i) disparities in access to family planning and reproductive health services and pregnancy-related health outcomes, including pregnancy-related injuries and deaths, based on race, ethnicity, indigenous status, language, religious affiliation, or other marginalized identity; and ``(ii) any measures taken by the government of such country to hold health systems accountable for addressing such disparities;''; and (2) in section 502B (22 U.S.C.

2. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

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. Congress finds the following: (1) The United States has joined the international community in identifying reproductive rights as human rights, including in connection with the 1994 International Conference on Population and Development, the 1995 Beijing World Conference on Women, and through its ratification of the International Covenant on Civil and Political Rights, done at New York December 19, 1966 (referred to in this Act as ``ICCPR''), the International Convention on the Elimination of All Forms of Racial Discrimination, done at New York December 21, 1965, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. The Department of State's deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. (6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment. (7) The global COVID-19 pandemic has placed at risk the fulfillment of reproductive rights. SEC. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES. (a) In General.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 2151n(d)), by amending paragraph (2) to read as follows: ``(2) the status of reproductive rights in each country, including-- ``(A) whether such country has adopted and enforced policies-- ``(i) to promote access to safe, effective, and affordable methods of contraception and comprehensive, accurate, nondiscriminatory family planning and sexual health information; ``(ii) to promote access to a full range of quality health care services to ensure safe and healthy pregnancy and childbirth free from violence and discrimination; ``(iii) to promote the equitable prevention, detection, and treatment of sexually transmitted infections, including HIV and HPV, and of reproductive tract infections and reproductive cancers; and ``(iv) to expand or restrict access to safe abortion services or post-abortion care, or to criminalize pregnancy-related outcomes, including spontaneous miscarriages or pregnancies outside of marriage; ``(B) a description of the rates and causes of pregnancy-related injuries and deaths, including deaths due to unsafe abortions; ``(C) a description of-- ``(i) the nature and extent of instances of discrimination, coercion, and violence against women, girls, and LGBTQI+ individuals in all settings where health care is provided, including in detention; ``(ii) instances of obstetric violence, involuntary or coerced abortion, involuntary or coerced pregnancy, coerced sterilization, use of incentives or disincentives to lower or raise fertility, withholding of information on reproductive health options, and other forms of reproductive and sexual coercion; and ``(iii) the actions, if any, taken by the government of such country to respond to such discrimination, coercion, and violence, if applicable; ``(D) a description of-- ``(i) the proportion of individuals of reproductive age (15 through 49 years of age) whose need for family planning is satisfied with modern methods; ``(ii) the barriers such individuals face in accessing such services; ``(iii) the nature and extent of instances of denial of comprehensive and accurate family planning information and services in such country; and ``(iv) the actions, if any, taken by the government of such country to address such denials; and ``(E) a description of-- ``(i) disparities in access to family planning and reproductive health services and pregnancy-related health outcomes, including pregnancy-related injuries and deaths, based on race, ethnicity, indigenous status, language, religious affiliation, or other marginalized identity; and ``(ii) any measures taken by the government of such country to hold health systems accountable for addressing such disparities;''; and (2) in section 502B (22 U.S.C.

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. Congress finds the following: (1) The United States has joined the international community in identifying reproductive rights as human rights, including in connection with the 1994 International Conference on Population and Development, the 1995 Beijing World Conference on Women, and through its ratification of the International Covenant on Civil and Political Rights, done at New York December 19, 1966 (referred to in this Act as ``ICCPR''), the International Convention on the Elimination of All Forms of Racial Discrimination, done at New York December 21, 1965, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. (5) Human rights are grounded in international standards. The Department of State's deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. (6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment. (7) The global COVID-19 pandemic has placed at risk the fulfillment of reproductive rights. The United Nations Office of the High Commissioner for Human Rights has raised concerns that overloaded health systems, shortages of medical supplies, and disruptions of global supply chains have undermined the sexual and reproductive health and rights of individuals. SEC. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES. (a) In General.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 2151n(d)), by amending paragraph (2) to read as follows: ``(2) the status of reproductive rights in each country, including-- ``(A) whether such country has adopted and enforced policies-- ``(i) to promote access to safe, effective, and affordable methods of contraception and comprehensive, accurate, nondiscriminatory family planning and sexual health information; ``(ii) to promote access to a full range of quality health care services to ensure safe and healthy pregnancy and childbirth free from violence and discrimination; ``(iii) to promote the equitable prevention, detection, and treatment of sexually transmitted infections, including HIV and HPV, and of reproductive tract infections and reproductive cancers; and ``(iv) to expand or restrict access to safe abortion services or post-abortion care, or to criminalize pregnancy-related outcomes, including spontaneous miscarriages or pregnancies outside of marriage; ``(B) a description of the rates and causes of pregnancy-related injuries and deaths, including deaths due to unsafe abortions; ``(C) a description of-- ``(i) the nature and extent of instances of discrimination, coercion, and violence against women, girls, and LGBTQI+ individuals in all settings where health care is provided, including in detention; ``(ii) instances of obstetric violence, involuntary or coerced abortion, involuntary or coerced pregnancy, coerced sterilization, use of incentives or disincentives to lower or raise fertility, withholding of information on reproductive health options, and other forms of reproductive and sexual coercion; and ``(iii) the actions, if any, taken by the government of such country to respond to such discrimination, coercion, and violence, if applicable; ``(D) a description of-- ``(i) the proportion of individuals of reproductive age (15 through 49 years of age) whose need for family planning is satisfied with modern methods; ``(ii) the barriers such individuals face in accessing such services; ``(iii) the nature and extent of instances of denial of comprehensive and accurate family planning information and services in such country; and ``(iv) the actions, if any, taken by the government of such country to address such denials; and ``(E) a description of-- ``(i) disparities in access to family planning and reproductive health services and pregnancy-related health outcomes, including pregnancy-related injuries and deaths, based on race, ethnicity, indigenous status, language, religious affiliation, or other marginalized identity; and ``(ii) any measures taken by the government of such country to hold health systems accountable for addressing such disparities;''; and (2) in section 502B (22 U.S.C. (b) Consultation Required.--In preparing the Annual Country Reports on Human Rights Practices required under sections 116(d) and 502B of the Foreign Assistance Act of 1961, as amended by subsection (a)), the Secretary of State, the Assistant Secretary of State for Democracy, Human Rights, and Labor, and other relevant officials, including human rights officers at United States diplomatic and consular posts, shall consult with-- (1) representatives of United States civil society and multilateral organizations with demonstrated experience and expertise in sexual and reproductive health and rights or promoting the human rights of women, girls, and LGBTQI+ persons; (2) relevant local nongovernmental organizations in all countries included in such reports, including organizations serving women, girls, and LGBTQI+ persons that are focused on sexual and reproductive health and rights; and (3) relevant agencies and offices of the United States Government that track or are otherwise involved in the monitoring of reproductive and sexual health around the world.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. 3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( 4) Lesbian, gay, bisexual, transgender, queer, and intersex persons (LGBTQI+) face stigma and discrimination in accessing reproductive health services, and barriers, including anti-LGBTQI+ laws, policies, and gender norms in countries. The denial of access to sexual and reproductive health care and associated human rights violations due to these barriers should be reported in relevant Department of State Annual Country Reports on Human Rights Practices. ( 7) The global COVID-19 pandemic has placed at risk the fulfillment of reproductive rights.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( The Department of State's deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. ( 6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( The Department of State's deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. ( 6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. 3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( 4) Lesbian, gay, bisexual, transgender, queer, and intersex persons (LGBTQI+) face stigma and discrimination in accessing reproductive health services, and barriers, including anti-LGBTQI+ laws, policies, and gender norms in countries. The denial of access to sexual and reproductive health care and associated human rights violations due to these barriers should be reported in relevant Department of State Annual Country Reports on Human Rights Practices. ( 7) The global COVID-19 pandemic has placed at risk the fulfillment of reproductive rights.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( The Department of State's deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. ( 6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. 3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( 4) Lesbian, gay, bisexual, transgender, queer, and intersex persons (LGBTQI+) face stigma and discrimination in accessing reproductive health services, and barriers, including anti-LGBTQI+ laws, policies, and gender norms in countries. The denial of access to sexual and reproductive health care and associated human rights violations due to these barriers should be reported in relevant Department of State Annual Country Reports on Human Rights Practices. ( 7) The global COVID-19 pandemic has placed at risk the fulfillment of reproductive rights.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( The Department of State's deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. ( 6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. 3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( 4) Lesbian, gay, bisexual, transgender, queer, and intersex persons (LGBTQI+) face stigma and discrimination in accessing reproductive health services, and barriers, including anti-LGBTQI+ laws, policies, and gender norms in countries. The denial of access to sexual and reproductive health care and associated human rights violations due to these barriers should be reported in relevant Department of State Annual Country Reports on Human Rights Practices. ( 7) The global COVID-19 pandemic has placed at risk the fulfillment of reproductive rights.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( The Department of State's deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. ( 6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment.

To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. This Act may be cited as the ``Reproductive Rights are Human Rights Act of 2021''. 3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. ( 4) Lesbian, gay, bisexual, transgender, queer, and intersex persons (LGBTQI+) face stigma and discrimination in accessing reproductive health services, and barriers, including anti-LGBTQI+ laws, policies, and gender norms in countries. The denial of access to sexual and reproductive health care and associated human rights violations due to these barriers should be reported in relevant Department of State Annual Country Reports on Human Rights Practices. ( 7) The global COVID-19 pandemic has placed at risk the fulfillment of reproductive rights.

Reproductive Rights are Human Rights Act of 2021 This bill amends the Foreign Assistance Act of 1961 to require the Department of State to include a section on reproductive rights in the Annual Country Reports on Human Rights Practices. The Department of state must include such a section in its annual country reports. The bill amending the Human Rights Accountability Act of 2002 to require that the Secretary of State Amends the Human Rights Act to require annual country reports on human rights practices to include a description of the status of reproductive rights in each country, including: (1) whether the country has adopted and enforced policies to promote access to safe, effective, and affordable methods of contraception and comprehensive, accurate, non-discriminatory family planning and sexual health information; (2) whether such

H.R.2477

Public Lands and Natural Resources

Urban Forests Act of 2021 This bill provides for support to maintain urban forests. The Department of Agriculture (USDA) shall establish a grant program to be known as the Tree City USA Grant Program to provide competitive grants to qualifying local governments to enhance and maintain urban forests. USDA and the Department of Labor shall jointly establish Civilian Conservation Centers in urban and community areas. A specified five-year report on state forests and their resources shall contain an analysis of forest carbon over the previous two decades. Such report shall demonstrate the efforts taken by the Forest Service to USDA shall enter into a memorandum of understanding with the Departments of Health and Human Services, Housing and Urban Development, the Interior, Labor, and Transportation and the Environmental Protection Agency to

To provide support for urban forests, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Forests Act of 2021''. SEC. 2. URBAN AND COMMUNITY FORESTRY ASSISTANCE. (a) Tree City USA Grant Program.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended-- (1) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; and (2) by inserting after subsection (g) the following; ``(h) Tree City USA Grant Program.-- ``(1) In general.--The Secretary shall establish a grant program to be known as the `Tree City USA Grant Program' to provide competitive grants to eligible entities to enhance and maintain urban forests. ``(2) Application.-- ``(A) In general.--To be eligible to be awarded a grant under paragraph (1), an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a proposal to enhance and maintain urban forests. ``(B) Application assistance.--A non-profit organization that partners with an eligible entity may submit an application under subparagraph (A) on behalf of such eligible entity. ``(3) Priority.--In awarding grants under paragraph (1), the Secretary shall give priority to eligible entities that submit proposals under paragraph (2)(A) that-- ``(A) enhance, maintain, or improve access to urban forests in-- ``(i) typically underserved areas; or ``(ii) areas with low tree or environmental equity; ``(B) further a statewide assessment or local government initiative to enhance and maintain urban forests; ``(C) include a plan to mitigate risks from insects, disease, and non-native invasive species; and ``(D) include a plan to monitor and maintain new and existing trees. ``(4) Technical assistance.--The Secretary may provide technical assistance to local governments to assist such local governments with-- ``(A) becoming eligible entities; and ``(B) proposals under paragraph (2)(A). ``(5) Matching funds.--An eligible entity that receives a grant under this subsection shall contribute an amount of non- Federal funds (in cash or in kind) that is at least equal to the amount of the Federal funds received. ``(6) Premier tree city.--Not later than 1 year after the date of the enactment of the Urban Forests Act of 2021, and annually through 2030 thereafter, the Secretary shall designate as a `Premier Tree City' one eligible entity awarded a grant under this subsection to recognize the superior efforts of such eligible entity in enhancing and maintaining urban forests. ``(7) Authorization of appropriations.--In addition to the amounts authorized under subsection (k), there are authorized to be appropriated $1,000,000 for each of fiscal years 2021 through 2030 to carry out this subsection. ``(8) Eligible entity defined.--In this subsection, the term `eligible entity' means a local government that-- ``(A) serves an urban and community area; and ``(B) a tree planting non-profit organization recognizes as having-- ``(i) a tree board or department; ``(ii) a tree care ordinance; ``(iii) a community forestry program with an annual budget of at least $2 per capita; and ``(iv) an Arbor Day observance and proclamation.''. (b) Cooperative Agreements for Urban Wood Utilization.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105), as amended by subsection (a), is further amended by inserting after subsection (h) the following: ``(i) Pilot Project for Cooperative Agreements for Urban Wood Utilization.-- ``(1) Cooperative agreements.--The Secretary may enter into cooperative agreements with State and local governments, institutions of higher education, private or non-profit organizations, and other entities that support projects that create wood products from dead and fallen trees in urban and community areas. ``(2) Prioritization.--The Secretary shall prioritize entering into cooperative agreements that-- ``(A) support local job creation; ``(B) are located in typically underserved areas or areas with low tree or environmental equity; ``(C) develop new uses for dead and fallen trees; and ``(D) improve urban forest health and resiliency. ``(3) Technical and financial assistance.--The Secretary may provide technical or financial assistance to entities that enter into a cooperative agreement under paragraph (1) to facilitate-- ``(A) research on new uses for dead and fallen trees in urban and community areas; and ``(B) market expansion opportunities for products made from dead and fallen trees in urban and community areas. ``(4) Report.--Not later than 1 year after the date of the enactment of the Urban Forests Act of 2021, the Secretary shall provide a report to the relevant committees on-- ``(A) the implementation of this subsection; and ``(B) recommendations to encourage economic development and job creation by creating new markets for wood products made from urban timber sources. ``(5) Definitions.--In this subsection-- ``(A) Dead and fallen trees.--The term `dead and fallen trees' means trees that-- ``(i) are dying or have died; ``(ii) have partially or completely fallen over; or ``(iii) have been negatively impacted by insects, disease, or weather-related disturbances. ``(B) Relevant committees.--The term `relevant committees' means-- ``(i) the Committees on Natural Resources and Agriculture of the House of Representatives; and ``(ii) the Committees on Energy and Natural Resources and Agriculture, Nutrition, and Forestry of the Senate.''. (c) Program of Education and Technical Assistance Clarification for Carbon Storage.--Section 9(d)(3) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105(d)(3)) is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) in subparagraph (D), by inserting ``and'' after the semicolon; and (3) by inserting at the end the following new subparagraph: ``(E) identifying opportunities to increase carbon storage through afforestation and scientific urban and community forestry management;''. (d) National Urban and Community Forestry Advisory Council.-- Section 9(g) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105(g)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(F) Meetings.--The Council established under this subsection shall meet not less than twice annually.''; and (2) by adding at the end the following new paragraph: ``(7) Renewal of council.-- ``(A) In general.--Not later than 30 days after the date of the enactment of the Urban Forests Act of 2021, the Secretary shall renew the Council. ``(B) Termination.--The Council shall not terminate except as provided by an Act of Congress.''. (e) Urban and Community Forestry Action Plan Clarification for Carbon Storage.--Section 9(g)(3) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105(g)(3)) is amended by adding at the end the following: ``(G) Recommendations for identifying opportunities to increase carbon storage through afforestation and scientific urban and community forestry management.''. (f) Authorization of Appropriations.--Subsection (k) of section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105), as redesignated by subsection (a), is amended-- (1) by striking ``$30,000,000'' and inserting ``$50,000,000''; and (2) by striking ``fiscal years 1991 through 1995'' and inserting ``fiscal years 2021 through 2025''. SEC. 3. CIVILIAN CONSERVATION CENTER URBAN FORESTRY DEMONSTRATION PROGRAM. Section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)) is amended by adding at the end the following: ``(4) Urban forestry.-- ``(A) Establishment.--Not later than 1 year after the date of the enactment of this paragraph, the Secretary of Agriculture and the Secretary of Labor shall jointly establish Civilian Conservation Centers in urban and community areas (as defined in subsection (j) of section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105)). ``(B) Focus.--In addition to the training and skills required under paragraph (1), the Civilian Conservation Centers established pursuant to subparagraph (A) shall provide training on urban forestry issues, including urban forest conservation, management, maintenance, and monitoring.''. SEC. 4. FOREST INVENTORY 5-YEAR REPORTS. Section 3(e)(3) of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1642(e)(3)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C)-- (A) by inserting ``, including forest carbon'' before ``over the previous''; and (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) demonstrates the efforts taken by the Forest Service to-- ``(i) conduct a strategic national forest inventory by measuring a statistically designed consistent historical series of field plots in combination with advanced technology to improve data, information, and estimates of precision; and ``(ii) use advanced geospatial technologies to improve the area and volume estimates described in clause (i), especially for sub- State regions and smaller areas.''. SEC. 5. MEMORANDUM OF UNDERSTANDING TO COORDINATE URBAN FORESTRY PROGRAMS. Not later than 120 days after the date of the enactment of this Act, the Secretary of Agriculture shall enter into a memorandum of understanding with the Secretaries of Health and Human Services, Housing and Urban Development, Interior, Labor, and Transportation and the Administrator of the Environmental Protection Agency to-- (1) identify strategies to increase equitable access to urban forests through existing programs and authorities; (2) coordinate existing urban forestry programs; (3) conduct research on the benefits of urban forests for air quality, heat island mitigation, energy burden reduction, and enhanced shading for heat-resilient housing and active transit; and (4) conduct research on improving coordination between the agencies to address insects, disease, and non-native invasive species in urban and community areas. <all>

Urban Forests Act of 2021

To provide support for urban forests, and for other purposes.

Urban Forests Act of 2021

Rep. Malliotakis, Nicole

R

NY

This bill provides for support to maintain urban forests. The Department of Agriculture (USDA) shall establish a grant program to be known as the Tree City USA Grant Program to provide competitive grants to qualifying local governments to enhance and maintain urban forests. USDA and the Department of Labor shall jointly establish Civilian Conservation Centers in urban and community areas. A specified five-year report on state forests and their resources shall contain an analysis of forest carbon over the previous two decades. Such report shall demonstrate the efforts taken by the Forest Service to USDA shall enter into a memorandum of understanding with the Departments of Health and Human Services, Housing and Urban Development, the Interior, Labor, and Transportation and the Environmental Protection Agency to

SHORT TITLE. This Act may be cited as the ``Urban Forests Act of 2021''. 2. URBAN AND COMMUNITY FORESTRY ASSISTANCE. (a) Tree City USA Grant Program.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. ``(B) Application assistance.--A non-profit organization that partners with an eligible entity may submit an application under subparagraph (A) on behalf of such eligible entity. ``(3) Priority.--In awarding grants under paragraph (1), the Secretary shall give priority to eligible entities that submit proposals under paragraph (2)(A) that-- ``(A) enhance, maintain, or improve access to urban forests in-- ``(i) typically underserved areas; or ``(ii) areas with low tree or environmental equity; ``(B) further a statewide assessment or local government initiative to enhance and maintain urban forests; ``(C) include a plan to mitigate risks from insects, disease, and non-native invasive species; and ``(D) include a plan to monitor and maintain new and existing trees. ``(5) Matching funds.--An eligible entity that receives a grant under this subsection shall contribute an amount of non- Federal funds (in cash or in kind) that is at least equal to the amount of the Federal funds received. ``(7) Authorization of appropriations.--In addition to the amounts authorized under subsection (k), there are authorized to be appropriated $1,000,000 for each of fiscal years 2021 through 2030 to carry out this subsection. ``(3) Technical and financial assistance.--The Secretary may provide technical or financial assistance to entities that enter into a cooperative agreement under paragraph (1) to facilitate-- ``(A) research on new uses for dead and fallen trees in urban and community areas; and ``(B) market expansion opportunities for products made from dead and fallen trees in urban and community areas. ``(B) Relevant committees.--The term `relevant committees' means-- ``(i) the Committees on Natural Resources and Agriculture of the House of Representatives; and ``(ii) the Committees on Energy and Natural Resources and Agriculture, Nutrition, and Forestry of the Senate.''. 2105(g)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(F) Meetings.--The Council established under this subsection shall meet not less than twice annually. ''; and (2) by adding at the end the following new paragraph: ``(7) Renewal of council.-- ``(A) In general.--Not later than 30 days after the date of the enactment of the Urban Forests Act of 2021, the Secretary shall renew the Council. 2105(g)(3)) is amended by adding at the end the following: ``(G) Recommendations for identifying opportunities to increase carbon storage through afforestation and scientific urban and community forestry management.''. 2105), as redesignated by subsection (a), is amended-- (1) by striking ``$30,000,000'' and inserting ``$50,000,000''; and (2) by striking ``fiscal years 1991 through 1995'' and inserting ``fiscal years 2021 through 2025''. 3. CIVILIAN CONSERVATION CENTER URBAN FORESTRY DEMONSTRATION PROGRAM. 2105)). 4. FOREST INVENTORY 5-YEAR REPORTS. SEC. 5. MEMORANDUM OF UNDERSTANDING TO COORDINATE URBAN FORESTRY PROGRAMS.

This Act may be cited as the ``Urban Forests Act of 2021''. 2. URBAN AND COMMUNITY FORESTRY ASSISTANCE. (a) Tree City USA Grant Program.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. ``(B) Application assistance.--A non-profit organization that partners with an eligible entity may submit an application under subparagraph (A) on behalf of such eligible entity. ``(3) Priority.--In awarding grants under paragraph (1), the Secretary shall give priority to eligible entities that submit proposals under paragraph (2)(A) that-- ``(A) enhance, maintain, or improve access to urban forests in-- ``(i) typically underserved areas; or ``(ii) areas with low tree or environmental equity; ``(B) further a statewide assessment or local government initiative to enhance and maintain urban forests; ``(C) include a plan to mitigate risks from insects, disease, and non-native invasive species; and ``(D) include a plan to monitor and maintain new and existing trees. ``(5) Matching funds.--An eligible entity that receives a grant under this subsection shall contribute an amount of non- Federal funds (in cash or in kind) that is at least equal to the amount of the Federal funds received. ``(3) Technical and financial assistance.--The Secretary may provide technical or financial assistance to entities that enter into a cooperative agreement under paragraph (1) to facilitate-- ``(A) research on new uses for dead and fallen trees in urban and community areas; and ``(B) market expansion opportunities for products made from dead and fallen trees in urban and community areas. ``(B) Relevant committees.--The term `relevant committees' means-- ``(i) the Committees on Natural Resources and Agriculture of the House of Representatives; and ``(ii) the Committees on Energy and Natural Resources and Agriculture, Nutrition, and Forestry of the Senate.''. 2105(g)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(F) Meetings.--The Council established under this subsection shall meet not less than twice annually. 2105), as redesignated by subsection (a), is amended-- (1) by striking ``$30,000,000'' and inserting ``$50,000,000''; and (2) by striking ``fiscal years 1991 through 1995'' and inserting ``fiscal years 2021 through 2025''. 3. CIVILIAN CONSERVATION CENTER URBAN FORESTRY DEMONSTRATION PROGRAM. 2105)). 4. SEC. 5.

To provide support for urban forests, and for other purposes. SHORT TITLE. This Act may be cited as the ``Urban Forests Act of 2021''. 2. URBAN AND COMMUNITY FORESTRY ASSISTANCE. (a) Tree City USA Grant Program.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. ``(B) Application assistance.--A non-profit organization that partners with an eligible entity may submit an application under subparagraph (A) on behalf of such eligible entity. ``(3) Priority.--In awarding grants under paragraph (1), the Secretary shall give priority to eligible entities that submit proposals under paragraph (2)(A) that-- ``(A) enhance, maintain, or improve access to urban forests in-- ``(i) typically underserved areas; or ``(ii) areas with low tree or environmental equity; ``(B) further a statewide assessment or local government initiative to enhance and maintain urban forests; ``(C) include a plan to mitigate risks from insects, disease, and non-native invasive species; and ``(D) include a plan to monitor and maintain new and existing trees. ``(5) Matching funds.--An eligible entity that receives a grant under this subsection shall contribute an amount of non- Federal funds (in cash or in kind) that is at least equal to the amount of the Federal funds received. ``(7) Authorization of appropriations.--In addition to the amounts authorized under subsection (k), there are authorized to be appropriated $1,000,000 for each of fiscal years 2021 through 2030 to carry out this subsection. ``(3) Technical and financial assistance.--The Secretary may provide technical or financial assistance to entities that enter into a cooperative agreement under paragraph (1) to facilitate-- ``(A) research on new uses for dead and fallen trees in urban and community areas; and ``(B) market expansion opportunities for products made from dead and fallen trees in urban and community areas. ``(B) Relevant committees.--The term `relevant committees' means-- ``(i) the Committees on Natural Resources and Agriculture of the House of Representatives; and ``(ii) the Committees on Energy and Natural Resources and Agriculture, Nutrition, and Forestry of the Senate.''. 2105(g)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(F) Meetings.--The Council established under this subsection shall meet not less than twice annually. ''; and (2) by adding at the end the following new paragraph: ``(7) Renewal of council.-- ``(A) In general.--Not later than 30 days after the date of the enactment of the Urban Forests Act of 2021, the Secretary shall renew the Council. ``(B) Termination.--The Council shall not terminate except as provided by an Act of Congress.''. 2105(g)(3)) is amended by adding at the end the following: ``(G) Recommendations for identifying opportunities to increase carbon storage through afforestation and scientific urban and community forestry management.''. 2105), as redesignated by subsection (a), is amended-- (1) by striking ``$30,000,000'' and inserting ``$50,000,000''; and (2) by striking ``fiscal years 1991 through 1995'' and inserting ``fiscal years 2021 through 2025''. 3. CIVILIAN CONSERVATION CENTER URBAN FORESTRY DEMONSTRATION PROGRAM. 2105)). 4. FOREST INVENTORY 5-YEAR REPORTS. 1642(e)(3)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C)-- (A) by inserting ``, including forest carbon'' before ``over the previous''; and (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) demonstrates the efforts taken by the Forest Service to-- ``(i) conduct a strategic national forest inventory by measuring a statistically designed consistent historical series of field plots in combination with advanced technology to improve data, information, and estimates of precision; and ``(ii) use advanced geospatial technologies to improve the area and volume estimates described in clause (i), especially for sub- State regions and smaller areas.''. SEC. 5. MEMORANDUM OF UNDERSTANDING TO COORDINATE URBAN FORESTRY PROGRAMS.

To provide support for urban forests, and for other purposes. SHORT TITLE. This Act may be cited as the ``Urban Forests Act of 2021''. 2. URBAN AND COMMUNITY FORESTRY ASSISTANCE. (a) Tree City USA Grant Program.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. ``(B) Application assistance.--A non-profit organization that partners with an eligible entity may submit an application under subparagraph (A) on behalf of such eligible entity. ``(3) Priority.--In awarding grants under paragraph (1), the Secretary shall give priority to eligible entities that submit proposals under paragraph (2)(A) that-- ``(A) enhance, maintain, or improve access to urban forests in-- ``(i) typically underserved areas; or ``(ii) areas with low tree or environmental equity; ``(B) further a statewide assessment or local government initiative to enhance and maintain urban forests; ``(C) include a plan to mitigate risks from insects, disease, and non-native invasive species; and ``(D) include a plan to monitor and maintain new and existing trees. ``(5) Matching funds.--An eligible entity that receives a grant under this subsection shall contribute an amount of non- Federal funds (in cash or in kind) that is at least equal to the amount of the Federal funds received. ``(7) Authorization of appropriations.--In addition to the amounts authorized under subsection (k), there are authorized to be appropriated $1,000,000 for each of fiscal years 2021 through 2030 to carry out this subsection. ``(8) Eligible entity defined.--In this subsection, the term `eligible entity' means a local government that-- ``(A) serves an urban and community area; and ``(B) a tree planting non-profit organization recognizes as having-- ``(i) a tree board or department; ``(ii) a tree care ordinance; ``(iii) a community forestry program with an annual budget of at least $2 per capita; and ``(iv) an Arbor Day observance and proclamation.''. 2105), as amended by subsection (a), is further amended by inserting after subsection (h) the following: ``(i) Pilot Project for Cooperative Agreements for Urban Wood Utilization.-- ``(1) Cooperative agreements.--The Secretary may enter into cooperative agreements with State and local governments, institutions of higher education, private or non-profit organizations, and other entities that support projects that create wood products from dead and fallen trees in urban and community areas. ``(3) Technical and financial assistance.--The Secretary may provide technical or financial assistance to entities that enter into a cooperative agreement under paragraph (1) to facilitate-- ``(A) research on new uses for dead and fallen trees in urban and community areas; and ``(B) market expansion opportunities for products made from dead and fallen trees in urban and community areas. ``(5) Definitions.--In this subsection-- ``(A) Dead and fallen trees.--The term `dead and fallen trees' means trees that-- ``(i) are dying or have died; ``(ii) have partially or completely fallen over; or ``(iii) have been negatively impacted by insects, disease, or weather-related disturbances. ``(B) Relevant committees.--The term `relevant committees' means-- ``(i) the Committees on Natural Resources and Agriculture of the House of Representatives; and ``(ii) the Committees on Energy and Natural Resources and Agriculture, Nutrition, and Forestry of the Senate.''. 2105(g)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(F) Meetings.--The Council established under this subsection shall meet not less than twice annually. ''; and (2) by adding at the end the following new paragraph: ``(7) Renewal of council.-- ``(A) In general.--Not later than 30 days after the date of the enactment of the Urban Forests Act of 2021, the Secretary shall renew the Council. ``(B) Termination.--The Council shall not terminate except as provided by an Act of Congress.''. 2105(g)(3)) is amended by adding at the end the following: ``(G) Recommendations for identifying opportunities to increase carbon storage through afforestation and scientific urban and community forestry management.''. 2105), as redesignated by subsection (a), is amended-- (1) by striking ``$30,000,000'' and inserting ``$50,000,000''; and (2) by striking ``fiscal years 1991 through 1995'' and inserting ``fiscal years 2021 through 2025''. 3. CIVILIAN CONSERVATION CENTER URBAN FORESTRY DEMONSTRATION PROGRAM. Section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 2105)). ``(B) Focus.--In addition to the training and skills required under paragraph (1), the Civilian Conservation Centers established pursuant to subparagraph (A) shall provide training on urban forestry issues, including urban forest conservation, management, maintenance, and monitoring.''. 4. FOREST INVENTORY 5-YEAR REPORTS. 1642(e)(3)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C)-- (A) by inserting ``, including forest carbon'' before ``over the previous''; and (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) demonstrates the efforts taken by the Forest Service to-- ``(i) conduct a strategic national forest inventory by measuring a statistically designed consistent historical series of field plots in combination with advanced technology to improve data, information, and estimates of precision; and ``(ii) use advanced geospatial technologies to improve the area and volume estimates described in clause (i), especially for sub- State regions and smaller areas.''. SEC. 5. MEMORANDUM OF UNDERSTANDING TO COORDINATE URBAN FORESTRY PROGRAMS. Not later than 120 days after the date of the enactment of this Act, the Secretary of Agriculture shall enter into a memorandum of understanding with the Secretaries of Health and Human Services, Housing and Urban Development, Interior, Labor, and Transportation and the Administrator of the Environmental Protection Agency to-- (1) identify strategies to increase equitable access to urban forests through existing programs and authorities; (2) coordinate existing urban forestry programs; (3) conduct research on the benefits of urban forests for air quality, heat island mitigation, energy burden reduction, and enhanced shading for heat-resilient housing and active transit; and (4) conduct research on improving coordination between the agencies to address insects, disease, and non-native invasive species in urban and community areas.

To provide support for urban forests, and for other purposes. a) Tree City USA Grant Program.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended-- (1) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; and (2) by inserting after subsection (g) the following; ``(h) Tree City USA Grant Program.-- ``(1) In general.--The Secretary shall establish a grant program to be known as the `Tree City USA Grant Program' to provide competitive grants to eligible entities to enhance and maintain urban forests. ``(3) Priority.--In awarding grants under paragraph (1), the Secretary shall give priority to eligible entities that submit proposals under paragraph (2)(A) that-- ``(A) enhance, maintain, or improve access to urban forests in-- ``(i) typically underserved areas; or ``(ii) areas with low tree or environmental equity; ``(B) further a statewide assessment or local government initiative to enhance and maintain urban forests; ``(C) include a plan to mitigate risks from insects, disease, and non-native invasive species; and ``(D) include a plan to monitor and maintain new and existing trees. ``(5) Matching funds.--An eligible entity that receives a grant under this subsection shall contribute an amount of non- Federal funds (in cash or in kind) that is at least equal to the amount of the Federal funds received. ``(7) Authorization of appropriations.--In addition to the amounts authorized under subsection (k), there are authorized to be appropriated $1,000,000 for each of fiscal years 2021 through 2030 to carry out this subsection. ``(8) Eligible entity defined.--In this subsection, the term `eligible entity' means a local government that-- ``(A) serves an urban and community area; and ``(B) a tree planting non-profit organization recognizes as having-- ``(i) a tree board or department; ``(ii) a tree care ordinance; ``(iii) a community forestry program with an annual budget of at least $2 per capita; and ``(iv) an Arbor Day observance and proclamation.''. ( ``(3) Technical and financial assistance.--The Secretary may provide technical or financial assistance to entities that enter into a cooperative agreement under paragraph (1) to facilitate-- ``(A) research on new uses for dead and fallen trees in urban and community areas; and ``(B) market expansion opportunities for products made from dead and fallen trees in urban and community areas. ``(4) Report.--Not later than 1 year after the date of the enactment of the Urban Forests Act of 2021, the Secretary shall provide a report to the relevant committees on-- ``(A) the implementation of this subsection; and ``(B) recommendations to encourage economic development and job creation by creating new markets for wood products made from urban timber sources. 2105(d)(3)) is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) in subparagraph (D), by inserting ``and'' after the semicolon; and (3) by inserting at the end the following new subparagraph: ``(E) identifying opportunities to increase carbon storage through afforestation and scientific urban and community forestry management;''. ( d) National Urban and Community Forestry Advisory Council.-- Section 9(g) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105(g)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(F) Meetings.--The Council established under this subsection shall meet not less than twice annually. ''; 2105), as redesignated by subsection (a), is amended-- (1) by striking ``$30,000,000'' and inserting ``$50,000,000''; and (2) by striking ``fiscal years 1991 through 1995'' and inserting ``fiscal years 2021 through 2025''. Section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)) is amended by adding at the end the following: ``(4) Urban forestry.-- ``(A) Establishment.--Not later than 1 year after the date of the enactment of this paragraph, the Secretary of Agriculture and the Secretary of Labor shall jointly establish Civilian Conservation Centers in urban and community areas (as defined in subsection (j) of section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105)). MEMORANDUM OF UNDERSTANDING TO COORDINATE URBAN FORESTRY PROGRAMS.

To provide support for urban forests, and for other purposes. a) Tree City USA Grant Program.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended-- (1) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; and (2) by inserting after subsection (g) the following; ``(h) Tree City USA Grant Program.-- ``(1) In general.--The Secretary shall establish a grant program to be known as the `Tree City USA Grant Program' to provide competitive grants to eligible entities to enhance and maintain urban forests. ``(6) Premier tree city.--Not later than 1 year after the date of the enactment of the Urban Forests Act of 2021, and annually through 2030 thereafter, the Secretary shall designate as a `Premier Tree City' one eligible entity awarded a grant under this subsection to recognize the superior efforts of such eligible entity in enhancing and maintaining urban forests. ``(3) Technical and financial assistance.--The Secretary may provide technical or financial assistance to entities that enter into a cooperative agreement under paragraph (1) to facilitate-- ``(A) research on new uses for dead and fallen trees in urban and community areas; and ``(B) market expansion opportunities for products made from dead and fallen trees in urban and community areas. ``(4) Report.--Not later than 1 year after the date of the enactment of the Urban Forests Act of 2021, the Secretary shall provide a report to the relevant committees on-- ``(A) the implementation of this subsection; and ``(B) recommendations to encourage economic development and job creation by creating new markets for wood products made from urban timber sources. d) National Urban and Community Forestry Advisory Council.-- Section 9(g) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105(g)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(F) Meetings.--The Council established under this subsection shall meet not less than twice annually. ''; 2105(g)(3)) is amended by adding at the end the following: ``(G) Recommendations for identifying opportunities to increase carbon storage through afforestation and scientific urban and community forestry management.''. ( Section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)) is amended by adding at the end the following: ``(4) Urban forestry.-- ``(A) Establishment.--Not later than 1 year after the date of the enactment of this paragraph, the Secretary of Agriculture and the Secretary of Labor shall jointly establish Civilian Conservation Centers in urban and community areas (as defined in subsection (j) of section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105)).

To provide support for urban forests, and for other purposes. a) Tree City USA Grant Program.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended-- (1) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; and (2) by inserting after subsection (g) the following; ``(h) Tree City USA Grant Program.-- ``(1) In general.--The Secretary shall establish a grant program to be known as the `Tree City USA Grant Program' to provide competitive grants to eligible entities to enhance and maintain urban forests. ``(6) Premier tree city.--Not later than 1 year after the date of the enactment of the Urban Forests Act of 2021, and annually through 2030 thereafter, the Secretary shall designate as a `Premier Tree City' one eligible entity awarded a grant under this subsection to recognize the superior efforts of such eligible entity in enhancing and maintaining urban forests. ``(3) Technical and financial assistance.--The Secretary may provide technical or financial assistance to entities that enter into a cooperative agreement under paragraph (1) to facilitate-- ``(A) research on new uses for dead and fallen trees in urban and community areas; and ``(B) market expansion opportunities for products made from dead and fallen trees in urban and community areas. ``(4) Report.--Not later than 1 year after the date of the enactment of the Urban Forests Act of 2021, the Secretary shall provide a report to the relevant committees on-- ``(A) the implementation of this subsection; and ``(B) recommendations to encourage economic development and job creation by creating new markets for wood products made from urban timber sources. d) National Urban and Community Forestry Advisory Council.-- Section 9(g) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105(g)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(F) Meetings.--The Council established under this subsection shall meet not less than twice annually. ''; 2105(g)(3)) is amended by adding at the end the following: ``(G) Recommendations for identifying opportunities to increase carbon storage through afforestation and scientific urban and community forestry management.''. ( Section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)) is amended by adding at the end the following: ``(4) Urban forestry.-- ``(A) Establishment.--Not later than 1 year after the date of the enactment of this paragraph, the Secretary of Agriculture and the Secretary of Labor shall jointly establish Civilian Conservation Centers in urban and community areas (as defined in subsection (j) of section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105)).

To provide support for urban forests, and for other purposes. a) Tree City USA Grant Program.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended-- (1) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; and (2) by inserting after subsection (g) the following; ``(h) Tree City USA Grant Program.-- ``(1) In general.--The Secretary shall establish a grant program to be known as the `Tree City USA Grant Program' to provide competitive grants to eligible entities to enhance and maintain urban forests. ``(3) Priority.--In awarding grants under paragraph (1), the Secretary shall give priority to eligible entities that submit proposals under paragraph (2)(A) that-- ``(A) enhance, maintain, or improve access to urban forests in-- ``(i) typically underserved areas; or ``(ii) areas with low tree or environmental equity; ``(B) further a statewide assessment or local government initiative to enhance and maintain urban forests; ``(C) include a plan to mitigate risks from insects, disease, and non-native invasive species; and ``(D) include a plan to monitor and maintain new and existing trees. ``(5) Matching funds.--An eligible entity that receives a grant under this subsection shall contribute an amount of non- Federal funds (in cash or in kind) that is at least equal to the amount of the Federal funds received. ``(7) Authorization of appropriations.--In addition to the amounts authorized under subsection (k), there are authorized to be appropriated $1,000,000 for each of fiscal years 2021 through 2030 to carry out this subsection. ``(8) Eligible entity defined.--In this subsection, the term `eligible entity' means a local government that-- ``(A) serves an urban and community area; and ``(B) a tree planting non-profit organization recognizes as having-- ``(i) a tree board or department; ``(ii) a tree care ordinance; ``(iii) a community forestry program with an annual budget of at least $2 per capita; and ``(iv) an Arbor Day observance and proclamation.''. ( ``(3) Technical and financial assistance.--The Secretary may provide technical or financial assistance to entities that enter into a cooperative agreement under paragraph (1) to facilitate-- ``(A) research on new uses for dead and fallen trees in urban and community areas; and ``(B) market expansion opportunities for products made from dead and fallen trees in urban and community areas. ``(4) Report.--Not later than 1 year after the date of the enactment of the Urban Forests Act of 2021, the Secretary shall provide a report to the relevant committees on-- ``(A) the implementation of this subsection; and ``(B) recommendations to encourage economic development and job creation by creating new markets for wood products made from urban timber sources. 2105(d)(3)) is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) in subparagraph (D), by inserting ``and'' after the semicolon; and (3) by inserting at the end the following new subparagraph: ``(E) identifying opportunities to increase carbon storage through afforestation and scientific urban and community forestry management;''. ( d) National Urban and Community Forestry Advisory Council.-- Section 9(g) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105(g)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(F) Meetings.--The Council established under this subsection shall meet not less than twice annually. ''; 2105), as redesignated by subsection (a), is amended-- (1) by striking ``$30,000,000'' and inserting ``$50,000,000''; and (2) by striking ``fiscal years 1991 through 1995'' and inserting ``fiscal years 2021 through 2025''. Section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)) is amended by adding at the end the following: ``(4) Urban forestry.-- ``(A) Establishment.--Not later than 1 year after the date of the enactment of this paragraph, the Secretary of Agriculture and the Secretary of Labor shall jointly establish Civilian Conservation Centers in urban and community areas (as defined in subsection (j) of section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105)). MEMORANDUM OF UNDERSTANDING TO COORDINATE URBAN FORESTRY PROGRAMS.

To provide support for urban forests, and for other purposes. a) Tree City USA Grant Program.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended-- (1) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; and (2) by inserting after subsection (g) the following; ``(h) Tree City USA Grant Program.-- ``(1) In general.--The Secretary shall establish a grant program to be known as the `Tree City USA Grant Program' to provide competitive grants to eligible entities to enhance and maintain urban forests. ``(6) Premier tree city.--Not later than 1 year after the date of the enactment of the Urban Forests Act of 2021, and annually through 2030 thereafter, the Secretary shall designate as a `Premier Tree City' one eligible entity awarded a grant under this subsection to recognize the superior efforts of such eligible entity in enhancing and maintaining urban forests. ``(3) Technical and financial assistance.--The Secretary may provide technical or financial assistance to entities that enter into a cooperative agreement under paragraph (1) to facilitate-- ``(A) research on new uses for dead and fallen trees in urban and community areas; and ``(B) market expansion opportunities for products made from dead and fallen trees in urban and community areas. ``(4) Report.--Not later than 1 year after the date of the enactment of the Urban Forests Act of 2021, the Secretary shall provide a report to the relevant committees on-- ``(A) the implementation of this subsection; and ``(B) recommendations to encourage economic development and job creation by creating new markets for wood products made from urban timber sources. d) National Urban and Community Forestry Advisory Council.-- Section 9(g) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105(g)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(F) Meetings.--The Council established under this subsection shall meet not less than twice annually. ''; 2105(g)(3)) is amended by adding at the end the following: ``(G) Recommendations for identifying opportunities to increase carbon storage through afforestation and scientific urban and community forestry management.''. ( Section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)) is amended by adding at the end the following: ``(4) Urban forestry.-- ``(A) Establishment.--Not later than 1 year after the date of the enactment of this paragraph, the Secretary of Agriculture and the Secretary of Labor shall jointly establish Civilian Conservation Centers in urban and community areas (as defined in subsection (j) of section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105)).

To provide support for urban forests, and for other purposes. a) Tree City USA Grant Program.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended-- (1) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; and (2) by inserting after subsection (g) the following; ``(h) Tree City USA Grant Program.-- ``(1) In general.--The Secretary shall establish a grant program to be known as the `Tree City USA Grant Program' to provide competitive grants to eligible entities to enhance and maintain urban forests. ``(3) Priority.--In awarding grants under paragraph (1), the Secretary shall give priority to eligible entities that submit proposals under paragraph (2)(A) that-- ``(A) enhance, maintain, or improve access to urban forests in-- ``(i) typically underserved areas; or ``(ii) areas with low tree or environmental equity; ``(B) further a statewide assessment or local government initiative to enhance and maintain urban forests; ``(C) include a plan to mitigate risks from insects, disease, and non-native invasive species; and ``(D) include a plan to monitor and maintain new and existing trees. ``(5) Matching funds.--An eligible entity that receives a grant under this subsection shall contribute an amount of non- Federal funds (in cash or in kind) that is at least equal to the amount of the Federal funds received. ``(7) Authorization of appropriations.--In addition to the amounts authorized under subsection (k), there are authorized to be appropriated $1,000,000 for each of fiscal years 2021 through 2030 to carry out this subsection. ``(8) Eligible entity defined.--In this subsection, the term `eligible entity' means a local government that-- ``(A) serves an urban and community area; and ``(B) a tree planting non-profit organization recognizes as having-- ``(i) a tree board or department; ``(ii) a tree care ordinance; ``(iii) a community forestry program with an annual budget of at least $2 per capita; and ``(iv) an Arbor Day observance and proclamation.''. ( ``(3) Technical and financial assistance.--The Secretary may provide technical or financial assistance to entities that enter into a cooperative agreement under paragraph (1) to facilitate-- ``(A) research on new uses for dead and fallen trees in urban and community areas; and ``(B) market expansion opportunities for products made from dead and fallen trees in urban and community areas. ``(4) Report.--Not later than 1 year after the date of the enactment of the Urban Forests Act of 2021, the Secretary shall provide a report to the relevant committees on-- ``(A) the implementation of this subsection; and ``(B) recommendations to encourage economic development and job creation by creating new markets for wood products made from urban timber sources. 2105(d)(3)) is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) in subparagraph (D), by inserting ``and'' after the semicolon; and (3) by inserting at the end the following new subparagraph: ``(E) identifying opportunities to increase carbon storage through afforestation and scientific urban and community forestry management;''. ( d) National Urban and Community Forestry Advisory Council.-- Section 9(g) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105(g)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(F) Meetings.--The Council established under this subsection shall meet not less than twice annually. ''; 2105), as redesignated by subsection (a), is amended-- (1) by striking ``$30,000,000'' and inserting ``$50,000,000''; and (2) by striking ``fiscal years 1991 through 1995'' and inserting ``fiscal years 2021 through 2025''. Section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)) is amended by adding at the end the following: ``(4) Urban forestry.-- ``(A) Establishment.--Not later than 1 year after the date of the enactment of this paragraph, the Secretary of Agriculture and the Secretary of Labor shall jointly establish Civilian Conservation Centers in urban and community areas (as defined in subsection (j) of section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105)). MEMORANDUM OF UNDERSTANDING TO COORDINATE URBAN FORESTRY PROGRAMS.

To provide support for urban forests, and for other purposes. a) Tree City USA Grant Program.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended-- (1) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; and (2) by inserting after subsection (g) the following; ``(h) Tree City USA Grant Program.-- ``(1) In general.--The Secretary shall establish a grant program to be known as the `Tree City USA Grant Program' to provide competitive grants to eligible entities to enhance and maintain urban forests. ``(6) Premier tree city.--Not later than 1 year after the date of the enactment of the Urban Forests Act of 2021, and annually through 2030 thereafter, the Secretary shall designate as a `Premier Tree City' one eligible entity awarded a grant under this subsection to recognize the superior efforts of such eligible entity in enhancing and maintaining urban forests. ``(3) Technical and financial assistance.--The Secretary may provide technical or financial assistance to entities that enter into a cooperative agreement under paragraph (1) to facilitate-- ``(A) research on new uses for dead and fallen trees in urban and community areas; and ``(B) market expansion opportunities for products made from dead and fallen trees in urban and community areas. ``(4) Report.--Not later than 1 year after the date of the enactment of the Urban Forests Act of 2021, the Secretary shall provide a report to the relevant committees on-- ``(A) the implementation of this subsection; and ``(B) recommendations to encourage economic development and job creation by creating new markets for wood products made from urban timber sources. d) National Urban and Community Forestry Advisory Council.-- Section 9(g) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105(g)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(F) Meetings.--The Council established under this subsection shall meet not less than twice annually. ''; 2105(g)(3)) is amended by adding at the end the following: ``(G) Recommendations for identifying opportunities to increase carbon storage through afforestation and scientific urban and community forestry management.''. ( Section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)) is amended by adding at the end the following: ``(4) Urban forestry.-- ``(A) Establishment.--Not later than 1 year after the date of the enactment of this paragraph, the Secretary of Agriculture and the Secretary of Labor shall jointly establish Civilian Conservation Centers in urban and community areas (as defined in subsection (j) of section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105)).

To provide support for urban forests, and for other purposes. a) Tree City USA Grant Program.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended-- (1) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; and (2) by inserting after subsection (g) the following; ``(h) Tree City USA Grant Program.-- ``(1) In general.--The Secretary shall establish a grant program to be known as the `Tree City USA Grant Program' to provide competitive grants to eligible entities to enhance and maintain urban forests. ``(7) Authorization of appropriations.--In addition to the amounts authorized under subsection (k), there are authorized to be appropriated $1,000,000 for each of fiscal years 2021 through 2030 to carry out this subsection. ``(4) Report.--Not later than 1 year after the date of the enactment of the Urban Forests Act of 2021, the Secretary shall provide a report to the relevant committees on-- ``(A) the implementation of this subsection; and ``(B) recommendations to encourage economic development and job creation by creating new markets for wood products made from urban timber sources. 2105(d)(3)) is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) in subparagraph (D), by inserting ``and'' after the semicolon; and (3) by inserting at the end the following new subparagraph: ``(E) identifying opportunities to increase carbon storage through afforestation and scientific urban and community forestry management;''. ( d) National Urban and Community Forestry Advisory Council.-- Section 9(g) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105(g)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(F) Meetings.--The Council established under this subsection shall meet not less than twice annually. '';

To provide support for urban forests, and for other purposes. a) Tree City USA Grant Program.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended-- (1) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; and (2) by inserting after subsection (g) the following; ``(h) Tree City USA Grant Program.-- ``(1) In general.--The Secretary shall establish a grant program to be known as the `Tree City USA Grant Program' to provide competitive grants to eligible entities to enhance and maintain urban forests. 3197(d)) is amended by adding at the end the following: ``(4) Urban forestry.-- ``(A) Establishment.--Not later than 1 year after the date of the enactment of this paragraph, the Secretary of Agriculture and the Secretary of Labor shall jointly establish Civilian Conservation Centers in urban and community areas (as defined in subsection (j) of section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105)).

To provide support for urban forests, and for other purposes. a) Tree City USA Grant Program.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended-- (1) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; and (2) by inserting after subsection (g) the following; ``(h) Tree City USA Grant Program.-- ``(1) In general.--The Secretary shall establish a grant program to be known as the `Tree City USA Grant Program' to provide competitive grants to eligible entities to enhance and maintain urban forests. ``(7) Authorization of appropriations.--In addition to the amounts authorized under subsection (k), there are authorized to be appropriated $1,000,000 for each of fiscal years 2021 through 2030 to carry out this subsection. ``(4) Report.--Not later than 1 year after the date of the enactment of the Urban Forests Act of 2021, the Secretary shall provide a report to the relevant committees on-- ``(A) the implementation of this subsection; and ``(B) recommendations to encourage economic development and job creation by creating new markets for wood products made from urban timber sources. 2105(d)(3)) is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) in subparagraph (D), by inserting ``and'' after the semicolon; and (3) by inserting at the end the following new subparagraph: ``(E) identifying opportunities to increase carbon storage through afforestation and scientific urban and community forestry management;''. ( d) National Urban and Community Forestry Advisory Council.-- Section 9(g) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105(g)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(F) Meetings.--The Council established under this subsection shall meet not less than twice annually. '';

Urban Forests Act of 2021 - Amends the Cooperative Forestry Assistance Act of 1978 to direct the Secretary of Agriculture to establish the Tree City USA Grant Program to provide competitive grants to eligible entities to enhance and maintain urban forests. (Currently, the Secretary may only award grants to states and local governments.) Requires the Secretary to give priority to grant applicants that: (1) enhance, maintain Amends the Cooperative Forestry Assistance Act of 1978 to direct the Secretary of Agriculture and the Department of Labor to jointly establish Civilian Conservation Centers in urban and community areas to provide training on urban forestry issues, including urban forest conservation, management, maintenance, and monitoring. (Sec. 3) Amends the Workforce Innovation and Opportunity Act to require the Secretary to enter into a memorandum

S.2119

Foreign Trade and International Finance

Combating BDS Act of 2021 This bill allows a state or local government to adopt measures to divest its assets from entities using boycotts, divestments, or sanctions to influence Israel's policies. Such measures shall meet various requirements, including those related to written notice and comment. It also bars lawsuits against investment companies based solely on a company's decision to divest from entities that use boycotts, divestments, or sanctions to influence Israel's policies.

To provide for nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating BDS Act of 2021''. SEC. 2. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. (a) State and Local Measures.--Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (c) to divest the assets of the State or local government from, prohibit investment of the assets of the State or local government in, or restrict contracting by the State or local government for goods and services with-- (1) an entity that the State or local government determines, using credible information available to the public, knowingly engages in an activity described in subsection (b); (2) a successor entity or subunit of an entity described in paragraph (1); or (3) an entity that owns or controls or is owned or controlled by an entity described in paragraph (1). (b) Activities Described.--An activity described in this subsection is a commerce-related or investment-related boycott, divestment, or sanctions activity in the course of interstate or international commerce that is intended to penalize, inflict economic harm on, or otherwise limit commercial relations with Israel or persons doing business in Israel or Israeli-controlled territories for purposes of coercing political action by, or imposing policy positions on, the Government of Israel. (c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. (2) Timing.--A measure relating to divestment or investment shall apply to an entity not earlier than the date that is 90 days after the date on which written notice is provided to the entity under paragraph (1). (3) Opportunity for comment.--In the case of a measure relating to divestment or investment, the State or local government shall provide an opportunity to comment in writing to each entity to which the measure is to be applied. If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. (4) Disclosure in contracting measures.--The State or local government may require, in a measure relating to contracting, that a prospective contractor disclose whether the prospective contractor or any entity related to the prospective contractor as described in paragraph (2) or (3) of subsection (a) knowingly engages in any activity described in subsection (b) before entering into a contract. (5) Sense of congress on avoiding erroneous targeting.--It is the sense of Congress that a State or local government should not adopt a measure under subsection (a) with respect to an entity unless the State or local government has made every effort to avoid erroneously targeting the entity and has verified that the entity engages in an activity described in subsection (b). (d) Notice to Department of Justice.-- (1) In general.--Except as provided in paragraph (2), not later than 30 days after adopting a measure described in subsection (a), the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure. (2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. (e) Nonpreemption.--A measure of a State or local government that is consistent with subsection (a) is not preempted by any Federal law. (f) Prior Enacted Measures.-- (1) In general.--Notwithstanding any other provision of this section or any other provision of law, and except as provided in paragraph (2), a State or local government may enforce a measure described in subsection (a) adopted by the State or local government before the date of the enactment of this Act without regard to the requirements of subsection (c). (2) Application of notice and opportunity for comment.-- Enforcement of a measure described in paragraph (1) shall be subject to the requirements of subsection (c) on and after the date that is 2 years after the date of the enactment of this Act. (g) Rules of Construction.-- (1) Authority of states.--Nothing in this section shall be construed to abridge the authority of a State to issue and enforce rules governing the safety, soundness, and solvency of a financial institution subject to its jurisdiction or the business of insurance pursuant to the Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly known as the ``McCarran-Ferguson Act''). (2) Policy of the united states.--Nothing in this section shall be construed to alter the established policy of the United States concerning final status issues associated with the Palestinian-Israeli conflict, including border delineation, that can only be resolved through direct negotiations between the parties. (h) Definitions.--In this section: (1) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' means any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. (B) Exception.--The term ``assets'' does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). (2) Entity.--The term ``entity'' includes-- (A) any corporation, company, business association, partnership, or trust; and (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))). (3) Investment.--The term ``investment'' includes-- (A) a commitment or contribution of funds or property; (B) a loan or other extension of credit; and (C) the entry into or renewal of a contract for goods or services. (4) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (6) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State and any agency or instrumentality thereof; and (C) any other governmental instrumentality of a State or locality. SEC. 3. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) knowingly engage in any activity described in section 2(b) of the Combating BDS Act of 2021.''. SEC. 4. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS. It is the sense of Congress that-- (1) a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid investing plan assets in, any person the fiduciary determines knowingly engages in any activity described in section 2(b), if-- (A) the fiduciary makes that determination using credible information that is available to the public; and (B) the fiduciary prudently determines that the result of that divestment or avoidance of investment would not be expected to provide the employee benefit plan with-- (i) a lower rate of return than alternative investments with commensurate degrees of risk; or (ii) a higher degree of risk than alternative investments with commensurate rates of return; and (2) by divesting assets or avoiding the investment of assets as described in paragraph (1), the fiduciary is not breaching the responsibilities, obligations, or duties imposed upon the fiduciary by subparagraph (A) or (B) of section 404(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)). SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States. <all>

Combating BDS Act of 2021

A bill to provide for nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories, and for other purposes.

Combating BDS Act of 2021

Sen. Rubio, Marco

R

FL

This bill allows a state or local government to adopt measures to divest its assets from entities using boycotts, divestments, or sanctions to influence Israel's policies. Such measures shall meet various requirements, including those related to written notice and comment. It also bars lawsuits against investment companies based solely on a company's decision to divest from entities that use boycotts, divestments, or sanctions to influence Israel's policies.

SHORT TITLE. This Act may be cited as the ``Combating BDS Act of 2021''. 2. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. (c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. (2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. 33, chapter 20; 15 U.S.C. 1011 et seq.) (h) Definitions.--In this section: (1) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' means any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. (4) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (6) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State and any agency or instrumentality thereof; and (C) any other governmental instrumentality of a State or locality. 3. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. 4. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS. It is the sense of Congress that-- (1) a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)). SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.

SHORT TITLE. This Act may be cited as the ``Combating BDS Act of 2021''. 2. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. (c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. (2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. 1011 et seq.) (6) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State and any agency or instrumentality thereof; and (C) any other governmental instrumentality of a State or locality. 3. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. 4. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS. It is the sense of Congress that-- (1) a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)). SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.

SHORT TITLE. This Act may be cited as the ``Combating BDS Act of 2021''. 2. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. (c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. (3) Opportunity for comment.--In the case of a measure relating to divestment or investment, the State or local government shall provide an opportunity to comment in writing to each entity to which the measure is to be applied. If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. (2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. (g) Rules of Construction.-- (1) Authority of states.--Nothing in this section shall be construed to abridge the authority of a State to issue and enforce rules governing the safety, soundness, and solvency of a financial institution subject to its jurisdiction or the business of insurance pursuant to the Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (h) Definitions.--In this section: (1) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' means any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. (4) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (6) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State and any agency or instrumentality thereof; and (C) any other governmental instrumentality of a State or locality. 3. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. 4. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS. It is the sense of Congress that-- (1) a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid investing plan assets in, any person the fiduciary determines knowingly engages in any activity described in section 2(b), if-- (A) the fiduciary makes that determination using credible information that is available to the public; and (B) the fiduciary prudently determines that the result of that divestment or avoidance of investment would not be expected to provide the employee benefit plan with-- (i) a lower rate of return than alternative investments with commensurate degrees of risk; or (ii) a higher degree of risk than alternative investments with commensurate rates of return; and (2) by divesting assets or avoiding the investment of assets as described in paragraph (1), the fiduciary is not breaching the responsibilities, obligations, or duties imposed upon the fiduciary by subparagraph (A) or (B) of section 404(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)). SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating BDS Act of 2021''. 2. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. (c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. (3) Opportunity for comment.--In the case of a measure relating to divestment or investment, the State or local government shall provide an opportunity to comment in writing to each entity to which the measure is to be applied. If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. (2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. (e) Nonpreemption.--A measure of a State or local government that is consistent with subsection (a) is not preempted by any Federal law. (g) Rules of Construction.-- (1) Authority of states.--Nothing in this section shall be construed to abridge the authority of a State to issue and enforce rules governing the safety, soundness, and solvency of a financial institution subject to its jurisdiction or the business of insurance pursuant to the Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly known as the ``McCarran-Ferguson Act''). (2) Policy of the united states.--Nothing in this section shall be construed to alter the established policy of the United States concerning final status issues associated with the Palestinian-Israeli conflict, including border delineation, that can only be resolved through direct negotiations between the parties. (h) Definitions.--In this section: (1) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' means any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. (3) Investment.--The term ``investment'' includes-- (A) a commitment or contribution of funds or property; (B) a loan or other extension of credit; and (C) the entry into or renewal of a contract for goods or services. (4) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (6) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State and any agency or instrumentality thereof; and (C) any other governmental instrumentality of a State or locality. 3. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. 80a-13(c)(1)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) knowingly engage in any activity described in section 2(b) of the Combating BDS Act of 2021.''. 4. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS. It is the sense of Congress that-- (1) a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid investing plan assets in, any person the fiduciary determines knowingly engages in any activity described in section 2(b), if-- (A) the fiduciary makes that determination using credible information that is available to the public; and (B) the fiduciary prudently determines that the result of that divestment or avoidance of investment would not be expected to provide the employee benefit plan with-- (i) a lower rate of return than alternative investments with commensurate degrees of risk; or (ii) a higher degree of risk than alternative investments with commensurate rates of return; and (2) by divesting assets or avoiding the investment of assets as described in paragraph (1), the fiduciary is not breaching the responsibilities, obligations, or duties imposed upon the fiduciary by subparagraph (A) or (B) of section 404(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)). SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.

To provide for nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories, and for other purposes. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. ( (b) Activities Described.--An activity described in this subsection is a commerce-related or investment-related boycott, divestment, or sanctions activity in the course of interstate or international commerce that is intended to penalize, inflict economic harm on, or otherwise limit commercial relations with Israel or persons doing business in Israel or Israeli-controlled territories for purposes of coercing political action by, or imposing policy positions on, the Government of Israel. ( c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. ( If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. ( 5) Sense of congress on avoiding erroneous targeting.--It is the sense of Congress that a State or local government should not adopt a measure under subsection (a) with respect to an entity unless the State or local government has made every effort to avoid erroneously targeting the entity and has verified that the entity engages in an activity described in subsection (b). ( (2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. ( f) Prior Enacted Measures.-- (1) In general.--Notwithstanding any other provision of this section or any other provision of law, and except as provided in paragraph (2), a State or local government may enforce a measure described in subsection (a) adopted by the State or local government before the date of the enactment of this Act without regard to the requirements of subsection (c). ( commonly known as the ``McCarran-Ferguson Act''). ( 2) Entity.--The term ``entity'' includes-- (A) any corporation, company, business association, partnership, or trust; and (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))). ( (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. ( Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) knowingly engage in any activity described in section 2(b) of the Combating BDS Act of 2021.''. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.

To provide for nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories, and for other purposes. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. ( (c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. ( 4) Disclosure in contracting measures.--The State or local government may require, in a measure relating to contracting, that a prospective contractor disclose whether the prospective contractor or any entity related to the prospective contractor as described in paragraph (2) or (3) of subsection (a) knowingly engages in any activity described in subsection (b) before entering into a contract. ( (d) Notice to Department of Justice.-- (1) In general.--Except as provided in paragraph (2), not later than 30 days after adopting a measure described in subsection (a), the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure. ( 2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. ( (h) Definitions.--In this section: (1) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' means any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. ( Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) knowingly engage in any activity described in section 2(b) of the Combating BDS Act of 2021.''. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.

To provide for nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories, and for other purposes. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. ( (c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. ( 4) Disclosure in contracting measures.--The State or local government may require, in a measure relating to contracting, that a prospective contractor disclose whether the prospective contractor or any entity related to the prospective contractor as described in paragraph (2) or (3) of subsection (a) knowingly engages in any activity described in subsection (b) before entering into a contract. ( (d) Notice to Department of Justice.-- (1) In general.--Except as provided in paragraph (2), not later than 30 days after adopting a measure described in subsection (a), the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure. ( 2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. ( (h) Definitions.--In this section: (1) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' means any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. ( Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) knowingly engage in any activity described in section 2(b) of the Combating BDS Act of 2021.''. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.

To provide for nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories, and for other purposes. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. ( (b) Activities Described.--An activity described in this subsection is a commerce-related or investment-related boycott, divestment, or sanctions activity in the course of interstate or international commerce that is intended to penalize, inflict economic harm on, or otherwise limit commercial relations with Israel or persons doing business in Israel or Israeli-controlled territories for purposes of coercing political action by, or imposing policy positions on, the Government of Israel. ( c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. ( If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. ( 5) Sense of congress on avoiding erroneous targeting.--It is the sense of Congress that a State or local government should not adopt a measure under subsection (a) with respect to an entity unless the State or local government has made every effort to avoid erroneously targeting the entity and has verified that the entity engages in an activity described in subsection (b). ( (2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. ( f) Prior Enacted Measures.-- (1) In general.--Notwithstanding any other provision of this section or any other provision of law, and except as provided in paragraph (2), a State or local government may enforce a measure described in subsection (a) adopted by the State or local government before the date of the enactment of this Act without regard to the requirements of subsection (c). ( commonly known as the ``McCarran-Ferguson Act''). ( 2) Entity.--The term ``entity'' includes-- (A) any corporation, company, business association, partnership, or trust; and (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))). ( (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. ( Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) knowingly engage in any activity described in section 2(b) of the Combating BDS Act of 2021.''. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.

To provide for nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories, and for other purposes. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. ( (c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. ( 4) Disclosure in contracting measures.--The State or local government may require, in a measure relating to contracting, that a prospective contractor disclose whether the prospective contractor or any entity related to the prospective contractor as described in paragraph (2) or (3) of subsection (a) knowingly engages in any activity described in subsection (b) before entering into a contract. ( (d) Notice to Department of Justice.-- (1) In general.--Except as provided in paragraph (2), not later than 30 days after adopting a measure described in subsection (a), the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure. ( 2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. ( (h) Definitions.--In this section: (1) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' means any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. ( Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) knowingly engage in any activity described in section 2(b) of the Combating BDS Act of 2021.''. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.

To provide for nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories, and for other purposes. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. ( (b) Activities Described.--An activity described in this subsection is a commerce-related or investment-related boycott, divestment, or sanctions activity in the course of interstate or international commerce that is intended to penalize, inflict economic harm on, or otherwise limit commercial relations with Israel or persons doing business in Israel or Israeli-controlled territories for purposes of coercing political action by, or imposing policy positions on, the Government of Israel. ( c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. ( If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. ( 5) Sense of congress on avoiding erroneous targeting.--It is the sense of Congress that a State or local government should not adopt a measure under subsection (a) with respect to an entity unless the State or local government has made every effort to avoid erroneously targeting the entity and has verified that the entity engages in an activity described in subsection (b). ( (2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. ( f) Prior Enacted Measures.-- (1) In general.--Notwithstanding any other provision of this section or any other provision of law, and except as provided in paragraph (2), a State or local government may enforce a measure described in subsection (a) adopted by the State or local government before the date of the enactment of this Act without regard to the requirements of subsection (c). ( commonly known as the ``McCarran-Ferguson Act''). ( 2) Entity.--The term ``entity'' includes-- (A) any corporation, company, business association, partnership, or trust; and (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))). ( (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. ( Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) knowingly engage in any activity described in section 2(b) of the Combating BDS Act of 2021.''. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.

To provide for nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories, and for other purposes. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. ( (c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. ( 4) Disclosure in contracting measures.--The State or local government may require, in a measure relating to contracting, that a prospective contractor disclose whether the prospective contractor or any entity related to the prospective contractor as described in paragraph (2) or (3) of subsection (a) knowingly engages in any activity described in subsection (b) before entering into a contract. ( (d) Notice to Department of Justice.-- (1) In general.--Except as provided in paragraph (2), not later than 30 days after adopting a measure described in subsection (a), the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure. ( 2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. ( (h) Definitions.--In this section: (1) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' means any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. ( Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) knowingly engage in any activity described in section 2(b) of the Combating BDS Act of 2021.''. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.

To provide for nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories, and for other purposes. b) Activities Described.--An activity described in this subsection is a commerce-related or investment-related boycott, divestment, or sanctions activity in the course of interstate or international commerce that is intended to penalize, inflict economic harm on, or otherwise limit commercial relations with Israel or persons doing business in Israel or Israeli-controlled territories for purposes of coercing political action by, or imposing policy positions on, the Government of Israel. ( ( If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. ( 5) Sense of congress on avoiding erroneous targeting.--It is the sense of Congress that a State or local government should not adopt a measure under subsection (a) with respect to an entity unless the State or local government has made every effort to avoid erroneously targeting the entity and has verified that the entity engages in an activity described in subsection (b). ( ( ( 2) Entity.--The term ``entity'' includes-- (A) any corporation, company, business association, partnership, or trust; and (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))). ( ( Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) knowingly engage in any activity described in section 2(b) of the Combating BDS Act of 2021.''.

To provide for nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories, and for other purposes. 2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. ( ( 80a-13(c)(1)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) knowingly engage in any activity described in section 2(b) of the Combating BDS Act of 2021.''. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.

To provide for nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories, and for other purposes. b) Activities Described.--An activity described in this subsection is a commerce-related or investment-related boycott, divestment, or sanctions activity in the course of interstate or international commerce that is intended to penalize, inflict economic harm on, or otherwise limit commercial relations with Israel or persons doing business in Israel or Israeli-controlled territories for purposes of coercing political action by, or imposing policy positions on, the Government of Israel. ( ( If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. ( 5) Sense of congress on avoiding erroneous targeting.--It is the sense of Congress that a State or local government should not adopt a measure under subsection (a) with respect to an entity unless the State or local government has made every effort to avoid erroneously targeting the entity and has verified that the entity engages in an activity described in subsection (b). ( ( ( 2) Entity.--The term ``entity'' includes-- (A) any corporation, company, business association, partnership, or trust; and (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))). ( ( Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) knowingly engage in any activity described in section 2(b) of the Combating BDS Act of 2021.''.

Combating BDS Act of 2021 - Prohibits a state or local government from preempting a measure by the federal government to divest from, prohibit investment of, or restrict contracting with an entity that: (1) knowingly engages in a boycott, divestment, or sanctions activity targeting Israel or persons doing business in Israel or Israeli-controlled territories; or (2) owns or controls or Amends the Investment Company Act of 1940 to authorize a fiduciary of an employee benefit plan to divest plan assets from, or avoid investing plan assets in, any person who knowingly engages in any activity described in the Combating BDS Act of 2021. (Sec. 3) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for the sense of Congress that

S.1253

Economics and Public Finance

Maximizing America's Prosperity Act of 2021 This bill establishes annual spending limits that are equal to specified percentages of potential gross domestic product (GDP). Potential GDP generally refers to the GDP that would occur if the economy were at full employment without inflation. The spending limits apply to all budget authority and outlays of the federal government excluding net interest. The bill establishes procedures for enforcing the spending limits, including requirements for sequestration (i.e., automatic spending cuts) and for the President's budget and congressional budget resolutions to comply with the limits. The bill also requires at least 1% of total discretionary spending for each year to be reserved for emergencies.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This title may be cited as the ``Maximizing America's Prosperity Act of 2021''. SEC. 2. TOTAL SPENDING LIMITS. (a) Total Spending Limits.--Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901) is amended to read as follows: ``SEC. 251. TOTAL SPENDING LIMITS. ``(a) Projections.-- ``(1) OMB report.--OMB shall prepare a report comparing projected total spending under section 257 and the total spending limits in subsection (c), and include such report in the budget as submitted by the President annually under section 1105(a) of title 31, United States Code. ``(2) CBO report.--CBO shall prepare a report comparing projected total spending under section 257 and the total spending limits in subsection (c), and include such report in the CBO annual baseline and reestimate of the President's budget. ``(3) Inclusion in spending reduction orders.--Reports prepared pursuant to this subsection shall be included in a spending reduction order issued under subsection (b). ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(2) Calculation of spending reduction.--Subject to paragraph (3), each non-exempt budget account shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to achieve the required automatic spending reduction. ``(3) Limitation on reduction.--No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. ``(c) Fiscal Years of the Total Spending Period.--The total spending limit for each fiscal year shall be as follows: ``(1) Fiscal year 2022: 18.9 percent of potential GDP. ``(2) Fiscal year 2023: 18.6 percent of potential GDP. ``(3) Fiscal year 2024: 18.2 percent of potential GDP. ``(4) Fiscal year 2025: 18.4 percent of potential GDP. ``(5) Fiscal year 2026: 18.4 percent of potential GDP. ``(6) Fiscal year 2027: 18.2 percent of potential GDP. ``(7) Fiscal year 2028: 18.6 percent of potential GDP. ``(8) Fiscal year 2029: 17.9 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. ``(10) Fiscal year 2031 and subsequent fiscal years: 17.5 percent of potential GDP. ``(d) Reduction for Unfunded Federal Mandates.--The amount determined under subsection (c) with respect to each fiscal year shall be reduced by an amount equal to the amount of the unfunded direct costs with respect to such fiscal year of Federal mandates (as such terms are defined in section 421 of the Congressional Budget Act of 1974 (2 U.S.C. 658)) enacted after the date of the enactment of the Maximizing America's Prosperity Act of 2021. Such amount shall not be treated as being less than zero with respect to any fiscal year.''. (b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) The term `total spending limit' means the maximum permissible total spending of the Government set forth as a percentage of estimated potential GDP specified in section 251(c). ``(23) The term `potential GDP' means the gross domestic product that would occur if the economy were at full employment, not exceeding the employment level at which inflation would accelerate.''. (c) Conforming Amendments.--Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) is amended-- (1) in section 254 (2 U.S.C. 904)-- (A) in subsection (a), in the table, by inserting ``and spending reduction'' after ``sequestration'' each place it appears; (B) in subsection (c)-- (i) in the subsection heading, by inserting ``and Spending Reduction'' after ``Sequestration''; (ii) in paragraph (1), by striking ``discretionary, pay-as-you-go, and deficit sequestration'' and inserting ``pay-as-you-go and deficit sequestration and regarding spending reduction''; (iii) by striking paragraph (2) and inserting the following: ``(2) Spending reduction report.--The preview reports shall set forth for the budget year estimates for each of the following: ``(A) Estimated total spending. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c).''; (C) in subsection (e)-- (i) in the subsection heading, by inserting ``and Spending Reduction'' after ``Sequestration''; and (ii) by inserting ``and spending reduction'' after ``sequestration'' each place it appears; and (D) in subsection (f)-- (i) in the subsection heading, by inserting ``and Spending Reduction'' after ``Sequestration''; (ii) in paragraph (1), by inserting ``and spending reduction'' after ``sequestration''; (iii) by striking paragraph (2); (iv) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and (v) in paragraph (2), as so redesignated-- (I) in the heading, by inserting ``and spending reduction '' before `` reports''; (II) in the first sentence, by inserting ``spending reduction report'' after ``preview reports''; and (III) by striking the second sentence and inserting the following: ``In addition, these reports shall contain, for the budget year, for each account to be sequestered or subject to a spending reduction, as the case may be, estimates of the baseline level of sequestrable or reducible budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered or reduced and resulting outlay reductions.''; (vi) in paragraph (3), as so redesignated, by striking ``sequesterable'' and inserting ``sequestrable or reducible''; and (vii) in paragraph (4), as so redesignated-- (I) by inserting ``or spending reduction'' after ``final sequestration''; (II) by inserting ``or spending reduction'' before ``is required''; and (III) by inserting ``or spending reductions, as the case may be,'' after ``sequestrations''; (2) in section 257(a) (2 U.S.C. 907(a)), by inserting ``total spending,'' after ``outlays,''; and (3) in section 258C(a)(1) (2 U.S.C. 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. (d) Table of Contents.--The table of contents in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(a)) is amended by striking the item relating to section 251 and inserting the following: ``Sec. 251. Total spending limits.''. SEC. 3. ALLOCATION FOR EMERGENCIES. (a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. (b) Budget of the President.--Section 1105(a)(14) of title 31, United States Code, is amended by inserting ``, including an amount for emergency spending not less than 1 percent of all discretionary spending for that year'' before the period. SEC. 4. PRESIDENT'S BUDGET SUBMISSIONS TO CONGRESS. Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America's Prosperity Act of 2021. ``(2) Any budget transmitted pursuant to subsection (a) or paragraph (1) for a fiscal year shall include a prioritization of spending (as described in section 256(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985), by ranking all programs, projects, and activities of the Government in five categories from the-- ``(A) vital to the general welfare and requires national policy; ``(B) important to the general welfare and requires national policy; ``(C) important to the general welfare and benefits from national policy; ``(D) advances the general welfare and can largely be accomplished by non-Federal entities; and ``(E) does not clearly advance the general welfare and may be unsuited for national policy; with not less than 12 percent of total spending falling into any one category.''. SEC. 5. CONCURRENT RESOLUTIONS ON THE BUDGET. (a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (b) Conforming Amendment.--Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) are each amended by striking ``and 312(c)'' and inserting ``312(c), and 312(g)''. <all>

Maximizing America’s Prosperity Act of 2021

A bill to cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget.

Maximizing America’s Prosperity Act of 2021

Sen. Braun, Mike

R

IN

This bill establishes annual spending limits that are equal to specified percentages of potential gross domestic product (GDP). Potential GDP generally refers to the GDP that would occur if the economy were at full employment without inflation. The spending limits apply to all budget authority and outlays of the federal government excluding net interest. The bill establishes procedures for enforcing the spending limits, including requirements for sequestration (i.e., automatic spending cuts) and for the President's budget and congressional budget resolutions to comply with the limits. The bill also requires at least 1% of total discretionary spending for each year to be reserved for emergencies.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This title may be cited as the ``Maximizing America's Prosperity Act of 2021''. 2. TOTAL SPENDING LIMITS. ``(3) Inclusion in spending reduction orders.--Reports prepared pursuant to this subsection shall be included in a spending reduction order issued under subsection (b). ``(3) Limitation on reduction.--No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. ``(4) Fiscal year 2025: 18.4 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. Such amount shall not be treated as being less than zero with respect to any fiscal year.''. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(23) The term `potential GDP' means the gross domestic product that would occur if the economy were at full employment, not exceeding the employment level at which inflation would accelerate.''. is amended-- (1) in section 254 (2 U.S.C. ''; (vi) in paragraph (3), as so redesignated, by striking ``sequesterable'' and inserting ``sequestrable or reducible''; and (vii) in paragraph (4), as so redesignated-- (I) by inserting ``or spending reduction'' after ``final sequestration''; (II) by inserting ``or spending reduction'' before ``is required''; and (III) by inserting ``or spending reductions, as the case may be,'' after ``sequestrations''; (2) in section 257(a) (2 U.S.C. (d) Table of Contents.--The table of contents in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 251. 3. ALLOCATION FOR EMERGENCIES. PRESIDENT'S BUDGET SUBMISSIONS TO CONGRESS. ``(2) Any budget transmitted pursuant to subsection (a) or paragraph (1) for a fiscal year shall include a prioritization of spending (as described in section 256(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985), by ranking all programs, projects, and activities of the Government in five categories from the-- ``(A) vital to the general welfare and requires national policy; ``(B) important to the general welfare and requires national policy; ``(C) important to the general welfare and benefits from national policy; ``(D) advances the general welfare and can largely be accomplished by non-Federal entities; and ``(E) does not clearly advance the general welfare and may be unsuited for national policy; with not less than 12 percent of total spending falling into any one category.''. SEC. 5. CONCURRENT RESOLUTIONS ON THE BUDGET. (a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This title may be cited as the ``Maximizing America's Prosperity Act of 2021''. 2. TOTAL SPENDING LIMITS. ``(3) Inclusion in spending reduction orders.--Reports prepared pursuant to this subsection shall be included in a spending reduction order issued under subsection (b). ``(3) Limitation on reduction.--No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. ``(4) Fiscal year 2025: 18.4 percent of potential GDP. Such amount shall not be treated as being less than zero with respect to any fiscal year.''. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. is amended-- (1) in section 254 (2 U.S.C. ''; (vi) in paragraph (3), as so redesignated, by striking ``sequesterable'' and inserting ``sequestrable or reducible''; and (vii) in paragraph (4), as so redesignated-- (I) by inserting ``or spending reduction'' after ``final sequestration''; (II) by inserting ``or spending reduction'' before ``is required''; and (III) by inserting ``or spending reductions, as the case may be,'' after ``sequestrations''; (2) in section 257(a) (2 U.S.C. (d) Table of Contents.--The table of contents in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 251. 3. ALLOCATION FOR EMERGENCIES. PRESIDENT'S BUDGET SUBMISSIONS TO CONGRESS. SEC. 5. CONCURRENT RESOLUTIONS ON THE BUDGET. (a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This title may be cited as the ``Maximizing America's Prosperity Act of 2021''. 2. 901) is amended to read as follows: ``SEC. TOTAL SPENDING LIMITS. ``(2) CBO report.--CBO shall prepare a report comparing projected total spending under section 257 and the total spending limits in subsection (c), and include such report in the CBO annual baseline and reestimate of the President's budget. ``(3) Inclusion in spending reduction orders.--Reports prepared pursuant to this subsection shall be included in a spending reduction order issued under subsection (b). ``(3) Limitation on reduction.--No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. ``(4) Fiscal year 2025: 18.4 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. ``(d) Reduction for Unfunded Federal Mandates.--The amount determined under subsection (c) with respect to each fiscal year shall be reduced by an amount equal to the amount of the unfunded direct costs with respect to such fiscal year of Federal mandates (as such terms are defined in section 421 of the Congressional Budget Act of 1974 (2 U.S.C. Such amount shall not be treated as being less than zero with respect to any fiscal year.''. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(23) The term `potential GDP' means the gross domestic product that would occur if the economy were at full employment, not exceeding the employment level at which inflation would accelerate.''. 900 et seq.) is amended-- (1) in section 254 (2 U.S.C. ``(B) Estimate of potential GDP. ''; (vi) in paragraph (3), as so redesignated, by striking ``sequesterable'' and inserting ``sequestrable or reducible''; and (vii) in paragraph (4), as so redesignated-- (I) by inserting ``or spending reduction'' after ``final sequestration''; (II) by inserting ``or spending reduction'' before ``is required''; and (III) by inserting ``or spending reductions, as the case may be,'' after ``sequestrations''; (2) in section 257(a) (2 U.S.C. 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. (d) Table of Contents.--The table of contents in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 251. 3. ALLOCATION FOR EMERGENCIES. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. PRESIDENT'S BUDGET SUBMISSIONS TO CONGRESS. Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America's Prosperity Act of 2021. ``(2) Any budget transmitted pursuant to subsection (a) or paragraph (1) for a fiscal year shall include a prioritization of spending (as described in section 256(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985), by ranking all programs, projects, and activities of the Government in five categories from the-- ``(A) vital to the general welfare and requires national policy; ``(B) important to the general welfare and requires national policy; ``(C) important to the general welfare and benefits from national policy; ``(D) advances the general welfare and can largely be accomplished by non-Federal entities; and ``(E) does not clearly advance the general welfare and may be unsuited for national policy; with not less than 12 percent of total spending falling into any one category.''. SEC. 5. CONCURRENT RESOLUTIONS ON THE BUDGET. (a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This title may be cited as the ``Maximizing America's Prosperity Act of 2021''. 2. 901) is amended to read as follows: ``SEC. TOTAL SPENDING LIMITS. ``(2) CBO report.--CBO shall prepare a report comparing projected total spending under section 257 and the total spending limits in subsection (c), and include such report in the CBO annual baseline and reestimate of the President's budget. ``(3) Inclusion in spending reduction orders.--Reports prepared pursuant to this subsection shall be included in a spending reduction order issued under subsection (b). ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(2) Calculation of spending reduction.--Subject to paragraph (3), each non-exempt budget account shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to achieve the required automatic spending reduction. ``(3) Limitation on reduction.--No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. ``(4) Fiscal year 2025: 18.4 percent of potential GDP. ``(8) Fiscal year 2029: 17.9 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. ``(10) Fiscal year 2031 and subsequent fiscal years: 17.5 percent of potential GDP. ``(d) Reduction for Unfunded Federal Mandates.--The amount determined under subsection (c) with respect to each fiscal year shall be reduced by an amount equal to the amount of the unfunded direct costs with respect to such fiscal year of Federal mandates (as such terms are defined in section 421 of the Congressional Budget Act of 1974 (2 U.S.C. 658)) enacted after the date of the enactment of the Maximizing America's Prosperity Act of 2021. Such amount shall not be treated as being less than zero with respect to any fiscal year.''. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(23) The term `potential GDP' means the gross domestic product that would occur if the economy were at full employment, not exceeding the employment level at which inflation would accelerate.''. 900 et seq.) is amended-- (1) in section 254 (2 U.S.C. 904)-- (A) in subsection (a), in the table, by inserting ``and spending reduction'' after ``sequestration'' each place it appears; (B) in subsection (c)-- (i) in the subsection heading, by inserting ``and Spending Reduction'' after ``Sequestration''; (ii) in paragraph (1), by striking ``discretionary, pay-as-you-go, and deficit sequestration'' and inserting ``pay-as-you-go and deficit sequestration and regarding spending reduction''; (iii) by striking paragraph (2) and inserting the following: ``(2) Spending reduction report.--The preview reports shall set forth for the budget year estimates for each of the following: ``(A) Estimated total spending. ``(B) Estimate of potential GDP. ''; (vi) in paragraph (3), as so redesignated, by striking ``sequesterable'' and inserting ``sequestrable or reducible''; and (vii) in paragraph (4), as so redesignated-- (I) by inserting ``or spending reduction'' after ``final sequestration''; (II) by inserting ``or spending reduction'' before ``is required''; and (III) by inserting ``or spending reductions, as the case may be,'' after ``sequestrations''; (2) in section 257(a) (2 U.S.C. 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. (d) Table of Contents.--The table of contents in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 251. 3. ALLOCATION FOR EMERGENCIES. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. PRESIDENT'S BUDGET SUBMISSIONS TO CONGRESS. Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America's Prosperity Act of 2021. ``(2) Any budget transmitted pursuant to subsection (a) or paragraph (1) for a fiscal year shall include a prioritization of spending (as described in section 256(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985), by ranking all programs, projects, and activities of the Government in five categories from the-- ``(A) vital to the general welfare and requires national policy; ``(B) important to the general welfare and requires national policy; ``(C) important to the general welfare and benefits from national policy; ``(D) advances the general welfare and can largely be accomplished by non-Federal entities; and ``(E) does not clearly advance the general welfare and may be unsuited for national policy; with not less than 12 percent of total spending falling into any one category.''. SEC. 5. CONCURRENT RESOLUTIONS ON THE BUDGET. (a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. (b) Conforming Amendment.--Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) are each amended by striking ``and 312(c)'' and inserting ``312(c), and 312(g)''.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(2) Calculation of spending reduction.--Subject to paragraph (3), each non-exempt budget account shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to achieve the required automatic spending reduction. ``(3) Limitation on reduction.--No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. ``(6) Fiscal year 2027: 18.2 percent of potential GDP. ``(d) Reduction for Unfunded Federal Mandates.--The amount determined under subsection (c) with respect to each fiscal year shall be reduced by an amount equal to the amount of the unfunded direct costs with respect to such fiscal year of Federal mandates (as such terms are defined in section 421 of the Congressional Budget Act of 1974 (2 U.S.C. 658)) enacted after the date of the enactment of the Maximizing America's Prosperity Act of 2021. b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c). vi) in paragraph (3), as so redesignated, by striking ``sequesterable'' and inserting ``sequestrable or reducible''; and (vii) in paragraph (4), as so redesignated-- (I) by inserting ``or spending reduction'' after ``final sequestration''; (II) by inserting ``or spending reduction'' before ``is required''; and (III) by inserting ``or spending reductions, as the case may be,'' after ``sequestrations''; (2) in section 257(a) (2 U.S.C. 907(a)), by inserting ``total spending,'' after ``outlays,''; and (3) in section 258C(a)(1) (2 U.S.C. 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. ( a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America's Prosperity Act of 2021. a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. ( b) Conforming Amendment.--Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) are each amended by striking ``and 312(c)'' and inserting ``312(c), and 312(g)''.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. TOTAL SPENDING LIMITS. ( ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(3) Fiscal year 2024: 18.2 percent of potential GDP. ``(5) Fiscal year 2026: 18.4 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c). ''; ( 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. ( a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( CONCURRENT RESOLUTIONS ON THE BUDGET. ( b) Conforming Amendment.--Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) are each amended by striking ``and 312(c)'' and inserting ``312(c), and 312(g)''.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. TOTAL SPENDING LIMITS. ( ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(3) Fiscal year 2024: 18.2 percent of potential GDP. ``(5) Fiscal year 2026: 18.4 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c). ''; ( 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. ( a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( CONCURRENT RESOLUTIONS ON THE BUDGET. ( b) Conforming Amendment.--Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) are each amended by striking ``and 312(c)'' and inserting ``312(c), and 312(g)''.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(2) Calculation of spending reduction.--Subject to paragraph (3), each non-exempt budget account shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to achieve the required automatic spending reduction. ``(3) Limitation on reduction.--No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. ``(6) Fiscal year 2027: 18.2 percent of potential GDP. ``(d) Reduction for Unfunded Federal Mandates.--The amount determined under subsection (c) with respect to each fiscal year shall be reduced by an amount equal to the amount of the unfunded direct costs with respect to such fiscal year of Federal mandates (as such terms are defined in section 421 of the Congressional Budget Act of 1974 (2 U.S.C. 658)) enacted after the date of the enactment of the Maximizing America's Prosperity Act of 2021. b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c). vi) in paragraph (3), as so redesignated, by striking ``sequesterable'' and inserting ``sequestrable or reducible''; and (vii) in paragraph (4), as so redesignated-- (I) by inserting ``or spending reduction'' after ``final sequestration''; (II) by inserting ``or spending reduction'' before ``is required''; and (III) by inserting ``or spending reductions, as the case may be,'' after ``sequestrations''; (2) in section 257(a) (2 U.S.C. 907(a)), by inserting ``total spending,'' after ``outlays,''; and (3) in section 258C(a)(1) (2 U.S.C. 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. ( a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America's Prosperity Act of 2021. a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. ( b) Conforming Amendment.--Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) are each amended by striking ``and 312(c)'' and inserting ``312(c), and 312(g)''.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. TOTAL SPENDING LIMITS. ( ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(3) Fiscal year 2024: 18.2 percent of potential GDP. ``(5) Fiscal year 2026: 18.4 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c). ''; ( 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. ( a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( CONCURRENT RESOLUTIONS ON THE BUDGET. ( b) Conforming Amendment.--Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) are each amended by striking ``and 312(c)'' and inserting ``312(c), and 312(g)''.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(2) Calculation of spending reduction.--Subject to paragraph (3), each non-exempt budget account shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to achieve the required automatic spending reduction. ``(3) Limitation on reduction.--No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. ``(6) Fiscal year 2027: 18.2 percent of potential GDP. ``(d) Reduction for Unfunded Federal Mandates.--The amount determined under subsection (c) with respect to each fiscal year shall be reduced by an amount equal to the amount of the unfunded direct costs with respect to such fiscal year of Federal mandates (as such terms are defined in section 421 of the Congressional Budget Act of 1974 (2 U.S.C. 658)) enacted after the date of the enactment of the Maximizing America's Prosperity Act of 2021. b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c). vi) in paragraph (3), as so redesignated, by striking ``sequesterable'' and inserting ``sequestrable or reducible''; and (vii) in paragraph (4), as so redesignated-- (I) by inserting ``or spending reduction'' after ``final sequestration''; (II) by inserting ``or spending reduction'' before ``is required''; and (III) by inserting ``or spending reductions, as the case may be,'' after ``sequestrations''; (2) in section 257(a) (2 U.S.C. 907(a)), by inserting ``total spending,'' after ``outlays,''; and (3) in section 258C(a)(1) (2 U.S.C. 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. ( a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America's Prosperity Act of 2021. a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. ( b) Conforming Amendment.--Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) are each amended by striking ``and 312(c)'' and inserting ``312(c), and 312(g)''.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. TOTAL SPENDING LIMITS. ( ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(3) Fiscal year 2024: 18.2 percent of potential GDP. ``(5) Fiscal year 2026: 18.4 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c). ''; ( 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. ( a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( CONCURRENT RESOLUTIONS ON THE BUDGET. ( b) Conforming Amendment.--Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) are each amended by striking ``and 312(c)'' and inserting ``312(c), and 312(g)''.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America's Prosperity Act of 2021. a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. TOTAL SPENDING LIMITS. ( ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). ``(3) Fiscal year 2024: 18.2 percent of potential GDP. ``(5) Fiscal year 2026: 18.4 percent of potential GDP. ``(9) Fiscal year 2030: 17.7 percent of potential GDP. b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. ``(B) Estimate of potential GDP. ``(C) The spending reduction necessary to comply with the total spending limit under section 251(c). ''; ( 907d(a)(1))-- (A) by inserting ``or spending reduction'' after ``sequestration'' each place the term appears; and (B) by striking ``252 or 253'' and inserting ``251, 252, or 253''. ( a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( CONCURRENT RESOLUTIONS ON THE BUDGET. ( b) Conforming Amendment.--Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) are each amended by striking ``and 312(c)'' and inserting ``312(c), and 312(g)''.

To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget. ``(b) Spending Reduction Order.-- ``(1) In general.--Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). 900(c)) is amended by adding at the end the following: ``(22)(A) The term `total spending' means all budget authority and outlays of the Government excluding net interest. a) In General.--Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose.''. ( Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i)(1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America's Prosperity Act of 2021. a) In General.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following new subsection: ``(g) Statutory Cap on Total Federal Spending Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (

Maximizing America's Prosperity Act of 2021 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to: (1) revise the total spending limits for each fiscal year; (2) require the Office of Management and Budget (OMB) to prepare a report comparing projected total spending under such Act and the total limits in the President's budget; and (3 Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to: (1) provide for the allocation of new budget authority and outlays to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget; and (2) require the President to include an amount for emergency spending not less than one percent of all discretionary spending before the period of sequestration.

H.R.5183

Taxation

Low-Income Housing Renewable Energy Credit Act This bill increases the rate of the energy tax credit for solar facilities placed in low-income communities.

To amend the Internal Revenue Code of 1986 to provide for an increase in energy credit for solar facilities placed in service with 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 ``Low-Income Housing Renewable Energy Credit Act''. SEC. 2. INCREASE IN ENERGY CREDIT FOR SOLAR FACILITIES PLACED IN SERVICE IN CONNECTION WITH LOW-INCOME COMMUNITIES. (a) In General.--Section 48 is amended by adding at the end the following new subsection: ``(e) Special Rules for Certain Solar Facilities Placed in Service in Connection With Low-Income Communities.-- ``(1) In general.--In the case of any qualified solar facility with respect to which the Secretary makes an allocation of environmental justice solar capacity limitation under paragraph (4)-- ``(A) equipment described in paragraph (3)(B) shall be treated for purposes of this section as energy property described in subsection (a)(2)(A)(i), ``(B) the energy percentage otherwise determined under subsection (a)(2) with respect to any eligible property which is part of such facility shall be increased by-- ``(i) in the case of a facility described in subclause (I) of paragraph (2)(A)(iii) and not described in subclause (II) of such paragraph, 10 percentage points, and ``(ii) in the case of a facility described in subclause (II) of paragraph (2)(A)(iii) and not described in subclause (I) of such paragraph, 20 percentage points, and ``(C) the increase in the credit determined under subsection (a) by reason of this subsection for any taxable year with respect to all property which is part of such facility shall not exceed the amount which bears the same ratio to the amount of such increase (determined without regard to this subparagraph) as-- ``(i) the environmental justice solar capacity limitation allocated to such facility, bears to ``(ii) the total megawatt nameplate capacity of such facility. ``(2) Qualified solar facility.--For purposes of this subsection-- ``(A) In general.--The term `qualified solar facility' means any facility-- ``(i) which generates electricity solely from property described in subsection (a)(3)(A)(i), ``(ii) which has a nameplate capacity of 5 megawatts or less, and ``(iii) which-- ``(I) is located in a low-income community (as defined in section 45D(e)), or ``(II) is part of a qualified low- income residential building project or a qualified low-income economic benefit project. ``(B) Qualified low-income residential building project.--A facility shall be treated as part of a qualified low-income residential building project if-- ``(i) such facility is installed on a residential rental building which participates in a covered housing program (as defined in section 41411(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12491(a)(3))), a Housing Development Fund Corporation cooperative under Article XI of the New York State Private Housing Finance Law, a housing assistance program administered by the U.S. Department of Agriculture under title V of the Housing Act of 1949, or such other affordable housing programs as the Secretary may provide, and ``(ii) the financial benefits of the electricity produced by such facility are allocated equitably among the occupants of the dwelling units of such building. ``(C) Qualified low-income economic benefit project.--A facility shall be treated as part of a qualified low-income economic benefit project if at least 50 percent of the financial benefits of the electricity produced by such facility are provided to households with income of-- ``(i) less than 200 percent of the poverty line applicable to a family of the size involved, or ``(ii) less than 70 percent of area median gross income (as determined under section 142(d)(2)(B)). ``(D) Financial benefit.--For purposes of subparagraphs (B) and (C), electricity acquired at a below-market rate shall not fail to be taken into account as a financial benefit. ``(3) Eligible property.-- ``(A) In general.--For purposes of this section, the term `eligible property' means-- ``(i) energy property which is described in subsection (a)(3)(A)(i), including any property that stores electricity which is installed in connection with such energy property, and ``(ii) the amount of any expenditures which are paid or incurred by the taxpayer for qualified interconnection property installed in connection with the installation of property described in subparagraph (A) to provide for the transmission or distribution of the electricity produced or stored by such property, and which are properly chargeable to the capital account of the taxpayer. ``(B) Definitions.--For purposes of subparagraph (A)-- ``(i) Qualified interconnection property.-- The term `qualified interconnection property' means, with respect to a qualified facility which is not a microgrid, any tangible property-- ``(I) which is part of an addition, modification, or upgrade to a transmission or distribution system which is required at or beyond the point at which the qualified facility interconnects to such transmission or distribution system in order to accommodate such interconnection, ``(II) either-- ``(aa) which is constructed, reconstructed, or erected by the taxpayer, or ``(bb) for which the cost with respect to the construction, reconstruction, or erection of such property is paid or incurred by such taxpayer, and ``(III) the original use of which, pursuant to an interconnection agreement, commences with the utility. ``(ii) Interconnection agreement.--The term `interconnection agreement' means an agreement entered into by a utility and the taxpayer for the purposes of interconnecting the qualified facility owned by such taxpayer to the transmission or distribution system of such utility. ``(iii) Utility.--The term `utility' means the owner or operator of an electrical transmission or distribution system which is subject to the regulatory authority of-- ``(I) the Federal Energy Regulatory Commission, or ``(II) a State public utility commission or other appropriate State agency. ``(C) Special rule for interconnection property.-- In the case of expenses paid or incurred for interconnection property, amounts otherwise chargeable to capital account with respect to such expenses shall be reduced under rules similar to the rules of section 50(c). ``(4) Allocations.-- ``(A) In general.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish a program to allocate amounts of environmental justice solar capacity limitation to qualified solar facilities. ``(B) Limitation.--The amount of environmental justice solar capacity limitation allocated by the Secretary under subparagraph (A) during any calendar year shall not exceed the annual capacity limitation with respect to such year. ``(C) Annual capacity limitation.--For purposes of this paragraph, the term `annual capacity limitation' means 1.8 gigawatts for each of calendar years 2022 through 2031, and zero thereafter. ``(D) Carryover of unused limitation.--If the annual capacity limitation for any calendar year exceeds the aggregate amount allocated for such year under this paragraph, such limitation for the succeeding calendar year shall be increased by the amount of such excess. No amount may be carried under the preceding sentence to any calendar year after 2033. ``(E) Placed in service deadline.-- ``(i) In general.--Paragraph (1) shall not apply with respect to any property which is placed in service after the date that is 4 years after the date of the allocation with respect to the facility of which such property is a part. ``(ii) Application of carryover.--Any amount of environmental justice solar capacity limitation which expires under clause (i) during any calendar year shall be taken into account as an excess described in subparagraph (C) (or as an increase in such excess) for such calendar, subject to the limitation imposed by the last sentence of such subparagraph. ``(F) Selection criteria.--In determining to which qualified solar facilities to allocate environmental justice solar capacity limitation under this paragraph, the Secretary shall take into consideration which facilities will result in-- ``(i) the greatest health and economic benefits for individuals described in section 45D(e)(2), ``(ii) the greatest employment and wages for such individuals, and ``(iii) the greatest engagement with, outreach to, or ownership by, such individuals, including through partnerships with local governments and community-based organizations. ``(G) Disclosure of allocations.--The Secretary shall, upon making an allocation of environmental justice solar capacity limitation under this paragraph, publicly disclose the identity of the applicant and the amount of the environmental justice solar capacity limitation allocated to such applicant. ``(5) Recapture.--The Secretary shall, by regulations or other guidance, provide for recapturing the benefit of any increase in the credit allowed under subsection (a) by reason of this subsection with respect to any property which ceases to be property eligible for such increase (but which does not cease to be investment credit property within the meaning of section 50(a)). The period and percentage of such recapture shall be determined under rules similar to the rules of section 50(a). Such recapture shall not apply with respect to any property if, within 12 months after the date the taxpayer becomes aware (or reasonably should have become aware) of the such property ceasing to be property eligible for such increase, the eligibility of such property for such increase is restored. The preceding sentence shall not apply more than once with respect to any facility.''. (b) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2021, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). <all>

Low-Income Housing Renewable Energy Credit Act

To amend the Internal Revenue Code of 1986 to provide for an increase in energy credit for solar facilities placed in service with low-income communities, and for other purposes.

Low-Income Housing Renewable Energy Credit Act

Rep. Davis, Danny K.

D

IL

This bill increases the rate of the energy tax credit for solar facilities placed in low-income communities.

To amend the Internal Revenue Code of 1986 to provide for an increase in energy credit for solar facilities placed in service with 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 ``Low-Income Housing Renewable Energy Credit Act''. SEC. 2. ``(B) Qualified low-income residential building project.--A facility shall be treated as part of a qualified low-income residential building project if-- ``(i) such facility is installed on a residential rental building which participates in a covered housing program (as defined in section 41411(a) of the Violence Against Women Act of 1994 (34 U.S.C. ``(D) Financial benefit.--For purposes of subparagraphs (B) and (C), electricity acquired at a below-market rate shall not fail to be taken into account as a financial benefit. ``(3) Eligible property.-- ``(A) In general.--For purposes of this section, the term `eligible property' means-- ``(i) energy property which is described in subsection (a)(3)(A)(i), including any property that stores electricity which is installed in connection with such energy property, and ``(ii) the amount of any expenditures which are paid or incurred by the taxpayer for qualified interconnection property installed in connection with the installation of property described in subparagraph (A) to provide for the transmission or distribution of the electricity produced or stored by such property, and which are properly chargeable to the capital account of the taxpayer. ``(iii) Utility.--The term `utility' means the owner or operator of an electrical transmission or distribution system which is subject to the regulatory authority of-- ``(I) the Federal Energy Regulatory Commission, or ``(II) a State public utility commission or other appropriate State agency. ``(B) Limitation.--The amount of environmental justice solar capacity limitation allocated by the Secretary under subparagraph (A) during any calendar year shall not exceed the annual capacity limitation with respect to such year. ``(E) Placed in service deadline.-- ``(i) In general.--Paragraph (1) shall not apply with respect to any property which is placed in service after the date that is 4 years after the date of the allocation with respect to the facility of which such property is a part. ``(F) Selection criteria.--In determining to which qualified solar facilities to allocate environmental justice solar capacity limitation under this paragraph, the Secretary shall take into consideration which facilities will result in-- ``(i) the greatest health and economic benefits for individuals described in section 45D(e)(2), ``(ii) the greatest employment and wages for such individuals, and ``(iii) the greatest engagement with, outreach to, or ownership by, such individuals, including through partnerships with local governments and community-based organizations. The period and percentage of such recapture shall be determined under rules similar to the rules of section 50(a). The preceding sentence shall not apply more than once with respect to any facility.''.

SHORT TITLE. This Act may be cited as the ``Low-Income Housing Renewable Energy Credit Act''. 2. ``(B) Qualified low-income residential building project.--A facility shall be treated as part of a qualified low-income residential building project if-- ``(i) such facility is installed on a residential rental building which participates in a covered housing program (as defined in section 41411(a) of the Violence Against Women Act of 1994 (34 U.S.C. ``(D) Financial benefit.--For purposes of subparagraphs (B) and (C), electricity acquired at a below-market rate shall not fail to be taken into account as a financial benefit. ``(3) Eligible property.-- ``(A) In general.--For purposes of this section, the term `eligible property' means-- ``(i) energy property which is described in subsection (a)(3)(A)(i), including any property that stores electricity which is installed in connection with such energy property, and ``(ii) the amount of any expenditures which are paid or incurred by the taxpayer for qualified interconnection property installed in connection with the installation of property described in subparagraph (A) to provide for the transmission or distribution of the electricity produced or stored by such property, and which are properly chargeable to the capital account of the taxpayer. ``(iii) Utility.--The term `utility' means the owner or operator of an electrical transmission or distribution system which is subject to the regulatory authority of-- ``(I) the Federal Energy Regulatory Commission, or ``(II) a State public utility commission or other appropriate State agency. ``(B) Limitation.--The amount of environmental justice solar capacity limitation allocated by the Secretary under subparagraph (A) during any calendar year shall not exceed the annual capacity limitation with respect to such year. ``(E) Placed in service deadline.-- ``(i) In general.--Paragraph (1) shall not apply with respect to any property which is placed in service after the date that is 4 years after the date of the allocation with respect to the facility of which such property is a part. The period and percentage of such recapture shall be determined under rules similar to the rules of section 50(a). The preceding sentence shall not apply more than once with respect to any facility.''.

To amend the Internal Revenue Code of 1986 to provide for an increase in energy credit for solar facilities placed in service with 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 ``Low-Income Housing Renewable Energy Credit Act''. SEC. 2. ``(B) Qualified low-income residential building project.--A facility shall be treated as part of a qualified low-income residential building project if-- ``(i) such facility is installed on a residential rental building which participates in a covered housing program (as defined in section 41411(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12491(a)(3))), a Housing Development Fund Corporation cooperative under Article XI of the New York State Private Housing Finance Law, a housing assistance program administered by the U.S. Department of Agriculture under title V of the Housing Act of 1949, or such other affordable housing programs as the Secretary may provide, and ``(ii) the financial benefits of the electricity produced by such facility are allocated equitably among the occupants of the dwelling units of such building. ``(C) Qualified low-income economic benefit project.--A facility shall be treated as part of a qualified low-income economic benefit project if at least 50 percent of the financial benefits of the electricity produced by such facility are provided to households with income of-- ``(i) less than 200 percent of the poverty line applicable to a family of the size involved, or ``(ii) less than 70 percent of area median gross income (as determined under section 142(d)(2)(B)). ``(D) Financial benefit.--For purposes of subparagraphs (B) and (C), electricity acquired at a below-market rate shall not fail to be taken into account as a financial benefit. ``(3) Eligible property.-- ``(A) In general.--For purposes of this section, the term `eligible property' means-- ``(i) energy property which is described in subsection (a)(3)(A)(i), including any property that stores electricity which is installed in connection with such energy property, and ``(ii) the amount of any expenditures which are paid or incurred by the taxpayer for qualified interconnection property installed in connection with the installation of property described in subparagraph (A) to provide for the transmission or distribution of the electricity produced or stored by such property, and which are properly chargeable to the capital account of the taxpayer. ``(ii) Interconnection agreement.--The term `interconnection agreement' means an agreement entered into by a utility and the taxpayer for the purposes of interconnecting the qualified facility owned by such taxpayer to the transmission or distribution system of such utility. ``(iii) Utility.--The term `utility' means the owner or operator of an electrical transmission or distribution system which is subject to the regulatory authority of-- ``(I) the Federal Energy Regulatory Commission, or ``(II) a State public utility commission or other appropriate State agency. ``(B) Limitation.--The amount of environmental justice solar capacity limitation allocated by the Secretary under subparagraph (A) during any calendar year shall not exceed the annual capacity limitation with respect to such year. ``(E) Placed in service deadline.-- ``(i) In general.--Paragraph (1) shall not apply with respect to any property which is placed in service after the date that is 4 years after the date of the allocation with respect to the facility of which such property is a part. ``(F) Selection criteria.--In determining to which qualified solar facilities to allocate environmental justice solar capacity limitation under this paragraph, the Secretary shall take into consideration which facilities will result in-- ``(i) the greatest health and economic benefits for individuals described in section 45D(e)(2), ``(ii) the greatest employment and wages for such individuals, and ``(iii) the greatest engagement with, outreach to, or ownership by, such individuals, including through partnerships with local governments and community-based organizations. The period and percentage of such recapture shall be determined under rules similar to the rules of section 50(a). Such recapture shall not apply with respect to any property if, within 12 months after the date the taxpayer becomes aware (or reasonably should have become aware) of the such property ceasing to be property eligible for such increase, the eligibility of such property for such increase is restored. The preceding sentence shall not apply more than once with respect to any facility.''.

To amend the Internal Revenue Code of 1986 to provide for an increase in energy credit for solar facilities placed in service with 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 ``Low-Income Housing Renewable Energy Credit Act''. SEC. 2. ``(B) Qualified low-income residential building project.--A facility shall be treated as part of a qualified low-income residential building project if-- ``(i) such facility is installed on a residential rental building which participates in a covered housing program (as defined in section 41411(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12491(a)(3))), a Housing Development Fund Corporation cooperative under Article XI of the New York State Private Housing Finance Law, a housing assistance program administered by the U.S. Department of Agriculture under title V of the Housing Act of 1949, or such other affordable housing programs as the Secretary may provide, and ``(ii) the financial benefits of the electricity produced by such facility are allocated equitably among the occupants of the dwelling units of such building. ``(C) Qualified low-income economic benefit project.--A facility shall be treated as part of a qualified low-income economic benefit project if at least 50 percent of the financial benefits of the electricity produced by such facility are provided to households with income of-- ``(i) less than 200 percent of the poverty line applicable to a family of the size involved, or ``(ii) less than 70 percent of area median gross income (as determined under section 142(d)(2)(B)). ``(D) Financial benefit.--For purposes of subparagraphs (B) and (C), electricity acquired at a below-market rate shall not fail to be taken into account as a financial benefit. ``(3) Eligible property.-- ``(A) In general.--For purposes of this section, the term `eligible property' means-- ``(i) energy property which is described in subsection (a)(3)(A)(i), including any property that stores electricity which is installed in connection with such energy property, and ``(ii) the amount of any expenditures which are paid or incurred by the taxpayer for qualified interconnection property installed in connection with the installation of property described in subparagraph (A) to provide for the transmission or distribution of the electricity produced or stored by such property, and which are properly chargeable to the capital account of the taxpayer. ``(ii) Interconnection agreement.--The term `interconnection agreement' means an agreement entered into by a utility and the taxpayer for the purposes of interconnecting the qualified facility owned by such taxpayer to the transmission or distribution system of such utility. ``(iii) Utility.--The term `utility' means the owner or operator of an electrical transmission or distribution system which is subject to the regulatory authority of-- ``(I) the Federal Energy Regulatory Commission, or ``(II) a State public utility commission or other appropriate State agency. ``(C) Special rule for interconnection property.-- In the case of expenses paid or incurred for interconnection property, amounts otherwise chargeable to capital account with respect to such expenses shall be reduced under rules similar to the rules of section 50(c). ``(B) Limitation.--The amount of environmental justice solar capacity limitation allocated by the Secretary under subparagraph (A) during any calendar year shall not exceed the annual capacity limitation with respect to such year. ``(D) Carryover of unused limitation.--If the annual capacity limitation for any calendar year exceeds the aggregate amount allocated for such year under this paragraph, such limitation for the succeeding calendar year shall be increased by the amount of such excess. ``(E) Placed in service deadline.-- ``(i) In general.--Paragraph (1) shall not apply with respect to any property which is placed in service after the date that is 4 years after the date of the allocation with respect to the facility of which such property is a part. ``(F) Selection criteria.--In determining to which qualified solar facilities to allocate environmental justice solar capacity limitation under this paragraph, the Secretary shall take into consideration which facilities will result in-- ``(i) the greatest health and economic benefits for individuals described in section 45D(e)(2), ``(ii) the greatest employment and wages for such individuals, and ``(iii) the greatest engagement with, outreach to, or ownership by, such individuals, including through partnerships with local governments and community-based organizations. ``(5) Recapture.--The Secretary shall, by regulations or other guidance, provide for recapturing the benefit of any increase in the credit allowed under subsection (a) by reason of this subsection with respect to any property which ceases to be property eligible for such increase (but which does not cease to be investment credit property within the meaning of section 50(a)). The period and percentage of such recapture shall be determined under rules similar to the rules of section 50(a). Such recapture shall not apply with respect to any property if, within 12 months after the date the taxpayer becomes aware (or reasonably should have become aware) of the such property ceasing to be property eligible for such increase, the eligibility of such property for such increase is restored. The preceding sentence shall not apply more than once with respect to any facility.''. (b) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2021, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

To amend the Internal Revenue Code of 1986 to provide for an increase in energy credit for solar facilities placed in service with low-income communities, and for other purposes. This Act may be cited as the ``Low-Income Housing Renewable Energy Credit Act''. ``(2) Qualified solar facility.--For purposes of this subsection-- ``(A) In general.--The term `qualified solar facility' means any facility-- ``(i) which generates electricity solely from property described in subsection (a)(3)(A)(i), ``(ii) which has a nameplate capacity of 5 megawatts or less, and ``(iii) which-- ``(I) is located in a low-income community (as defined in section 45D(e)), or ``(II) is part of a qualified low- income residential building project or a qualified low-income economic benefit project. ``(C) Qualified low-income economic benefit project.--A facility shall be treated as part of a qualified low-income economic benefit project if at least 50 percent of the financial benefits of the electricity produced by such facility are provided to households with income of-- ``(i) less than 200 percent of the poverty line applicable to a family of the size involved, or ``(ii) less than 70 percent of area median gross income (as determined under section 142(d)(2)(B)). ``(D) Financial benefit.--For purposes of subparagraphs (B) and (C), electricity acquired at a below-market rate shall not fail to be taken into account as a financial benefit. ``(ii) Interconnection agreement.--The term `interconnection agreement' means an agreement entered into by a utility and the taxpayer for the purposes of interconnecting the qualified facility owned by such taxpayer to the transmission or distribution system of such utility. ``(iii) Utility.--The term `utility' means the owner or operator of an electrical transmission or distribution system which is subject to the regulatory authority of-- ``(I) the Federal Energy Regulatory Commission, or ``(II) a State public utility commission or other appropriate State agency. ``(4) Allocations.-- ``(A) In general.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish a program to allocate amounts of environmental justice solar capacity limitation to qualified solar facilities. ``(D) Carryover of unused limitation.--If the annual capacity limitation for any calendar year exceeds the aggregate amount allocated for such year under this paragraph, such limitation for the succeeding calendar year shall be increased by the amount of such excess. ``(ii) Application of carryover.--Any amount of environmental justice solar capacity limitation which expires under clause (i) during any calendar year shall be taken into account as an excess described in subparagraph (C) (or as an increase in such excess) for such calendar, subject to the limitation imposed by the last sentence of such subparagraph. ``(5) Recapture.--The Secretary shall, by regulations or other guidance, provide for recapturing the benefit of any increase in the credit allowed under subsection (a) by reason of this subsection with respect to any property which ceases to be property eligible for such increase (but which does not cease to be investment credit property within the meaning of section 50(a)). The period and percentage of such recapture shall be determined under rules similar to the rules of section 50(a). Such recapture shall not apply with respect to any property if, within 12 months after the date the taxpayer becomes aware (or reasonably should have become aware) of the such property ceasing to be property eligible for such increase, the eligibility of such property for such increase is restored.

To amend the Internal Revenue Code of 1986 to provide for an increase in energy credit for solar facilities placed in service with low-income communities, and for other purposes. This Act may be cited as the ``Low-Income Housing Renewable Energy Credit Act''. ``(2) Qualified solar facility.--For purposes of this subsection-- ``(A) In general.--The term `qualified solar facility' means any facility-- ``(i) which generates electricity solely from property described in subsection (a)(3)(A)(i), ``(ii) which has a nameplate capacity of 5 megawatts or less, and ``(iii) which-- ``(I) is located in a low-income community (as defined in section 45D(e)), or ``(II) is part of a qualified low- income residential building project or a qualified low-income economic benefit project. ``(C) Qualified low-income economic benefit project.--A facility shall be treated as part of a qualified low-income economic benefit project if at least 50 percent of the financial benefits of the electricity produced by such facility are provided to households with income of-- ``(i) less than 200 percent of the poverty line applicable to a family of the size involved, or ``(ii) less than 70 percent of area median gross income (as determined under section 142(d)(2)(B)). ``(ii) Interconnection agreement.--The term `interconnection agreement' means an agreement entered into by a utility and the taxpayer for the purposes of interconnecting the qualified facility owned by such taxpayer to the transmission or distribution system of such utility. ``(iii) Utility.--The term `utility' means the owner or operator of an electrical transmission or distribution system which is subject to the regulatory authority of-- ``(I) the Federal Energy Regulatory Commission, or ``(II) a State public utility commission or other appropriate State agency. ``(4) Allocations.-- ``(A) In general.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish a program to allocate amounts of environmental justice solar capacity limitation to qualified solar facilities. ``(ii) Application of carryover.--Any amount of environmental justice solar capacity limitation which expires under clause (i) during any calendar year shall be taken into account as an excess described in subparagraph (C) (or as an increase in such excess) for such calendar, subject to the limitation imposed by the last sentence of such subparagraph. ``(G) Disclosure of allocations.--The Secretary shall, upon making an allocation of environmental justice solar capacity limitation under this paragraph, publicly disclose the identity of the applicant and the amount of the environmental justice solar capacity limitation allocated to such applicant. ``(5) Recapture.--The Secretary shall, by regulations or other guidance, provide for recapturing the benefit of any increase in the credit allowed under subsection (a) by reason of this subsection with respect to any property which ceases to be property eligible for such increase (but which does not cease to be investment credit property within the meaning of section 50(a)).

To amend the Internal Revenue Code of 1986 to provide for an increase in energy credit for solar facilities placed in service with low-income communities, and for other purposes. This Act may be cited as the ``Low-Income Housing Renewable Energy Credit Act''. ``(2) Qualified solar facility.--For purposes of this subsection-- ``(A) In general.--The term `qualified solar facility' means any facility-- ``(i) which generates electricity solely from property described in subsection (a)(3)(A)(i), ``(ii) which has a nameplate capacity of 5 megawatts or less, and ``(iii) which-- ``(I) is located in a low-income community (as defined in section 45D(e)), or ``(II) is part of a qualified low- income residential building project or a qualified low-income economic benefit project. ``(C) Qualified low-income economic benefit project.--A facility shall be treated as part of a qualified low-income economic benefit project if at least 50 percent of the financial benefits of the electricity produced by such facility are provided to households with income of-- ``(i) less than 200 percent of the poverty line applicable to a family of the size involved, or ``(ii) less than 70 percent of area median gross income (as determined under section 142(d)(2)(B)). ``(ii) Interconnection agreement.--The term `interconnection agreement' means an agreement entered into by a utility and the taxpayer for the purposes of interconnecting the qualified facility owned by such taxpayer to the transmission or distribution system of such utility. ``(iii) Utility.--The term `utility' means the owner or operator of an electrical transmission or distribution system which is subject to the regulatory authority of-- ``(I) the Federal Energy Regulatory Commission, or ``(II) a State public utility commission or other appropriate State agency. ``(4) Allocations.-- ``(A) In general.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish a program to allocate amounts of environmental justice solar capacity limitation to qualified solar facilities. ``(ii) Application of carryover.--Any amount of environmental justice solar capacity limitation which expires under clause (i) during any calendar year shall be taken into account as an excess described in subparagraph (C) (or as an increase in such excess) for such calendar, subject to the limitation imposed by the last sentence of such subparagraph. ``(G) Disclosure of allocations.--The Secretary shall, upon making an allocation of environmental justice solar capacity limitation under this paragraph, publicly disclose the identity of the applicant and the amount of the environmental justice solar capacity limitation allocated to such applicant. ``(5) Recapture.--The Secretary shall, by regulations or other guidance, provide for recapturing the benefit of any increase in the credit allowed under subsection (a) by reason of this subsection with respect to any property which ceases to be property eligible for such increase (but which does not cease to be investment credit property within the meaning of section 50(a)).

To amend the Internal Revenue Code of 1986 to provide for an increase in energy credit for solar facilities placed in service with low-income communities, and for other purposes. This Act may be cited as the ``Low-Income Housing Renewable Energy Credit Act''. ``(2) Qualified solar facility.--For purposes of this subsection-- ``(A) In general.--The term `qualified solar facility' means any facility-- ``(i) which generates electricity solely from property described in subsection (a)(3)(A)(i), ``(ii) which has a nameplate capacity of 5 megawatts or less, and ``(iii) which-- ``(I) is located in a low-income community (as defined in section 45D(e)), or ``(II) is part of a qualified low- income residential building project or a qualified low-income economic benefit project. ``(C) Qualified low-income economic benefit project.--A facility shall be treated as part of a qualified low-income economic benefit project if at least 50 percent of the financial benefits of the electricity produced by such facility are provided to households with income of-- ``(i) less than 200 percent of the poverty line applicable to a family of the size involved, or ``(ii) less than 70 percent of area median gross income (as determined under section 142(d)(2)(B)). ``(D) Financial benefit.--For purposes of subparagraphs (B) and (C), electricity acquired at a below-market rate shall not fail to be taken into account as a financial benefit. ``(ii) Interconnection agreement.--The term `interconnection agreement' means an agreement entered into by a utility and the taxpayer for the purposes of interconnecting the qualified facility owned by such taxpayer to the transmission or distribution system of such utility. ``(iii) Utility.--The term `utility' means the owner or operator of an electrical transmission or distribution system which is subject to the regulatory authority of-- ``(I) the Federal Energy Regulatory Commission, or ``(II) a State public utility commission or other appropriate State agency. ``(4) Allocations.-- ``(A) In general.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish a program to allocate amounts of environmental justice solar capacity limitation to qualified solar facilities. ``(D) Carryover of unused limitation.--If the annual capacity limitation for any calendar year exceeds the aggregate amount allocated for such year under this paragraph, such limitation for the succeeding calendar year shall be increased by the amount of such excess. ``(ii) Application of carryover.--Any amount of environmental justice solar capacity limitation which expires under clause (i) during any calendar year shall be taken into account as an excess described in subparagraph (C) (or as an increase in such excess) for such calendar, subject to the limitation imposed by the last sentence of such subparagraph. ``(5) Recapture.--The Secretary shall, by regulations or other guidance, provide for recapturing the benefit of any increase in the credit allowed under subsection (a) by reason of this subsection with respect to any property which ceases to be property eligible for such increase (but which does not cease to be investment credit property within the meaning of section 50(a)). The period and percentage of such recapture shall be determined under rules similar to the rules of section 50(a). Such recapture shall not apply with respect to any property if, within 12 months after the date the taxpayer becomes aware (or reasonably should have become aware) of the such property ceasing to be property eligible for such increase, the eligibility of such property for such increase is restored.

To amend the Internal Revenue Code of 1986 to provide for an increase in energy credit for solar facilities placed in service with low-income communities, and for other purposes. This Act may be cited as the ``Low-Income Housing Renewable Energy Credit Act''. ``(2) Qualified solar facility.--For purposes of this subsection-- ``(A) In general.--The term `qualified solar facility' means any facility-- ``(i) which generates electricity solely from property described in subsection (a)(3)(A)(i), ``(ii) which has a nameplate capacity of 5 megawatts or less, and ``(iii) which-- ``(I) is located in a low-income community (as defined in section 45D(e)), or ``(II) is part of a qualified low- income residential building project or a qualified low-income economic benefit project. ``(C) Qualified low-income economic benefit project.--A facility shall be treated as part of a qualified low-income economic benefit project if at least 50 percent of the financial benefits of the electricity produced by such facility are provided to households with income of-- ``(i) less than 200 percent of the poverty line applicable to a family of the size involved, or ``(ii) less than 70 percent of area median gross income (as determined under section 142(d)(2)(B)). ``(ii) Interconnection agreement.--The term `interconnection agreement' means an agreement entered into by a utility and the taxpayer for the purposes of interconnecting the qualified facility owned by such taxpayer to the transmission or distribution system of such utility. ``(iii) Utility.--The term `utility' means the owner or operator of an electrical transmission or distribution system which is subject to the regulatory authority of-- ``(I) the Federal Energy Regulatory Commission, or ``(II) a State public utility commission or other appropriate State agency. ``(4) Allocations.-- ``(A) In general.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish a program to allocate amounts of environmental justice solar capacity limitation to qualified solar facilities. ``(ii) Application of carryover.--Any amount of environmental justice solar capacity limitation which expires under clause (i) during any calendar year shall be taken into account as an excess described in subparagraph (C) (or as an increase in such excess) for such calendar, subject to the limitation imposed by the last sentence of such subparagraph. ``(G) Disclosure of allocations.--The Secretary shall, upon making an allocation of environmental justice solar capacity limitation under this paragraph, publicly disclose the identity of the applicant and the amount of the environmental justice solar capacity limitation allocated to such applicant. ``(5) Recapture.--The Secretary shall, by regulations or other guidance, provide for recapturing the benefit of any increase in the credit allowed under subsection (a) by reason of this subsection with respect to any property which ceases to be property eligible for such increase (but which does not cease to be investment credit property within the meaning of section 50(a)).

To amend the Internal Revenue Code of 1986 to provide for an increase in energy credit for solar facilities placed in service with low-income communities, and for other purposes. This Act may be cited as the ``Low-Income Housing Renewable Energy Credit Act''. ``(2) Qualified solar facility.--For purposes of this subsection-- ``(A) In general.--The term `qualified solar facility' means any facility-- ``(i) which generates electricity solely from property described in subsection (a)(3)(A)(i), ``(ii) which has a nameplate capacity of 5 megawatts or less, and ``(iii) which-- ``(I) is located in a low-income community (as defined in section 45D(e)), or ``(II) is part of a qualified low- income residential building project or a qualified low-income economic benefit project. ``(C) Qualified low-income economic benefit project.--A facility shall be treated as part of a qualified low-income economic benefit project if at least 50 percent of the financial benefits of the electricity produced by such facility are provided to households with income of-- ``(i) less than 200 percent of the poverty line applicable to a family of the size involved, or ``(ii) less than 70 percent of area median gross income (as determined under section 142(d)(2)(B)). ``(D) Financial benefit.--For purposes of subparagraphs (B) and (C), electricity acquired at a below-market rate shall not fail to be taken into account as a financial benefit. ``(ii) Interconnection agreement.--The term `interconnection agreement' means an agreement entered into by a utility and the taxpayer for the purposes of interconnecting the qualified facility owned by such taxpayer to the transmission or distribution system of such utility. ``(iii) Utility.--The term `utility' means the owner or operator of an electrical transmission or distribution system which is subject to the regulatory authority of-- ``(I) the Federal Energy Regulatory Commission, or ``(II) a State public utility commission or other appropriate State agency. ``(4) Allocations.-- ``(A) In general.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish a program to allocate amounts of environmental justice solar capacity limitation to qualified solar facilities. ``(D) Carryover of unused limitation.--If the annual capacity limitation for any calendar year exceeds the aggregate amount allocated for such year under this paragraph, such limitation for the succeeding calendar year shall be increased by the amount of such excess. ``(ii) Application of carryover.--Any amount of environmental justice solar capacity limitation which expires under clause (i) during any calendar year shall be taken into account as an excess described in subparagraph (C) (or as an increase in such excess) for such calendar, subject to the limitation imposed by the last sentence of such subparagraph. ``(5) Recapture.--The Secretary shall, by regulations or other guidance, provide for recapturing the benefit of any increase in the credit allowed under subsection (a) by reason of this subsection with respect to any property which ceases to be property eligible for such increase (but which does not cease to be investment credit property within the meaning of section 50(a)). The period and percentage of such recapture shall be determined under rules similar to the rules of section 50(a). Such recapture shall not apply with respect to any property if, within 12 months after the date the taxpayer becomes aware (or reasonably should have become aware) of the such property ceasing to be property eligible for such increase, the eligibility of such property for such increase is restored.

To amend the Internal Revenue Code of 1986 to provide for an increase in energy credit for solar facilities placed in service with low-income communities, and for other purposes. This Act may be cited as the ``Low-Income Housing Renewable Energy Credit Act''. ``(2) Qualified solar facility.--For purposes of this subsection-- ``(A) In general.--The term `qualified solar facility' means any facility-- ``(i) which generates electricity solely from property described in subsection (a)(3)(A)(i), ``(ii) which has a nameplate capacity of 5 megawatts or less, and ``(iii) which-- ``(I) is located in a low-income community (as defined in section 45D(e)), or ``(II) is part of a qualified low- income residential building project or a qualified low-income economic benefit project. ``(C) Qualified low-income economic benefit project.--A facility shall be treated as part of a qualified low-income economic benefit project if at least 50 percent of the financial benefits of the electricity produced by such facility are provided to households with income of-- ``(i) less than 200 percent of the poverty line applicable to a family of the size involved, or ``(ii) less than 70 percent of area median gross income (as determined under section 142(d)(2)(B)). ``(ii) Interconnection agreement.--The term `interconnection agreement' means an agreement entered into by a utility and the taxpayer for the purposes of interconnecting the qualified facility owned by such taxpayer to the transmission or distribution system of such utility. ``(iii) Utility.--The term `utility' means the owner or operator of an electrical transmission or distribution system which is subject to the regulatory authority of-- ``(I) the Federal Energy Regulatory Commission, or ``(II) a State public utility commission or other appropriate State agency. ``(4) Allocations.-- ``(A) In general.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish a program to allocate amounts of environmental justice solar capacity limitation to qualified solar facilities. ``(ii) Application of carryover.--Any amount of environmental justice solar capacity limitation which expires under clause (i) during any calendar year shall be taken into account as an excess described in subparagraph (C) (or as an increase in such excess) for such calendar, subject to the limitation imposed by the last sentence of such subparagraph. ``(G) Disclosure of allocations.--The Secretary shall, upon making an allocation of environmental justice solar capacity limitation under this paragraph, publicly disclose the identity of the applicant and the amount of the environmental justice solar capacity limitation allocated to such applicant. ``(5) Recapture.--The Secretary shall, by regulations or other guidance, provide for recapturing the benefit of any increase in the credit allowed under subsection (a) by reason of this subsection with respect to any property which ceases to be property eligible for such increase (but which does not cease to be investment credit property within the meaning of section 50(a)).

To amend the Internal Revenue Code of 1986 to provide for an increase in energy credit for solar facilities placed in service with low-income communities, and for other purposes. ``(C) Qualified low-income economic benefit project.--A facility shall be treated as part of a qualified low-income economic benefit project if at least 50 percent of the financial benefits of the electricity produced by such facility are provided to households with income of-- ``(i) less than 200 percent of the poverty line applicable to a family of the size involved, or ``(ii) less than 70 percent of area median gross income (as determined under section 142(d)(2)(B)). ``(ii) Interconnection agreement.--The term `interconnection agreement' means an agreement entered into by a utility and the taxpayer for the purposes of interconnecting the qualified facility owned by such taxpayer to the transmission or distribution system of such utility. ``(ii) Application of carryover.--Any amount of environmental justice solar capacity limitation which expires under clause (i) during any calendar year shall be taken into account as an excess described in subparagraph (C) (or as an increase in such excess) for such calendar, subject to the limitation imposed by the last sentence of such subparagraph. ``(5) Recapture.--The Secretary shall, by regulations or other guidance, provide for recapturing the benefit of any increase in the credit allowed under subsection (a) by reason of this subsection with respect to any property which ceases to be property eligible for such increase (but which does not cease to be investment credit property within the meaning of section 50(a)). The period and percentage of such recapture shall be determined under rules similar to the rules of section 50(a).

To amend the Internal Revenue Code of 1986 to provide for an increase in energy credit for solar facilities placed in service with low-income communities, and for other purposes. ``(4) Allocations.-- ``(A) In general.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish a program to allocate amounts of environmental justice solar capacity limitation to qualified solar facilities. ``(ii) Application of carryover.--Any amount of environmental justice solar capacity limitation which expires under clause (i) during any calendar year shall be taken into account as an excess described in subparagraph (C) (or as an increase in such excess) for such calendar, subject to the limitation imposed by the last sentence of such subparagraph. ``(G) Disclosure of allocations.--The Secretary shall, upon making an allocation of environmental justice solar capacity limitation under this paragraph, publicly disclose the identity of the applicant and the amount of the environmental justice solar capacity limitation allocated to such applicant.

To amend the Internal Revenue Code of 1986 to provide for an increase in energy credit for solar facilities placed in service with low-income communities, and for other purposes. ``(C) Qualified low-income economic benefit project.--A facility shall be treated as part of a qualified low-income economic benefit project if at least 50 percent of the financial benefits of the electricity produced by such facility are provided to households with income of-- ``(i) less than 200 percent of the poverty line applicable to a family of the size involved, or ``(ii) less than 70 percent of area median gross income (as determined under section 142(d)(2)(B)). ``(ii) Interconnection agreement.--The term `interconnection agreement' means an agreement entered into by a utility and the taxpayer for the purposes of interconnecting the qualified facility owned by such taxpayer to the transmission or distribution system of such utility. ``(ii) Application of carryover.--Any amount of environmental justice solar capacity limitation which expires under clause (i) during any calendar year shall be taken into account as an excess described in subparagraph (C) (or as an increase in such excess) for such calendar, subject to the limitation imposed by the last sentence of such subparagraph. ``(5) Recapture.--The Secretary shall, by regulations or other guidance, provide for recapturing the benefit of any increase in the credit allowed under subsection (a) by reason of this subsection with respect to any property which ceases to be property eligible for such increase (but which does not cease to be investment credit property within the meaning of section 50(a)). The period and percentage of such recapture shall be determined under rules similar to the rules of section 50(a).

Low-Income Housing Renewable Energy Credit Act - Amends the Internal Revenue Code to provide for an increase in the energy tax credit for solar facilities placed in service with low-income communities, and for other purposes. (Currently, the credit is limited to energy produced solely from property with a nameplate capacity of five megawatts or less.) (Currently the credit does not apply to Directs the Secretary of the Treasury to establish a program to allocate amounts of environmental justice solar capacity limitation to qualified solar facilities. (Currently, the amount of such capacity limitation is limited to 1.8 gigawatts for each of calendar years 2022 through 2031, and zero thereafter.) Requires the Secretary to: (1) publicly disclose the identity of the applicant and the allocation amount; and

H.R.4652

Science, Technology, Communications

Training for Realtime Writers Act of 2021 This bill establishes a grant program to recruit, train, and place real-time writers for closed captioning of television programming. Specifically, the bill requires the Department of Education to award grants to court reporting programs that possess the most substantial capacity to train real-time writers for closed captioning English and Spanish video programming. Grant recipients shall use the funds to recruit, train and assist, and place real-time writers.

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Communications Act of 1934, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Training for Realtime Writers Act of 2021''. SEC. 2. FINDINGS. Congress makes the following findings: (1) As directed by Congress in section 713 of the Communications Act of 1934 (47 U.S.C. 613), as added by section 305 of the Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 126), the Federal Communications Commission began enforcing rules requiring full closed captioning of most English television programming on January 1, 2006. (2) The Federal Communications Commission rules also require that video programming be fully captioned in Spanish by 2010. (3) More than 37,500,000 Americans are considered deaf or hard of hearing, and many require captioning services to participate in mainstream activities. (4) The National Institute on Deafness and other Communication Disorders estimates that one in 3 Americans over the age of 60 has already experienced hearing loss. The 79,000,000 Americans who are identified as ``baby boomers'' represent 39 percent of the population of the United States and most baby boomers began to reach age 60 just in the last few years. (5) Closed captioning is a continuous source of emergency information for people in mass transit and other congregate settings. (6) Empirical research studies since 1988 demonstrate that captions improve the performance of individuals learning to read English. SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF REALTIME WRITERS. (a) In General.--The Secretary of Education shall make competitive grants to eligible entities under subsection (b) to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers in order to meet the requirements for closed captioning of video programming set forth in section 713 of the Communications Act of 1934 (47 U.S.C. 613) and the rules prescribed thereunder. (b) Eligible Entities.--For purposes of this Act, an eligible entity is a court reporting program that-- (1) can document and demonstrate to the Secretary of Education that it meets minimum standards of educational and financial accountability, with a curriculum capable of training realtime writers qualified to provide captioning services; (2) is accredited by an accrediting agency or association recognized by the Secretary of Education under section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b); and (3) is participating in programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). (c) Priority in Grants.--In determining whether to make grants under this section, the Secretary of Education shall give a priority to eligible entities that, as determined by the Secretary-- (1) possess the most substantial capability to increase their capacity to train realtime writers; (2) demonstrate the most promising collaboration with local educational institutions, businesses, labor organizations, or other community groups having the potential to train or provide job placement assistance to realtime writers; or (3) propose the most promising and innovative approaches for initiating or expanding training or job placement assistance efforts with respect to realtime writers. (d) Duration of Grant.--A grant under this section shall be for a period of 5 years. (e) Maximum Amount of Grant.--The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the 5-year period of the grant under subsection (d). SEC. 4. APPLICATION. (a) In General.--To receive a grant under section 3, an eligible entity shall submit an application to the Secretary of Education at such time and in such manner as the Secretary may require. The application shall contain the information set forth under subsection (b). (b) Information.--Information in the application of an eligible entity under subsection (a) for a grant under section 3 shall include the following: (1) A description of the training and assistance to be funded using the grant amount, including how such training and assistance will increase the number of realtime writers. (2) A description of performance measures to be utilized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention. (3) A description of the manner in which the eligible entity will ensure that recipients of scholarships, if any, funded by the grant will be employed and retained as realtime writers. (4) A description of the manner in which the eligible entity intends to continue providing the training and assistance to be funded by the grant after the end of the grant period, including any partnerships or arrangements established for that purpose. (5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. (6) Additional information, if any, of the eligibility of the eligible entity for priority in the making of grants under section 3(c). (7) Such other information as the Secretary may require. SEC. 5. USE OF FUNDS. (a) In General.--An eligible entity receiving a grant under section 3 shall use the grant amount for purposes relating to the recruitment, training and assistance, and job placement of individuals, including individuals who have completed a court reporting training program, as realtime writers, including-- (1) recruitment; (2) subject to subsection (b), the provision of scholarships; (3) distance learning; (4) further developing and implementing both English and Spanish curriculum to more effectively train realtime writing skills, and education in the knowledge necessary for the delivery of high-quality closed captioning services; (5) mentoring students to ensure successful completion of the realtime writing training and provide assistance in job placement; (6) encouraging individuals with disabilities to pursue a career in realtime writing; and (7) the employment and payment of personnel for all such purposes. (b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.). (2) Agreement.--Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the school in which the recipient is enrolled to provide realtime writing services for a period of time appropriate (as determined by the Secretary of Education or the Secretary's designee) for the amount of the scholarship received. (3) Coursework and employment.--The Secretary of Education or the Secretary's designee shall establish requirements for coursework and employment for recipients of scholarships under subsection (a)(2), including requirements for repayment of scholarship amounts in the event of failure to meet such requirements for coursework and employment. Requirements for repayment of scholarship amounts shall take into account the effect of economic conditions on the capacity of scholarship recipients to find work as realtime writers. (c) Administrative Costs.--The recipient of a grant under section 3 may not use more than 5 percent of the grant amount to pay administrative costs associated with activities funded by the grant. The Secretary shall use not more than 5 percent of the amount available for grants under this Act in any fiscal year for administrative costs of the program. (d) Supplement Not Supplant.--Grants amounts under this Act shall supplement and not supplant other Federal or non-Federal funds of the grant recipient for purposes of promoting the training and placement of individuals as realtime writers. SEC. 6. REPORTS. (a) Annual Reports.--Each eligible entity receiving a grant under section 3 shall submit to the Secretary of Education, at the end of each year of the grant period, a report on the activities of such entity with respect to the use of grant amounts during such year. (b) Report Information.-- (1) In general.--Each report of an entity for a year under subsection (a) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers. The assessment shall utilize the performance measures submitted by the entity in the application for the grant under section 4(b). (2) Final report.--The final report of an entity on a grant under subsection (a) shall include a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. (c) Annual Review.--The Inspector General of the Department of Education shall conduct an annual review of the management, efficiency, and effectiveness of the grants made under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of Education to carry out this Act $10,000,000 for each of fiscal years 2022, 2023, 2024, 2025, and 2026. SEC. 8. SUNSET. This Act is repealed effective the last day of the fifth fiscal year in which funds are appropriated to carry out this Act. <all>

Training for Realtime Writers Act of 2021

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Communications Act of 1934, and for other purposes.

Training for Realtime Writers Act of 2021

Rep. Kind, Ron

D

WI

This bill establishes a grant program to recruit, train, and place real-time writers for closed captioning of television programming. Specifically, the bill requires the Department of Education to award grants to court reporting programs that possess the most substantial capacity to train real-time writers for closed captioning English and Spanish video programming. Grant recipients shall use the funds to recruit, train and assist, and place real-time writers.

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Communications Act of 1934, and for other purposes. This Act may be cited as the ``Training for Realtime Writers Act of 2021''. 2. FINDINGS. Congress makes the following findings: (1) As directed by Congress in section 713 of the Communications Act of 1934 (47 U.S.C. 613), as added by section 305 of the Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. (2) The Federal Communications Commission rules also require that video programming be fully captioned in Spanish by 2010. (3) More than 37,500,000 Americans are considered deaf or hard of hearing, and many require captioning services to participate in mainstream activities. The 79,000,000 Americans who are identified as ``baby boomers'' represent 39 percent of the population of the United States and most baby boomers began to reach age 60 just in the last few years. (6) Empirical research studies since 1988 demonstrate that captions improve the performance of individuals learning to read English. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF REALTIME WRITERS. 613) and the rules prescribed thereunder. 1070 et seq.). (d) Duration of Grant.--A grant under this section shall be for a period of 5 years. 4. APPLICATION. (3) A description of the manner in which the eligible entity will ensure that recipients of scholarships, if any, funded by the grant will be employed and retained as realtime writers. (5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. (7) Such other information as the Secretary may require. USE OF FUNDS. (b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. (3) Coursework and employment.--The Secretary of Education or the Secretary's designee shall establish requirements for coursework and employment for recipients of scholarships under subsection (a)(2), including requirements for repayment of scholarship amounts in the event of failure to meet such requirements for coursework and employment. 6. REPORTS. (c) Annual Review.--The Inspector General of the Department of Education shall conduct an annual review of the management, efficiency, and effectiveness of the grants made under this Act. SEC. 8. SUNSET. This Act is repealed effective the last day of the fifth fiscal year in which funds are appropriated to carry out this Act.

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Communications Act of 1934, and for other purposes. This Act may be cited as the ``Training for Realtime Writers Act of 2021''. 2. FINDINGS. (2) The Federal Communications Commission rules also require that video programming be fully captioned in Spanish by 2010. (3) More than 37,500,000 Americans are considered deaf or hard of hearing, and many require captioning services to participate in mainstream activities. The 79,000,000 Americans who are identified as ``baby boomers'' represent 39 percent of the population of the United States and most baby boomers began to reach age 60 just in the last few years. (6) Empirical research studies since 1988 demonstrate that captions improve the performance of individuals learning to read English. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF REALTIME WRITERS. 613) and the rules prescribed thereunder. 1070 et seq.). (d) Duration of Grant.--A grant under this section shall be for a period of 5 years. 4. APPLICATION. (3) A description of the manner in which the eligible entity will ensure that recipients of scholarships, if any, funded by the grant will be employed and retained as realtime writers. (7) Such other information as the Secretary may require. USE OF FUNDS. (b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. (3) Coursework and employment.--The Secretary of Education or the Secretary's designee shall establish requirements for coursework and employment for recipients of scholarships under subsection (a)(2), including requirements for repayment of scholarship amounts in the event of failure to meet such requirements for coursework and employment. 6. REPORTS. (c) Annual Review.--The Inspector General of the Department of Education shall conduct an annual review of the management, efficiency, and effectiveness of the grants made under this Act. SEC.

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Communications Act of 1934, and for other purposes. This Act may be cited as the ``Training for Realtime Writers Act of 2021''. 2. FINDINGS. Congress makes the following findings: (1) As directed by Congress in section 713 of the Communications Act of 1934 (47 U.S.C. 613), as added by section 305 of the Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. (2) The Federal Communications Commission rules also require that video programming be fully captioned in Spanish by 2010. (3) More than 37,500,000 Americans are considered deaf or hard of hearing, and many require captioning services to participate in mainstream activities. (4) The National Institute on Deafness and other Communication Disorders estimates that one in 3 Americans over the age of 60 has already experienced hearing loss. The 79,000,000 Americans who are identified as ``baby boomers'' represent 39 percent of the population of the United States and most baby boomers began to reach age 60 just in the last few years. (5) Closed captioning is a continuous source of emergency information for people in mass transit and other congregate settings. (6) Empirical research studies since 1988 demonstrate that captions improve the performance of individuals learning to read English. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF REALTIME WRITERS. 613) and the rules prescribed thereunder. 1070 et seq.). (c) Priority in Grants.--In determining whether to make grants under this section, the Secretary of Education shall give a priority to eligible entities that, as determined by the Secretary-- (1) possess the most substantial capability to increase their capacity to train realtime writers; (2) demonstrate the most promising collaboration with local educational institutions, businesses, labor organizations, or other community groups having the potential to train or provide job placement assistance to realtime writers; or (3) propose the most promising and innovative approaches for initiating or expanding training or job placement assistance efforts with respect to realtime writers. (d) Duration of Grant.--A grant under this section shall be for a period of 5 years. 4. APPLICATION. The application shall contain the information set forth under subsection (b). (2) A description of performance measures to be utilized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention. (3) A description of the manner in which the eligible entity will ensure that recipients of scholarships, if any, funded by the grant will be employed and retained as realtime writers. (5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. (7) Such other information as the Secretary may require. USE OF FUNDS. (b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. (3) Coursework and employment.--The Secretary of Education or the Secretary's designee shall establish requirements for coursework and employment for recipients of scholarships under subsection (a)(2), including requirements for repayment of scholarship amounts in the event of failure to meet such requirements for coursework and employment. (c) Administrative Costs.--The recipient of a grant under section 3 may not use more than 5 percent of the grant amount to pay administrative costs associated with activities funded by the grant. 6. REPORTS. (2) Final report.--The final report of an entity on a grant under subsection (a) shall include a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. (c) Annual Review.--The Inspector General of the Department of Education shall conduct an annual review of the management, efficiency, and effectiveness of the grants made under this Act. SEC. 8. SUNSET. This Act is repealed effective the last day of the fifth fiscal year in which funds are appropriated to carry out this Act.

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Communications Act of 1934, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Training for Realtime Writers Act of 2021''. 2. FINDINGS. Congress makes the following findings: (1) As directed by Congress in section 713 of the Communications Act of 1934 (47 U.S.C. 613), as added by section 305 of the Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 126), the Federal Communications Commission began enforcing rules requiring full closed captioning of most English television programming on January 1, 2006. (2) The Federal Communications Commission rules also require that video programming be fully captioned in Spanish by 2010. (3) More than 37,500,000 Americans are considered deaf or hard of hearing, and many require captioning services to participate in mainstream activities. (4) The National Institute on Deafness and other Communication Disorders estimates that one in 3 Americans over the age of 60 has already experienced hearing loss. The 79,000,000 Americans who are identified as ``baby boomers'' represent 39 percent of the population of the United States and most baby boomers began to reach age 60 just in the last few years. (5) Closed captioning is a continuous source of emergency information for people in mass transit and other congregate settings. (6) Empirical research studies since 1988 demonstrate that captions improve the performance of individuals learning to read English. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF REALTIME WRITERS. 613) and the rules prescribed thereunder. 1070 et seq.). (c) Priority in Grants.--In determining whether to make grants under this section, the Secretary of Education shall give a priority to eligible entities that, as determined by the Secretary-- (1) possess the most substantial capability to increase their capacity to train realtime writers; (2) demonstrate the most promising collaboration with local educational institutions, businesses, labor organizations, or other community groups having the potential to train or provide job placement assistance to realtime writers; or (3) propose the most promising and innovative approaches for initiating or expanding training or job placement assistance efforts with respect to realtime writers. (d) Duration of Grant.--A grant under this section shall be for a period of 5 years. 4. APPLICATION. The application shall contain the information set forth under subsection (b). (2) A description of performance measures to be utilized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention. (3) A description of the manner in which the eligible entity will ensure that recipients of scholarships, if any, funded by the grant will be employed and retained as realtime writers. (4) A description of the manner in which the eligible entity intends to continue providing the training and assistance to be funded by the grant after the end of the grant period, including any partnerships or arrangements established for that purpose. (5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. (7) Such other information as the Secretary may require. USE OF FUNDS. (b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. (2) Agreement.--Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the school in which the recipient is enrolled to provide realtime writing services for a period of time appropriate (as determined by the Secretary of Education or the Secretary's designee) for the amount of the scholarship received. (3) Coursework and employment.--The Secretary of Education or the Secretary's designee shall establish requirements for coursework and employment for recipients of scholarships under subsection (a)(2), including requirements for repayment of scholarship amounts in the event of failure to meet such requirements for coursework and employment. (c) Administrative Costs.--The recipient of a grant under section 3 may not use more than 5 percent of the grant amount to pay administrative costs associated with activities funded by the grant. (d) Supplement Not Supplant.--Grants amounts under this Act shall supplement and not supplant other Federal or non-Federal funds of the grant recipient for purposes of promoting the training and placement of individuals as realtime writers. 6. REPORTS. (2) Final report.--The final report of an entity on a grant under subsection (a) shall include a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. (c) Annual Review.--The Inspector General of the Department of Education shall conduct an annual review of the management, efficiency, and effectiveness of the grants made under this Act. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of Education to carry out this Act $10,000,000 for each of fiscal years 2022, 2023, 2024, 2025, and 2026. SEC. 8. SUNSET. This Act is repealed effective the last day of the fifth fiscal year in which funds are appropriated to carry out this Act.

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Communications Act of 1934, and for other purposes. 3) More than 37,500,000 Americans are considered deaf or hard of hearing, and many require captioning services to participate in mainstream activities. ( (5) Closed captioning is a continuous source of emergency information for people in mass transit and other congregate settings. ( a) In General.--The Secretary of Education shall make competitive grants to eligible entities under subsection (b) to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers in order to meet the requirements for closed captioning of video programming set forth in section 713 of the Communications Act of 1934 (47 U.S.C. 613) and the rules prescribed thereunder. ( d) Duration of Grant.--A grant under this section shall be for a period of 5 years. ( e) Maximum Amount of Grant.--The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the 5-year period of the grant under subsection (d). (2) A description of performance measures to be utilized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention. ( 5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. ( b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.). ( 2) Agreement.--Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the school in which the recipient is enrolled to provide realtime writing services for a period of time appropriate (as determined by the Secretary of Education or the Secretary's designee) for the amount of the scholarship received. (3) Coursework and employment.--The Secretary of Education or the Secretary's designee shall establish requirements for coursework and employment for recipients of scholarships under subsection (a)(2), including requirements for repayment of scholarship amounts in the event of failure to meet such requirements for coursework and employment. a) Annual Reports.--Each eligible entity receiving a grant under section 3 shall submit to the Secretary of Education, at the end of each year of the grant period, a report on the activities of such entity with respect to the use of grant amounts during such year. (b) Report Information.-- (1) In general.--Each report of an entity for a year under subsection (a) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers. 2) Final report.--The final report of an entity on a grant under subsection (a) shall include a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. (

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Communications Act of 1934, and for other purposes. 126), the Federal Communications Commission began enforcing rules requiring full closed captioning of most English television programming on January 1, 2006. ( 3) More than 37,500,000 Americans are considered deaf or hard of hearing, and many require captioning services to participate in mainstream activities. ( d) Duration of Grant.--A grant under this section shall be for a period of 5 years. ( e) Maximum Amount of Grant.--The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the 5-year period of the grant under subsection (d). (2) A description of performance measures to be utilized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention. ( 5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. ( (b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.). ( 2) Agreement.--Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the school in which the recipient is enrolled to provide realtime writing services for a period of time appropriate (as determined by the Secretary of Education or the Secretary's designee) for the amount of the scholarship received. ( (b) Report Information.-- (1) In general.--Each report of an entity for a year under subsection (a) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers. 2) Final report.--The final report of an entity on a grant under subsection (a) shall include a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. (

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Communications Act of 1934, and for other purposes. 126), the Federal Communications Commission began enforcing rules requiring full closed captioning of most English television programming on January 1, 2006. ( 3) More than 37,500,000 Americans are considered deaf or hard of hearing, and many require captioning services to participate in mainstream activities. ( d) Duration of Grant.--A grant under this section shall be for a period of 5 years. ( e) Maximum Amount of Grant.--The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the 5-year period of the grant under subsection (d). (2) A description of performance measures to be utilized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention. ( 5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. ( (b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.). ( 2) Agreement.--Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the school in which the recipient is enrolled to provide realtime writing services for a period of time appropriate (as determined by the Secretary of Education or the Secretary's designee) for the amount of the scholarship received. ( (b) Report Information.-- (1) In general.--Each report of an entity for a year under subsection (a) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers. 2) Final report.--The final report of an entity on a grant under subsection (a) shall include a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. (

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Communications Act of 1934, and for other purposes. 3) More than 37,500,000 Americans are considered deaf or hard of hearing, and many require captioning services to participate in mainstream activities. ( (5) Closed captioning is a continuous source of emergency information for people in mass transit and other congregate settings. ( a) In General.--The Secretary of Education shall make competitive grants to eligible entities under subsection (b) to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers in order to meet the requirements for closed captioning of video programming set forth in section 713 of the Communications Act of 1934 (47 U.S.C. 613) and the rules prescribed thereunder. ( d) Duration of Grant.--A grant under this section shall be for a period of 5 years. ( e) Maximum Amount of Grant.--The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the 5-year period of the grant under subsection (d). (2) A description of performance measures to be utilized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention. ( 5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. ( b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.). ( 2) Agreement.--Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the school in which the recipient is enrolled to provide realtime writing services for a period of time appropriate (as determined by the Secretary of Education or the Secretary's designee) for the amount of the scholarship received. (3) Coursework and employment.--The Secretary of Education or the Secretary's designee shall establish requirements for coursework and employment for recipients of scholarships under subsection (a)(2), including requirements for repayment of scholarship amounts in the event of failure to meet such requirements for coursework and employment. a) Annual Reports.--Each eligible entity receiving a grant under section 3 shall submit to the Secretary of Education, at the end of each year of the grant period, a report on the activities of such entity with respect to the use of grant amounts during such year. (b) Report Information.-- (1) In general.--Each report of an entity for a year under subsection (a) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers. 2) Final report.--The final report of an entity on a grant under subsection (a) shall include a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. (

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Communications Act of 1934, and for other purposes. 126), the Federal Communications Commission began enforcing rules requiring full closed captioning of most English television programming on January 1, 2006. ( 3) More than 37,500,000 Americans are considered deaf or hard of hearing, and many require captioning services to participate in mainstream activities. ( d) Duration of Grant.--A grant under this section shall be for a period of 5 years. ( e) Maximum Amount of Grant.--The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the 5-year period of the grant under subsection (d). (2) A description of performance measures to be utilized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention. ( 5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. ( (b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.). ( 2) Agreement.--Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the school in which the recipient is enrolled to provide realtime writing services for a period of time appropriate (as determined by the Secretary of Education or the Secretary's designee) for the amount of the scholarship received. ( (b) Report Information.-- (1) In general.--Each report of an entity for a year under subsection (a) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers. 2) Final report.--The final report of an entity on a grant under subsection (a) shall include a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. (

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Communications Act of 1934, and for other purposes. 3) More than 37,500,000 Americans are considered deaf or hard of hearing, and many require captioning services to participate in mainstream activities. ( (5) Closed captioning is a continuous source of emergency information for people in mass transit and other congregate settings. ( a) In General.--The Secretary of Education shall make competitive grants to eligible entities under subsection (b) to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers in order to meet the requirements for closed captioning of video programming set forth in section 713 of the Communications Act of 1934 (47 U.S.C. 613) and the rules prescribed thereunder. ( d) Duration of Grant.--A grant under this section shall be for a period of 5 years. ( e) Maximum Amount of Grant.--The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the 5-year period of the grant under subsection (d). (2) A description of performance measures to be utilized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention. ( 5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. ( b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.). ( 2) Agreement.--Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the school in which the recipient is enrolled to provide realtime writing services for a period of time appropriate (as determined by the Secretary of Education or the Secretary's designee) for the amount of the scholarship received. (3) Coursework and employment.--The Secretary of Education or the Secretary's designee shall establish requirements for coursework and employment for recipients of scholarships under subsection (a)(2), including requirements for repayment of scholarship amounts in the event of failure to meet such requirements for coursework and employment. a) Annual Reports.--Each eligible entity receiving a grant under section 3 shall submit to the Secretary of Education, at the end of each year of the grant period, a report on the activities of such entity with respect to the use of grant amounts during such year. (b) Report Information.-- (1) In general.--Each report of an entity for a year under subsection (a) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers. 2) Final report.--The final report of an entity on a grant under subsection (a) shall include a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. (

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Communications Act of 1934, and for other purposes. 126), the Federal Communications Commission began enforcing rules requiring full closed captioning of most English television programming on January 1, 2006. ( 3) More than 37,500,000 Americans are considered deaf or hard of hearing, and many require captioning services to participate in mainstream activities. ( d) Duration of Grant.--A grant under this section shall be for a period of 5 years. ( e) Maximum Amount of Grant.--The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the 5-year period of the grant under subsection (d). (2) A description of performance measures to be utilized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention. ( 5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. ( (b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.). ( 2) Agreement.--Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the school in which the recipient is enrolled to provide realtime writing services for a period of time appropriate (as determined by the Secretary of Education or the Secretary's designee) for the amount of the scholarship received. ( (b) Report Information.-- (1) In general.--Each report of an entity for a year under subsection (a) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers. 2) Final report.--The final report of an entity on a grant under subsection (a) shall include a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. (

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Communications Act of 1934, and for other purposes. e) Maximum Amount of Grant.--The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the 5-year period of the grant under subsection (d). ( ( 5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. ( 2) Agreement.--Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the school in which the recipient is enrolled to provide realtime writing services for a period of time appropriate (as determined by the Secretary of Education or the Secretary's designee) for the amount of the scholarship received. ( a) Annual Reports.--Each eligible entity receiving a grant under section 3 shall submit to the Secretary of Education, at the end of each year of the grant period, a report on the activities of such entity with respect to the use of grant amounts during such year. ( b) Report Information.-- (1) In general.--Each report of an entity for a year under subsection (a) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers.

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Communications Act of 1934, and for other purposes. b) Report Information.-- (1) In general.--Each report of an entity for a year under subsection (a) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers. 2) Final report.--The final report of an entity on a grant under subsection (a) shall include a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. (

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Communications Act of 1934, and for other purposes. e) Maximum Amount of Grant.--The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the 5-year period of the grant under subsection (d). ( ( 5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. ( 2) Agreement.--Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the school in which the recipient is enrolled to provide realtime writing services for a period of time appropriate (as determined by the Secretary of Education or the Secretary's designee) for the amount of the scholarship received. ( a) Annual Reports.--Each eligible entity receiving a grant under section 3 shall submit to the Secretary of Education, at the end of each year of the grant period, a report on the activities of such entity with respect to the use of grant amounts during such year. ( b) Report Information.-- (1) In general.--Each report of an entity for a year under subsection (a) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers.

Training for Realtime Writers Act of 2021 - Directs the Secretary of Education to make competitive grants to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers in order to meet the requirements for closed captioning of video programming under the Communications Act of 1934 and the rules prescribed under the Telecommunications Act of 1996. (Currently, Repeals this Act effective the last day of the fifth fiscal year in which funds are appropriated to carry out this Act. (Sec. 6) Authorizes appropriations for FY2022-FY2026 for the recruitment, training and assistance, and job placement of individuals, including individuals who have completed a court reporting training program, as realtime writers, including: (1) scholarships;

H.R.2761

Environmental Protection

Comprehensive National Mercury Monitoring Act This bill requires the Environmental Protection Agency (EPA) to establish a national mercury monitoring program. Under the program, the EPA must track and report on long-term changes of mercury concentrations in air, water, soil, and fish and wildlife. In addition, the EPA must establish an online database for mercury data.

To establish a national mercury monitoring 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 ``Comprehensive National Mercury Monitoring Act''. SEC. 2. FINDINGS. Congress finds that-- (1) mercury is a potent neurotoxin of significant ecological and public health concern; (2) it is estimated that approximately 200,000 children born each year in the United States are exposed to levels of mercury in the womb that are high enough to impair neurological development; (3) based on estimates from the Centers for Disease Control and Prevention, between 2000 and 2010, between 2 and 6 percent of women in the United States of childbearing age have exceeded blood mercury levels determined to be safe by the Environmental Protection Agency; (4) exposure to mercury occurs largely by the consumption of contaminated fish, but fish and shellfish are important sources of dietary protein and micronutrients, and a healthy fishing resource is important to the economy of the United States; (5) in many locations, the primary route for mercury input to aquatic ecosystems is atmospheric emissions, transport, and deposition; (6) existing broad-scale data sets are important but insufficient to track changes in mercury levels in the environment over time, test model predictions, and assess the impact of changing mercury emissions and deposition; and (7) a comprehensive national mercury monitoring network to accurately quantify regional and national changes in atmospheric mercury deposition, ecosystem contamination, and bioaccumulation of mercury in fish and wildlife in response to changes in mercury emissions would help policy makers, scientists, and the public to better understand the sources, consequences, and trends of mercury pollution in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Advisory committee.--The term ``Advisory Committee'' means the Mercury Monitoring Advisory Committee established under section 5(a). (3) Ancillary measure.--The term ``ancillary measure'' means a measure that is used to understand the impact and interpret results of measurements under the program. (4) Ecoregion.--The term ``ecoregion'' means a large area of land and water that contains a geographically distinct assemblage of natural communities, including similar land forms, climate, ecological processes, and vegetation. (5) Mercury export.--The term ``mercury export'' means mercury transport from a watershed to the corresponding body of water, or from 1 body of water to another body of water (such as from a lake to a river), generally expressed as-- (A) mass per unit of time; or (B) mass per unit of watershed or body of water area per unit of time. (6) Mercury flux.--The term ``mercury flux'' means the rate of transfer of mercury between ecosystem components (such as between water and air or land and air) or between portions of ecosystem components, expressed in terms of-- (A) mass per unit of time; or (B) mass per unit of area of land or water per unit of time. (7) Program.--The term ``program'' means the national mercury monitoring program established under section 4(a). (8) Surface sediment.--The term ``surface sediment'' means sediment in the uppermost 2 centimeters of a lakebed, riverbed, estuary, or coastal area. SEC. 4. MONITORING PROGRAM. (a) Establishment.-- (1) In general.--The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a national mercury monitoring program. (2) Purpose.--The purpose of the program is to track-- (A) long-term trends in atmospheric mercury concentrations and deposition; and (B) mercury levels in watersheds, surface water, and fish and wildlife in terrestrial, freshwater, coastal, and marine ecosystems in response to changing mercury emissions over time. (3) Monitoring sites.-- (A) In general.--In carrying out paragraph (1), not later than 1 year after the date of enactment of this Act and in coordination with the Advisory Committee, the Administrator shall select multiple monitoring sites representing multiple ecoregions and associated coastal waters of the United States. (B) Locations.--Locations of monitoring sites shall include-- (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) units of the National Estuarine Research Reserve System; and (iv) sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions. (C) Colocation.--Monitoring sites shall be colocated with sites from other long-term environmental monitoring programs, where practicable, including sites associated with the National Ecological Observatory Network, the Long Term Ecological Research Network, and the National Atmospheric Deposition Program. (D) Monitoring protocols.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish and publish standardized measurement protocols for the program. (4) International cooperation.--To the maximum extent practicable, the program shall be compatible with similar international efforts, including the Arctic Monitoring and Assessment Programme, the Global Earth Observation System of Systems, and the monitoring associated with the effectiveness evaluation of the Minamata Convention on Mercury, adopted October 10, 2013 (TIAS 17-816), which entered into force on August 16, 2017. (5) Data collection and distribution.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish-- (A) a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the internet; and (B) assurance and quality standards for the database under subparagraph (A). (b) Functions.-- (1) In general.--Under the program, the Administrator, in consultation with the appropriate Federal agencies and the Advisory Committee, shall at a minimum carry out monitoring described in paragraphs (2) through (4) at the locations selected under subsection (a)(3). (2) Air and watersheds.--The program, in association with the National Atmospheric Deposition Program, shall monitor long-term changes in mercury levels and important ancillary measures in the air, including-- (A) the measurement and recording of wet mercury deposition; (B) an estimation of-- (i) dry mercury deposition (such as litter mercury deposition); (ii) mercury flux; and (iii) mercury export; and (C) the measurement of mercury isotopes and ancillary measurements to fully understand the transport, cycling, and transformations of mercury through ecosystems. (3) Water and soil chemistry.--The program, in association with the WaterWatch Program established by the United States Geological Survey, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments, including-- (A) extraction and analysis of soil and sediment cores; (B) measurement and recording of total mercury and methyl mercury concentration in surface sediments; and (C) measurement and recording of total mercury and methyl mercury concentration in surface waters. (4) Aquatic and terrestrial organisms.--The program, in association with the United States Fish and Wildlife Service and the Inventory and Monitoring Division of the National Park Service, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in marine, freshwater, and terrestrial organisms, including-- (A) measurement and recording of total mercury and methyl mercury concentrations in-- (i) invertebrates; (ii) yearling or lower trophic level fish; and (iii) commercially, recreationally, or conservation relevant fish; and (B) measurement and recording of total mercury concentrations in-- (i) selected insect- and fish-eating birds; and (ii) selected insect- and fish-eating mammals. SEC. 5. ADVISORY COMMITTEE. (a) Establishment.--The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a scientific advisory committee, to be known as the ``Mercury Monitoring Advisory Committee'', to advise the Administrator and those Federal agencies on the establishment, site selection, measurement, recording protocols, and operation of the program. (b) Membership.--The Advisory Committee shall consist of scientists who are not employees of the Federal Government, including-- (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. SEC. 6. REPORTS AND PUBLIC DISCLOSURE. (a) Reports.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. (b) Assessment.--Not less frequently than once every 4 years, the report required under subsection (a) shall include an assessment of mercury deposition rates that need to be achieved in order to prevent adverse human and ecological effects. (c) Availability of Data.--The Administrator shall make all data obtained under this Act available to the public through a dedicated website and on written request. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $37,000,000 for fiscal year 2022; (2) $29,000,000 for fiscal year 2023; and (3) $29,000,000 for fiscal year 2024. <all>

Comprehensive National Mercury Monitoring Act

To establish a national mercury monitoring program, and for other purposes.

Comprehensive National Mercury Monitoring Act

Rep. Cartwright, Matt

D

PA

This bill requires the Environmental Protection Agency (EPA) to establish a national mercury monitoring program. Under the program, the EPA must track and report on long-term changes of mercury concentrations in air, water, soil, and fish and wildlife. In addition, the EPA must establish an online database for mercury data.

To establish a national mercury monitoring program, and for other purposes. 2. 3. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (5) Mercury export.--The term ``mercury export'' means mercury transport from a watershed to the corresponding body of water, or from 1 body of water to another body of water (such as from a lake to a river), generally expressed as-- (A) mass per unit of time; or (B) mass per unit of watershed or body of water area per unit of time. (8) Surface sediment.--The term ``surface sediment'' means sediment in the uppermost 2 centimeters of a lakebed, riverbed, estuary, or coastal area. 4. (a) Establishment.-- (1) In general.--The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a national mercury monitoring program. (C) Colocation.--Monitoring sites shall be colocated with sites from other long-term environmental monitoring programs, where practicable, including sites associated with the National Ecological Observatory Network, the Long Term Ecological Research Network, and the National Atmospheric Deposition Program. (2) Air and watersheds.--The program, in association with the National Atmospheric Deposition Program, shall monitor long-term changes in mercury levels and important ancillary measures in the air, including-- (A) the measurement and recording of wet mercury deposition; (B) an estimation of-- (i) dry mercury deposition (such as litter mercury deposition); (ii) mercury flux; and (iii) mercury export; and (C) the measurement of mercury isotopes and ancillary measurements to fully understand the transport, cycling, and transformations of mercury through ecosystems. 5. ADVISORY COMMITTEE. (b) Membership.--The Advisory Committee shall consist of scientists who are not employees of the Federal Government, including-- (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. 6. REPORTS AND PUBLIC DISCLOSURE. (a) Reports.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. SEC. 7. There are authorized to be appropriated to carry out this Act-- (1) $37,000,000 for fiscal year 2022; (2) $29,000,000 for fiscal year 2023; and (3) $29,000,000 for fiscal year 2024.

To establish a national mercury monitoring program, and for other purposes. 2. 3. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (5) Mercury export.--The term ``mercury export'' means mercury transport from a watershed to the corresponding body of water, or from 1 body of water to another body of water (such as from a lake to a river), generally expressed as-- (A) mass per unit of time; or (B) mass per unit of watershed or body of water area per unit of time. (8) Surface sediment.--The term ``surface sediment'' means sediment in the uppermost 2 centimeters of a lakebed, riverbed, estuary, or coastal area. 4. (a) Establishment.-- (1) In general.--The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a national mercury monitoring program. (C) Colocation.--Monitoring sites shall be colocated with sites from other long-term environmental monitoring programs, where practicable, including sites associated with the National Ecological Observatory Network, the Long Term Ecological Research Network, and the National Atmospheric Deposition Program. (2) Air and watersheds.--The program, in association with the National Atmospheric Deposition Program, shall monitor long-term changes in mercury levels and important ancillary measures in the air, including-- (A) the measurement and recording of wet mercury deposition; (B) an estimation of-- (i) dry mercury deposition (such as litter mercury deposition); (ii) mercury flux; and (iii) mercury export; and (C) the measurement of mercury isotopes and ancillary measurements to fully understand the transport, cycling, and transformations of mercury through ecosystems. 5. ADVISORY COMMITTEE. 6. REPORTS AND PUBLIC DISCLOSURE. SEC. 7. There are authorized to be appropriated to carry out this Act-- (1) $37,000,000 for fiscal year 2022; (2) $29,000,000 for fiscal year 2023; and (3) $29,000,000 for fiscal year 2024.

To establish a national mercury monitoring 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. 2. FINDINGS. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (4) Ecoregion.--The term ``ecoregion'' means a large area of land and water that contains a geographically distinct assemblage of natural communities, including similar land forms, climate, ecological processes, and vegetation. (5) Mercury export.--The term ``mercury export'' means mercury transport from a watershed to the corresponding body of water, or from 1 body of water to another body of water (such as from a lake to a river), generally expressed as-- (A) mass per unit of time; or (B) mass per unit of watershed or body of water area per unit of time. (8) Surface sediment.--The term ``surface sediment'' means sediment in the uppermost 2 centimeters of a lakebed, riverbed, estuary, or coastal area. 4. (a) Establishment.-- (1) In general.--The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a national mercury monitoring program. (B) Locations.--Locations of monitoring sites shall include-- (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) units of the National Estuarine Research Reserve System; and (iv) sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions. (C) Colocation.--Monitoring sites shall be colocated with sites from other long-term environmental monitoring programs, where practicable, including sites associated with the National Ecological Observatory Network, the Long Term Ecological Research Network, and the National Atmospheric Deposition Program. (2) Air and watersheds.--The program, in association with the National Atmospheric Deposition Program, shall monitor long-term changes in mercury levels and important ancillary measures in the air, including-- (A) the measurement and recording of wet mercury deposition; (B) an estimation of-- (i) dry mercury deposition (such as litter mercury deposition); (ii) mercury flux; and (iii) mercury export; and (C) the measurement of mercury isotopes and ancillary measurements to fully understand the transport, cycling, and transformations of mercury through ecosystems. (4) Aquatic and terrestrial organisms.--The program, in association with the United States Fish and Wildlife Service and the Inventory and Monitoring Division of the National Park Service, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in marine, freshwater, and terrestrial organisms, including-- (A) measurement and recording of total mercury and methyl mercury concentrations in-- (i) invertebrates; (ii) yearling or lower trophic level fish; and (iii) commercially, recreationally, or conservation relevant fish; and (B) measurement and recording of total mercury concentrations in-- (i) selected insect- and fish-eating birds; and (ii) selected insect- and fish-eating mammals. 5. ADVISORY COMMITTEE. (b) Membership.--The Advisory Committee shall consist of scientists who are not employees of the Federal Government, including-- (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. 6. REPORTS AND PUBLIC DISCLOSURE. (a) Reports.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. (b) Assessment.--Not less frequently than once every 4 years, the report required under subsection (a) shall include an assessment of mercury deposition rates that need to be achieved in order to prevent adverse human and ecological effects. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $37,000,000 for fiscal year 2022; (2) $29,000,000 for fiscal year 2023; and (3) $29,000,000 for fiscal year 2024.

To establish a national mercury monitoring 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. 2. FINDINGS. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (4) Ecoregion.--The term ``ecoregion'' means a large area of land and water that contains a geographically distinct assemblage of natural communities, including similar land forms, climate, ecological processes, and vegetation. (5) Mercury export.--The term ``mercury export'' means mercury transport from a watershed to the corresponding body of water, or from 1 body of water to another body of water (such as from a lake to a river), generally expressed as-- (A) mass per unit of time; or (B) mass per unit of watershed or body of water area per unit of time. (8) Surface sediment.--The term ``surface sediment'' means sediment in the uppermost 2 centimeters of a lakebed, riverbed, estuary, or coastal area. 4. (a) Establishment.-- (1) In general.--The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a national mercury monitoring program. (B) Locations.--Locations of monitoring sites shall include-- (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) units of the National Estuarine Research Reserve System; and (iv) sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions. (C) Colocation.--Monitoring sites shall be colocated with sites from other long-term environmental monitoring programs, where practicable, including sites associated with the National Ecological Observatory Network, the Long Term Ecological Research Network, and the National Atmospheric Deposition Program. (4) International cooperation.--To the maximum extent practicable, the program shall be compatible with similar international efforts, including the Arctic Monitoring and Assessment Programme, the Global Earth Observation System of Systems, and the monitoring associated with the effectiveness evaluation of the Minamata Convention on Mercury, adopted October 10, 2013 (TIAS 17-816), which entered into force on August 16, 2017. (5) Data collection and distribution.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish-- (A) a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the internet; and (B) assurance and quality standards for the database under subparagraph (A). (2) Air and watersheds.--The program, in association with the National Atmospheric Deposition Program, shall monitor long-term changes in mercury levels and important ancillary measures in the air, including-- (A) the measurement and recording of wet mercury deposition; (B) an estimation of-- (i) dry mercury deposition (such as litter mercury deposition); (ii) mercury flux; and (iii) mercury export; and (C) the measurement of mercury isotopes and ancillary measurements to fully understand the transport, cycling, and transformations of mercury through ecosystems. (4) Aquatic and terrestrial organisms.--The program, in association with the United States Fish and Wildlife Service and the Inventory and Monitoring Division of the National Park Service, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in marine, freshwater, and terrestrial organisms, including-- (A) measurement and recording of total mercury and methyl mercury concentrations in-- (i) invertebrates; (ii) yearling or lower trophic level fish; and (iii) commercially, recreationally, or conservation relevant fish; and (B) measurement and recording of total mercury concentrations in-- (i) selected insect- and fish-eating birds; and (ii) selected insect- and fish-eating mammals. 5. ADVISORY COMMITTEE. (b) Membership.--The Advisory Committee shall consist of scientists who are not employees of the Federal Government, including-- (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. 6. REPORTS AND PUBLIC DISCLOSURE. (a) Reports.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. (b) Assessment.--Not less frequently than once every 4 years, the report required under subsection (a) shall include an assessment of mercury deposition rates that need to be achieved in order to prevent adverse human and ecological effects. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $37,000,000 for fiscal year 2022; (2) $29,000,000 for fiscal year 2023; and (3) $29,000,000 for fiscal year 2024.

To establish a national mercury monitoring 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. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 8) Surface sediment.--The term ``surface sediment'' means sediment in the uppermost 2 centimeters of a lakebed, riverbed, estuary, or coastal area. MONITORING PROGRAM. ( B) Locations.--Locations of monitoring sites shall include-- (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) units of the National Estuarine Research Reserve System; and (iv) sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions. ( (D) Monitoring protocols.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish and publish standardized measurement protocols for the program. ( 5) Data collection and distribution.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish-- (A) a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the internet; and (B) assurance and quality standards for the database under subparagraph (A). ( (2) Air and watersheds.--The program, in association with the National Atmospheric Deposition Program, shall monitor long-term changes in mercury levels and important ancillary measures in the air, including-- (A) the measurement and recording of wet mercury deposition; (B) an estimation of-- (i) dry mercury deposition (such as litter mercury deposition); (ii) mercury flux; and (iii) mercury export; and (C) the measurement of mercury isotopes and ancillary measurements to fully understand the transport, cycling, and transformations of mercury through ecosystems. ( 3) Water and soil chemistry.--The program, in association with the WaterWatch Program established by the United States Geological Survey, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments, including-- (A) extraction and analysis of soil and sediment cores; (B) measurement and recording of total mercury and methyl mercury concentration in surface sediments; and (C) measurement and recording of total mercury and methyl mercury concentration in surface waters. ADVISORY COMMITTEE. ( (b) Membership.--The Advisory Committee shall consist of scientists who are not employees of the Federal Government, including-- (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. a) Reports.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. (

To establish a national mercury monitoring program, and for other purposes. 2) Advisory committee.--The term ``Advisory Committee'' means the Mercury Monitoring Advisory Committee established under section 5(a). ( (4) Ecoregion.--The term ``ecoregion'' means a large area of land and water that contains a geographically distinct assemblage of natural communities, including similar land forms, climate, ecological processes, and vegetation. ( 5) Mercury export.--The term ``mercury export'' means mercury transport from a watershed to the corresponding body of water, or from 1 body of water to another body of water (such as from a lake to a river), generally expressed as-- (A) mass per unit of time; or (B) mass per unit of watershed or body of water area per unit of time. ( (B) Locations.--Locations of monitoring sites shall include-- (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) units of the National Estuarine Research Reserve System; and (iv) sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions. ( 5) Data collection and distribution.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish-- (A) a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the internet; and (B) assurance and quality standards for the database under subparagraph (A). ( (3) Water and soil chemistry.--The program, in association with the WaterWatch Program established by the United States Geological Survey, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments, including-- (A) extraction and analysis of soil and sediment cores; (B) measurement and recording of total mercury and methyl mercury concentration in surface sediments; and (C) measurement and recording of total mercury and methyl mercury concentration in surface waters. ( ADVISORY COMMITTEE. ( (a) Reports.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. ( b) Assessment.--Not less frequently than once every 4 years, the report required under subsection (a) shall include an assessment of mercury deposition rates that need to be achieved in order to prevent adverse human and ecological effects. (

To establish a national mercury monitoring program, and for other purposes. 2) Advisory committee.--The term ``Advisory Committee'' means the Mercury Monitoring Advisory Committee established under section 5(a). ( (4) Ecoregion.--The term ``ecoregion'' means a large area of land and water that contains a geographically distinct assemblage of natural communities, including similar land forms, climate, ecological processes, and vegetation. ( 5) Mercury export.--The term ``mercury export'' means mercury transport from a watershed to the corresponding body of water, or from 1 body of water to another body of water (such as from a lake to a river), generally expressed as-- (A) mass per unit of time; or (B) mass per unit of watershed or body of water area per unit of time. ( (B) Locations.--Locations of monitoring sites shall include-- (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) units of the National Estuarine Research Reserve System; and (iv) sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions. ( 5) Data collection and distribution.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish-- (A) a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the internet; and (B) assurance and quality standards for the database under subparagraph (A). ( (3) Water and soil chemistry.--The program, in association with the WaterWatch Program established by the United States Geological Survey, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments, including-- (A) extraction and analysis of soil and sediment cores; (B) measurement and recording of total mercury and methyl mercury concentration in surface sediments; and (C) measurement and recording of total mercury and methyl mercury concentration in surface waters. ( ADVISORY COMMITTEE. ( (a) Reports.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. ( b) Assessment.--Not less frequently than once every 4 years, the report required under subsection (a) shall include an assessment of mercury deposition rates that need to be achieved in order to prevent adverse human and ecological effects. (

To establish a national mercury monitoring 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. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 8) Surface sediment.--The term ``surface sediment'' means sediment in the uppermost 2 centimeters of a lakebed, riverbed, estuary, or coastal area. MONITORING PROGRAM. ( B) Locations.--Locations of monitoring sites shall include-- (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) units of the National Estuarine Research Reserve System; and (iv) sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions. ( (D) Monitoring protocols.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish and publish standardized measurement protocols for the program. ( 5) Data collection and distribution.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish-- (A) a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the internet; and (B) assurance and quality standards for the database under subparagraph (A). ( (2) Air and watersheds.--The program, in association with the National Atmospheric Deposition Program, shall monitor long-term changes in mercury levels and important ancillary measures in the air, including-- (A) the measurement and recording of wet mercury deposition; (B) an estimation of-- (i) dry mercury deposition (such as litter mercury deposition); (ii) mercury flux; and (iii) mercury export; and (C) the measurement of mercury isotopes and ancillary measurements to fully understand the transport, cycling, and transformations of mercury through ecosystems. ( 3) Water and soil chemistry.--The program, in association with the WaterWatch Program established by the United States Geological Survey, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments, including-- (A) extraction and analysis of soil and sediment cores; (B) measurement and recording of total mercury and methyl mercury concentration in surface sediments; and (C) measurement and recording of total mercury and methyl mercury concentration in surface waters. ADVISORY COMMITTEE. ( (b) Membership.--The Advisory Committee shall consist of scientists who are not employees of the Federal Government, including-- (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. a) Reports.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. (

To establish a national mercury monitoring program, and for other purposes. 2) Advisory committee.--The term ``Advisory Committee'' means the Mercury Monitoring Advisory Committee established under section 5(a). ( (4) Ecoregion.--The term ``ecoregion'' means a large area of land and water that contains a geographically distinct assemblage of natural communities, including similar land forms, climate, ecological processes, and vegetation. ( 5) Mercury export.--The term ``mercury export'' means mercury transport from a watershed to the corresponding body of water, or from 1 body of water to another body of water (such as from a lake to a river), generally expressed as-- (A) mass per unit of time; or (B) mass per unit of watershed or body of water area per unit of time. ( (B) Locations.--Locations of monitoring sites shall include-- (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) units of the National Estuarine Research Reserve System; and (iv) sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions. ( 5) Data collection and distribution.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish-- (A) a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the internet; and (B) assurance and quality standards for the database under subparagraph (A). ( (3) Water and soil chemistry.--The program, in association with the WaterWatch Program established by the United States Geological Survey, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments, including-- (A) extraction and analysis of soil and sediment cores; (B) measurement and recording of total mercury and methyl mercury concentration in surface sediments; and (C) measurement and recording of total mercury and methyl mercury concentration in surface waters. ( ADVISORY COMMITTEE. ( (a) Reports.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. ( b) Assessment.--Not less frequently than once every 4 years, the report required under subsection (a) shall include an assessment of mercury deposition rates that need to be achieved in order to prevent adverse human and ecological effects. (

To establish a national mercury monitoring 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. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. ( 8) Surface sediment.--The term ``surface sediment'' means sediment in the uppermost 2 centimeters of a lakebed, riverbed, estuary, or coastal area. MONITORING PROGRAM. ( B) Locations.--Locations of monitoring sites shall include-- (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) units of the National Estuarine Research Reserve System; and (iv) sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions. ( (D) Monitoring protocols.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish and publish standardized measurement protocols for the program. ( 5) Data collection and distribution.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish-- (A) a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the internet; and (B) assurance and quality standards for the database under subparagraph (A). ( (2) Air and watersheds.--The program, in association with the National Atmospheric Deposition Program, shall monitor long-term changes in mercury levels and important ancillary measures in the air, including-- (A) the measurement and recording of wet mercury deposition; (B) an estimation of-- (i) dry mercury deposition (such as litter mercury deposition); (ii) mercury flux; and (iii) mercury export; and (C) the measurement of mercury isotopes and ancillary measurements to fully understand the transport, cycling, and transformations of mercury through ecosystems. ( 3) Water and soil chemistry.--The program, in association with the WaterWatch Program established by the United States Geological Survey, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments, including-- (A) extraction and analysis of soil and sediment cores; (B) measurement and recording of total mercury and methyl mercury concentration in surface sediments; and (C) measurement and recording of total mercury and methyl mercury concentration in surface waters. ADVISORY COMMITTEE. ( (b) Membership.--The Advisory Committee shall consist of scientists who are not employees of the Federal Government, including-- (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. a) Reports.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. (

To establish a national mercury monitoring program, and for other purposes. 2) Advisory committee.--The term ``Advisory Committee'' means the Mercury Monitoring Advisory Committee established under section 5(a). ( (4) Ecoregion.--The term ``ecoregion'' means a large area of land and water that contains a geographically distinct assemblage of natural communities, including similar land forms, climate, ecological processes, and vegetation. ( 5) Mercury export.--The term ``mercury export'' means mercury transport from a watershed to the corresponding body of water, or from 1 body of water to another body of water (such as from a lake to a river), generally expressed as-- (A) mass per unit of time; or (B) mass per unit of watershed or body of water area per unit of time. ( (B) Locations.--Locations of monitoring sites shall include-- (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) units of the National Estuarine Research Reserve System; and (iv) sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions. ( 5) Data collection and distribution.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish-- (A) a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the internet; and (B) assurance and quality standards for the database under subparagraph (A). ( (3) Water and soil chemistry.--The program, in association with the WaterWatch Program established by the United States Geological Survey, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments, including-- (A) extraction and analysis of soil and sediment cores; (B) measurement and recording of total mercury and methyl mercury concentration in surface sediments; and (C) measurement and recording of total mercury and methyl mercury concentration in surface waters. ( ADVISORY COMMITTEE. ( (a) Reports.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. ( b) Assessment.--Not less frequently than once every 4 years, the report required under subsection (a) shall include an assessment of mercury deposition rates that need to be achieved in order to prevent adverse human and ecological effects. (

To establish a national mercury monitoring program, and for other purposes. 5) Data collection and distribution.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish-- (A) a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the internet; and (B) assurance and quality standards for the database under subparagraph (A). ( (2) Air and watersheds.--The program, in association with the National Atmospheric Deposition Program, shall monitor long-term changes in mercury levels and important ancillary measures in the air, including-- (A) the measurement and recording of wet mercury deposition; (B) an estimation of-- (i) dry mercury deposition (such as litter mercury deposition); (ii) mercury flux; and (iii) mercury export; and (C) the measurement of mercury isotopes and ancillary measurements to fully understand the transport, cycling, and transformations of mercury through ecosystems. ( b) Membership.--The Advisory Committee shall consist of scientists who are not employees of the Federal Government, including-- (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. a) Reports.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. (

To establish a national mercury monitoring program, and for other purposes. 3) Water and soil chemistry.--The program, in association with the WaterWatch Program established by the United States Geological Survey, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments, including-- (A) extraction and analysis of soil and sediment cores; (B) measurement and recording of total mercury and methyl mercury concentration in surface sediments; and (C) measurement and recording of total mercury and methyl mercury concentration in surface waters. ( ( b) Assessment.--Not less frequently than once every 4 years, the report required under subsection (a) shall include an assessment of mercury deposition rates that need to be achieved in order to prevent adverse human and ecological effects. (

To establish a national mercury monitoring program, and for other purposes. 5) Data collection and distribution.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish-- (A) a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the internet; and (B) assurance and quality standards for the database under subparagraph (A). ( (2) Air and watersheds.--The program, in association with the National Atmospheric Deposition Program, shall monitor long-term changes in mercury levels and important ancillary measures in the air, including-- (A) the measurement and recording of wet mercury deposition; (B) an estimation of-- (i) dry mercury deposition (such as litter mercury deposition); (ii) mercury flux; and (iii) mercury export; and (C) the measurement of mercury isotopes and ancillary measurements to fully understand the transport, cycling, and transformations of mercury through ecosystems. ( b) Membership.--The Advisory Committee shall consist of scientists who are not employees of the Federal Government, including-- (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. a) Reports.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. (

Comprehensive National Mercury Monitoring Act This bill directs the Environmental Protection Agency (EPA) to establish a national mercury monitoring program. The purpose of the program is to track long-term trends in atmospheric mercury concentrations and deposition, and mercury levels in watersheds, surface water, fish and wildlife in terrestrial, freshwater, coastal, and marine ecosystems in response to changes in mercury emissions. The program shall Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) establish a scientific advisory committee to advise the Administrator and appropriate federal agencies on the establishment, site selection, measurement, recording protocols, and operation of the Mercury Monitoring Advisory Committee; and (2) submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination

H.R.4695

Housing and Community Development

Eleanor Smith Inclusive Home Design Act of 2021 This bill requires certain newly constructed, federally assisted housing, including single-family homes and town houses, to contain at least one level that complies with specified minimum standards of accessibility for individuals with disabilities. An aggrieved person may commence a civil action with respect to a violation of this requirement.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2021''. SEC. 2. DEFINITIONS. As used in this Act: (1) Covered dwelling unit.--The term ``covered dwelling unit'' means a dwelling unit that-- (A) is-- (i) a detached single-family house; (ii) a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures); or (iii) a ground-floor unit in a building of not more than 3 dwelling units; (B) is designed as, or intended for occupancy as, a residence; (C) was designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by any person or entity that, at any time before the design or construction, received or was guaranteed Federal financial assistance for any program or activity relating to the design, construction, or commissioning, contracting, or other arrangement for construction, of the dwelling unit; and (D) is made available for first occupancy on or after the date that is 1 year after the date of enactment of this Act. (2) Federal financial assistance.--The term ``Federal financial assistance'' means-- (A) any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development or the Secretary of Veterans Affairs, or under any program or activity of the Department of Housing and Urban Development or the Department of Veterans Affairs, through any grant, loan, contract, or any other arrangement, on or after the date that is 1 year after the date of enactment of this Act, including-- (i) a grant, a subsidy, or any other funds; (ii) service provided by a Federal employee; (iii) real or personal property or any interest in or use of such property, including-- (I) a transfer or lease of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of the fair market value is not returned to the Federal Government; (iv) any-- (I) tax credit; or (II) mortgage or loan guarantee or insurance; and (v) community development funds in the form of an obligation guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); and (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.). (3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. SEC. 3. VISITABILITY REQUIREMENT. It shall be unlawful for any person or entity, with respect to a covered dwelling unit designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by the person or entity, to fail to ensure that the dwelling unit contains not less than 1 level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (commonly known as ``ANSI'') Standards for Accessible and Usable Buildings and Facilities (section 1005 of ICC ANSI A117.1-2009) or any successor standard. SEC. 4. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. (b) Approval of Architectural, Interior Design, and Construction Plans.-- (1) Submission.-- (A) In general.--An applicant for or recipient of Federal financial assistance for the design, construction, or commissioning, contracting, or other arrangement for construction, of a covered dwelling unit shall submit for approval the architectural, interior design, and construction plans for the unit to the State or local department or agency that is responsible, under applicable State or local law, for the review and approval of construction and design plans for compliance with generally applicable building codes or requirements (in this subsection referred to as the ``appropriate State or local agency''). (B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance, as defined in this Act, with respect to the covered dwelling unit. (2) Determination of compliance.-- (A) Condition of federal housing assistance.--The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs may not provide any Federal financial assistance under any program administered by the Secretary involved to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency thereof is, in the determination of the Secretary involved, taking the enforcement actions under subparagraph (B). (B) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted under paragraph (1) and approving or disapproving the plans based on compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until the appropriate State or local agency determines compliance as described in clause (i). (c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). (2) Liability of state or local agency.--In a civil action brought under paragraph (1) for a violation involving architectural or construction plans for a covered dwelling unit that were approved by the appropriate State or local agency-- (A) if the approved plans violate this Act and any construction on the dwelling unit that violates this Act was performed in accordance with the approved plans, the State or local agency shall be liable for that construction; and (B) if the approved plans comply with this Act and any construction on the dwelling unit violates this Act, the person or entity responsible for the construction shall be liable for that construction. (d) Enforcement by Attorney General.-- (1) Civil action.--If the Attorney General has reasonable cause to believe that a person or group of persons has violated this Act, the Attorney General may bring a civil action in an appropriate district court of the United States. (2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this Act has occurred or is about to occur, the court-- (1) may award to the plaintiff actual and punitive damages; and (2) subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in accordance with this Act shall not be considered to terminate until the violation is corrected. (g) Attorney's Fees.--In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of the relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this section. SEC. 5. EFFECT ON STATE LAWS. Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid. SEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress. SEC. 7. SEVERABILITY OF PROVISIONS. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remaining provisions of this Act and the application of those provisions to other persons or circumstances shall not be affected thereby. <all>

Eleanor Smith Inclusive Home Design Act of 2021

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities.

Eleanor Smith Inclusive Home Design Act of 2021

Rep. Schakowsky, Janice D.

D

IL

This bill requires certain newly constructed, federally assisted housing, including single-family homes and town houses, to contain at least one level that complies with specified minimum standards of accessibility for individuals with disabilities. An aggrieved person may commence a civil action with respect to a violation of this requirement.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2021''. (2) Federal financial assistance.--The term ``Federal financial assistance'' means-- (A) any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development or the Secretary of Veterans Affairs, or under any program or activity of the Department of Housing and Urban Development or the Department of Veterans Affairs, through any grant, loan, contract, or any other arrangement, on or after the date that is 1 year after the date of enactment of this Act, including-- (i) a grant, a subsidy, or any other funds; (ii) service provided by a Federal employee; (iii) real or personal property or any interest in or use of such property, including-- (I) a transfer or lease of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of the fair market value is not returned to the Federal Government; (iv) any-- (I) tax credit; or (II) mortgage or loan guarantee or insurance; and (v) community development funds in the form of an obligation guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); and (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 3. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. (2) Liability of state or local agency.--In a civil action brought under paragraph (1) for a violation involving architectural or construction plans for a covered dwelling unit that were approved by the appropriate State or local agency-- (A) if the approved plans violate this Act and any construction on the dwelling unit that violates this Act was performed in accordance with the approved plans, the State or local agency shall be liable for that construction; and (B) if the approved plans comply with this Act and any construction on the dwelling unit violates this Act, the person or entity responsible for the construction shall be liable for that construction. (2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (g) Attorney's Fees.--In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. EFFECT ON STATE LAWS. SEC. SEVERABILITY OF PROVISIONS.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. 5308); and (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 3. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. (2) Liability of state or local agency.--In a civil action brought under paragraph (1) for a violation involving architectural or construction plans for a covered dwelling unit that were approved by the appropriate State or local agency-- (A) if the approved plans violate this Act and any construction on the dwelling unit that violates this Act was performed in accordance with the approved plans, the State or local agency shall be liable for that construction; and (B) if the approved plans comply with this Act and any construction on the dwelling unit violates this Act, the person or entity responsible for the construction shall be liable for that construction. (2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (g) Attorney's Fees.--In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. EFFECT ON STATE LAWS. SEC. SEVERABILITY OF PROVISIONS.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2021''. DEFINITIONS. (2) Federal financial assistance.--The term ``Federal financial assistance'' means-- (A) any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development or the Secretary of Veterans Affairs, or under any program or activity of the Department of Housing and Urban Development or the Department of Veterans Affairs, through any grant, loan, contract, or any other arrangement, on or after the date that is 1 year after the date of enactment of this Act, including-- (i) a grant, a subsidy, or any other funds; (ii) service provided by a Federal employee; (iii) real or personal property or any interest in or use of such property, including-- (I) a transfer or lease of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of the fair market value is not returned to the Federal Government; (iv) any-- (I) tax credit; or (II) mortgage or loan guarantee or insurance; and (v) community development funds in the form of an obligation guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); and (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.). (3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. 3. It shall be unlawful for any person or entity, with respect to a covered dwelling unit designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by the person or entity, to fail to ensure that the dwelling unit contains not less than 1 level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (commonly known as ``ANSI'') Standards for Accessible and Usable Buildings and Facilities (section 1005 of ICC ANSI A117.1-2009) or any successor standard. 4. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. (2) Liability of state or local agency.--In a civil action brought under paragraph (1) for a violation involving architectural or construction plans for a covered dwelling unit that were approved by the appropriate State or local agency-- (A) if the approved plans violate this Act and any construction on the dwelling unit that violates this Act was performed in accordance with the approved plans, the State or local agency shall be liable for that construction; and (B) if the approved plans comply with this Act and any construction on the dwelling unit violates this Act, the person or entity responsible for the construction shall be liable for that construction. (2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (g) Attorney's Fees.--In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of the relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this section. 5. EFFECT ON STATE LAWS. 6. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress. SEC. 7. SEVERABILITY OF PROVISIONS.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2021''. DEFINITIONS. (2) Federal financial assistance.--The term ``Federal financial assistance'' means-- (A) any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development or the Secretary of Veterans Affairs, or under any program or activity of the Department of Housing and Urban Development or the Department of Veterans Affairs, through any grant, loan, contract, or any other arrangement, on or after the date that is 1 year after the date of enactment of this Act, including-- (i) a grant, a subsidy, or any other funds; (ii) service provided by a Federal employee; (iii) real or personal property or any interest in or use of such property, including-- (I) a transfer or lease of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of the fair market value is not returned to the Federal Government; (iv) any-- (I) tax credit; or (II) mortgage or loan guarantee or insurance; and (v) community development funds in the form of an obligation guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); and (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.). (3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. 3. It shall be unlawful for any person or entity, with respect to a covered dwelling unit designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by the person or entity, to fail to ensure that the dwelling unit contains not less than 1 level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (commonly known as ``ANSI'') Standards for Accessible and Usable Buildings and Facilities (section 1005 of ICC ANSI A117.1-2009) or any successor standard. 4. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. (B) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted under paragraph (1) and approving or disapproving the plans based on compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until the appropriate State or local agency determines compliance as described in clause (i). (2) Liability of state or local agency.--In a civil action brought under paragraph (1) for a violation involving architectural or construction plans for a covered dwelling unit that were approved by the appropriate State or local agency-- (A) if the approved plans violate this Act and any construction on the dwelling unit that violates this Act was performed in accordance with the approved plans, the State or local agency shall be liable for that construction; and (B) if the approved plans comply with this Act and any construction on the dwelling unit violates this Act, the person or entity responsible for the construction shall be liable for that construction. (2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this Act has occurred or is about to occur, the court-- (1) may award to the plaintiff actual and punitive damages; and (2) subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). (g) Attorney's Fees.--In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of the relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this section. 5. EFFECT ON STATE LAWS. 6. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress. SEC. 7. SEVERABILITY OF PROVISIONS. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remaining provisions of this Act and the application of those provisions to other persons or circumstances shall not be affected thereby.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance, as defined in this Act, with respect to the covered dwelling unit. ( 2) Determination of compliance.-- (A) Condition of federal housing assistance.--The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs may not provide any Federal financial assistance under any program administered by the Secretary involved to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency thereof is, in the determination of the Secretary involved, taking the enforcement actions under subparagraph (B). (B) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted under paragraph (1) and approving or disapproving the plans based on compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until the appropriate State or local agency determines compliance as described in clause (i). ( c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). d) Enforcement by Attorney General.-- (1) Civil action.--If the Attorney General has reasonable cause to believe that a person or group of persons has violated this Act, the Attorney General may bring a civil action in an appropriate district court of the United States. ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this Act has occurred or is about to occur, the court-- (1) may award to the plaintiff actual and punitive damages; and (2) subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). ( h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of the relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this section. Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. VISITABILITY REQUIREMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. ( B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance, as defined in this Act, with respect to the covered dwelling unit. ( (c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. ( (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in accordance with this Act shall not be considered to terminate until the violation is corrected. ( Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. VISITABILITY REQUIREMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. ( B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance, as defined in this Act, with respect to the covered dwelling unit. ( (c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. ( (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in accordance with this Act shall not be considered to terminate until the violation is corrected. ( Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance, as defined in this Act, with respect to the covered dwelling unit. ( 2) Determination of compliance.-- (A) Condition of federal housing assistance.--The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs may not provide any Federal financial assistance under any program administered by the Secretary involved to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency thereof is, in the determination of the Secretary involved, taking the enforcement actions under subparagraph (B). (B) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted under paragraph (1) and approving or disapproving the plans based on compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until the appropriate State or local agency determines compliance as described in clause (i). ( c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). d) Enforcement by Attorney General.-- (1) Civil action.--If the Attorney General has reasonable cause to believe that a person or group of persons has violated this Act, the Attorney General may bring a civil action in an appropriate district court of the United States. ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this Act has occurred or is about to occur, the court-- (1) may award to the plaintiff actual and punitive damages; and (2) subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). ( h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of the relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this section. Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. VISITABILITY REQUIREMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. ( B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance, as defined in this Act, with respect to the covered dwelling unit. ( (c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. ( (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in accordance with this Act shall not be considered to terminate until the violation is corrected. ( Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance, as defined in this Act, with respect to the covered dwelling unit. ( 2) Determination of compliance.-- (A) Condition of federal housing assistance.--The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs may not provide any Federal financial assistance under any program administered by the Secretary involved to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency thereof is, in the determination of the Secretary involved, taking the enforcement actions under subparagraph (B). (B) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted under paragraph (1) and approving or disapproving the plans based on compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until the appropriate State or local agency determines compliance as described in clause (i). ( c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). d) Enforcement by Attorney General.-- (1) Civil action.--If the Attorney General has reasonable cause to believe that a person or group of persons has violated this Act, the Attorney General may bring a civil action in an appropriate district court of the United States. ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this Act has occurred or is about to occur, the court-- (1) may award to the plaintiff actual and punitive damages; and (2) subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). ( h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of the relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this section. Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. VISITABILITY REQUIREMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. ( B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance, as defined in this Act, with respect to the covered dwelling unit. ( (c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. ( (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in accordance with this Act shall not be considered to terminate until the violation is corrected. ( Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance, as defined in this Act, with respect to the covered dwelling unit. ( (B) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted under paragraph (1) and approving or disapproving the plans based on compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until the appropriate State or local agency determines compliance as described in clause (i). ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this Act has occurred or is about to occur, the court-- (1) may award to the plaintiff actual and punitive damages; and (2) subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). ( Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. VISITABILITY REQUIREMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. ( B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance, as defined in this Act, with respect to the covered dwelling unit. ( (c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. ( (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in accordance with this Act shall not be considered to terminate until the violation is corrected. ( Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance, as defined in this Act, with respect to the covered dwelling unit. ( (B) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted under paragraph (1) and approving or disapproving the plans based on compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until the appropriate State or local agency determines compliance as described in clause (i). ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this Act has occurred or is about to occur, the court-- (1) may award to the plaintiff actual and punitive damages; and (2) subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). ( Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid.

Eleanor Smith Inclusive Home Design Act of 2021 - Requires all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. Makes it unlawful for any person or entity, with respect to a covered dwelling unit designed, constructed, or commissioned, contracted, or otherwise arranged for construction, to fail to ensure that the dwelling Directs the Attorney General to bring civil actions against any person or entity responsible for any part of the design or construction of a covered dwelling unit that is not designed or constructed in accordance with this Act. (Sec. 5) Provides for civil action for private persons, including civil actions for violations involving architectural or construction plans approved by a State or local agency. (SEC. 6) Provides

S.111

Education

Luke and Alex School Safety Act of 2021 This bill requires the Department of Homeland Security (DHS) to establish a Federal Clearinghouse on School Safety Best Practices for use by state and local educational and law-enforcement agencies, institutions of higher education, health professionals, and the public. The bill requires DHS to collect clearinghouse data analytics, user feedback on the implementation of best practices and recommendations identified by the clearinghouse, and any evaluations conducted on these best practices and recommendations. In addition, DHS must coordinate with the Departments of Education, Health and Human Services, and Justice to assess and identify best practices and recommendations and establish an advisory board to provide feedback and propose additional recommendations. Further, the bill specifies the criteria for best practices and recommendations of the clearinghouse, including evidence that the best practice or recommendation has had a significant effect on improving the health, safety, and welfare of individuals in school settings. Finally, the bill provides for grant program review.

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Luke and Alex School Safety Act of 2021''. SEC. 2. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. (a) In General.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by inserting after section 2215 the following: ``SEC. 2216. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(2) Purpose.--The Clearinghouse shall be the primary resource of the Federal Government to identify and publish online through SchoolSafety.gov, or any successor website, the best practices and recommendations for school safety for use by State and local educational agencies, institutions of higher education, State and local law enforcement agencies, health professionals, and the general public. ``(3) Personnel.-- ``(A) Assignments.--The Clearinghouse shall be assigned such personnel and resources as the Secretary considers appropriate to carry out this section. ``(B) Detailees.--The Secretary of Education, the Attorney General, and the Secretary of Health and Human Services may detail personnel to the Clearinghouse. ``(4) Exemptions.-- ``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply for the purposes of carrying out this section. ``(b) Clearinghouse Contents.-- ``(1) Consultation.--In identifying the best practices and recommendations for the Clearinghouse, the Secretary may consult with appropriate Federal, State, local, Tribal, private sector, and nongovernmental organizations. ``(2) Criteria for best practices and recommendations.--The best practices and recommendations of the Clearinghouse shall, at a minimum-- ``(A) involve comprehensive school safety measures, including threat prevention, preparedness, protection, mitigation, incident response, and recovery to improve the safety posture of a school upon implementation; ``(B) include any evidence or research rationale supporting the determination of the Clearinghouse that the best practice or recommendation under subparagraph (A) has been shown to have a significant effect on improving the health, safety, and welfare of persons in school settings, including-- ``(i) relevant research that is evidence- based, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), supporting the best practice or recommendation; ``(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school; or ``(iii) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety posture of a school upon implementation; and ``(C) include information on Federal grant programs for which implementation of each best practice or recommendation is an eligible use for the program. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(d) Continuous Improvement.--The Secretary shall-- ``(1) collect for the purpose of continuous improvement of the Clearinghouse-- ``(A) Clearinghouse data analytics; ``(B) user feedback on the implementation of resources, best practices, and recommendations identified by the Clearinghouse; and ``(C) any evaluations conducted on implementation of the best practices and recommendations of the Clearinghouse; and ``(2) in coordination with the Secretary of Education, the Secretary of Health and Human Services, and the Attorney General-- ``(A) regularly assess and identify Clearinghouse best practices and recommendations for which there are no resources available through Federal Government programs for implementation; and ``(B) establish an external advisory board, which shall be comprised of appropriate State, local, Tribal, private sector, and nongovernmental organizations, including organizations representing parents of elementary and secondary school students, to-- ``(i) provide feedback on the implementation of best practices and recommendations of the Clearinghouse; and ``(ii) propose additional recommendations for best practices for inclusion in the Clearinghouse. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. (b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 2215 the following: ``Sec. 2216. Federal Clearinghouse on School Safety Best Practices.''. SEC. 3. NOTIFICATION OF CLEARINGHOUSE. (a) Notification by the Secretary of Education.--The Secretary of Education shall provide written notification of the publication of the Federal Clearinghouse on School Safety Best Practices (referred to in this section and section 4 as the ``Clearinghouse''), as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State and local educational agency; and (2) other Department of Education partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Education. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. (c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. (d) Notification by the Attorney General.--The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of justice; and (2) other Department of Justice partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General. SEC. 4. GRANT PROGRAM REVIEW. (a) Federal Grants and Resources.--The Secretary of Education, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Attorney General shall each-- (1) review grant programs administered by their respective agency and identify any grant program that may be used to implement best practices and recommendations of the Clearinghouse; (2) identify any best practices and recommendations of the Clearinghouse for which there is not a Federal grant program that may be used for the purposes of implementing the best practice or recommendation as applicable to the agency; and (3) periodically report any findings under paragraph (2) to the appropriate committees of Congress. (b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. SEC. 5. RULES OF CONSTRUCTION. (a) Waiver of Requirements.--Nothing in this Act or the amendments made by this Act shall be construed to create, satisfy, or waive any requirement under-- (1) title II of the Americans With Disabilities Act of 1990 (42 U.S.C. 12131 et seq.); (2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); (3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); (4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or (5) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). (b) Prohibition on Federally Developed, Mandated, or Endorsed Curriculum.--Nothing in this Act or the amendments made by this Act shall be construed to authorize any officer or employee of the Federal Government to engage in an activity otherwise prohibited under section 103(b) of the Department of Education Organization Act (20 U.S.C. 3403(b)). Calendar No. 102 117th CONGRESS 1st Session S. 111 [Report No. 117-29] _______________________________________________________________________

Luke and Alex School Safety Act of 2021

A bill to establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes.

Luke and Alex School Safety Act of 2021 Luke and Alex School Safety Act of 2021

Sen. Johnson, Ron

R

WI

This bill requires the Department of Homeland Security (DHS) to establish a Federal Clearinghouse on School Safety Best Practices for use by state and local educational and law-enforcement agencies, institutions of higher education, health professionals, and the public. The bill requires DHS to collect clearinghouse data analytics, user feedback on the implementation of best practices and recommendations identified by the clearinghouse, and any evaluations conducted on these best practices and recommendations. In addition, DHS must coordinate with the Departments of Education, Health and Human Services, and Justice to assess and identify best practices and recommendations and establish an advisory board to provide feedback and propose additional recommendations. Further, the bill specifies the criteria for best practices and recommendations of the clearinghouse, including evidence that the best practice or recommendation has had a significant effect on improving the health, safety, and welfare of individuals in school settings. Finally, the bill provides for grant program review.

2. 651 et seq.) is amended by inserting after section 2215 the following: ``SEC. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(2) Purpose.--The Clearinghouse shall be the primary resource of the Federal Government to identify and publish online through SchoolSafety.gov, or any successor website, the best practices and recommendations for school safety for use by State and local educational agencies, institutions of higher education, State and local law enforcement agencies, health professionals, and the general public. ``(B) Detailees.--The Secretary of Education, the Attorney General, and the Secretary of Health and Human Services may detail personnel to the Clearinghouse. ``(4) Exemptions.-- ``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. NOTIFICATION OF CLEARINGHOUSE. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. GRANT PROGRAM REVIEW. SEC. 5. RULES OF CONSTRUCTION. (a) Waiver of Requirements.--Nothing in this Act or the amendments made by this Act shall be construed to create, satisfy, or waive any requirement under-- (1) title II of the Americans With Disabilities Act of 1990 (42 U.S.C. ); (4) title IX of the Education Amendments of 1972 (20 U.S.C. Calendar No. 102 117th CONGRESS 1st Session S. 111 [Report No. 117-29] _______________________________________________________________________

2. 651 et seq.) is amended by inserting after section 2215 the following: ``SEC. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(2) Purpose.--The Clearinghouse shall be the primary resource of the Federal Government to identify and publish online through SchoolSafety.gov, or any successor website, the best practices and recommendations for school safety for use by State and local educational agencies, institutions of higher education, State and local law enforcement agencies, health professionals, and the general public. ``(B) Detailees.--The Secretary of Education, the Attorney General, and the Secretary of Health and Human Services may detail personnel to the Clearinghouse. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. NOTIFICATION OF CLEARINGHOUSE. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. GRANT PROGRAM REVIEW. SEC. 5. RULES OF CONSTRUCTION. (a) Waiver of Requirements.--Nothing in this Act or the amendments made by this Act shall be construed to create, satisfy, or waive any requirement under-- (1) title II of the Americans With Disabilities Act of 1990 (42 U.S.C. ); (4) title IX of the Education Amendments of 1972 (20 U.S.C. Calendar No. 102 117th CONGRESS 1st Session S. 111 [Report No. 117-29] _______________________________________________________________________

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Luke and Alex School Safety Act of 2021''. 2. 651 et seq.) is amended by inserting after section 2215 the following: ``SEC. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(2) Purpose.--The Clearinghouse shall be the primary resource of the Federal Government to identify and publish online through SchoolSafety.gov, or any successor website, the best practices and recommendations for school safety for use by State and local educational agencies, institutions of higher education, State and local law enforcement agencies, health professionals, and the general public. ``(B) Detailees.--The Secretary of Education, the Attorney General, and the Secretary of Health and Human Services may detail personnel to the Clearinghouse. ``(4) Exemptions.-- ``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) ``(2) Criteria for best practices and recommendations.--The best practices and recommendations of the Clearinghouse shall, at a minimum-- ``(A) involve comprehensive school safety measures, including threat prevention, preparedness, protection, mitigation, incident response, and recovery to improve the safety posture of a school upon implementation; ``(B) include any evidence or research rationale supporting the determination of the Clearinghouse that the best practice or recommendation under subparagraph (A) has been shown to have a significant effect on improving the health, safety, and welfare of persons in school settings, including-- ``(i) relevant research that is evidence- based, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), supporting the best practice or recommendation; ``(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school; or ``(iii) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety posture of a school upon implementation; and ``(C) include information on Federal grant programs for which implementation of each best practice or recommendation is an eligible use for the program. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. (b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. NOTIFICATION OF CLEARINGHOUSE. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. GRANT PROGRAM REVIEW. SEC. 5. RULES OF CONSTRUCTION. (a) Waiver of Requirements.--Nothing in this Act or the amendments made by this Act shall be construed to create, satisfy, or waive any requirement under-- (1) title II of the Americans With Disabilities Act of 1990 (42 U.S.C. ); (3) title VI of the Civil Rights Act of 1964 (42 U.S.C. ); (4) title IX of the Education Amendments of 1972 (20 U.S.C. ); or (5) the Age Discrimination Act of 1975 (42 U.S.C. (b) Prohibition on Federally Developed, Mandated, or Endorsed Curriculum.--Nothing in this Act or the amendments made by this Act shall be construed to authorize any officer or employee of the Federal Government to engage in an activity otherwise prohibited under section 103(b) of the Department of Education Organization Act (20 U.S.C. 3403(b)). Calendar No. 102 117th CONGRESS 1st Session S. 111 [Report No. 117-29] _______________________________________________________________________

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Luke and Alex School Safety Act of 2021''. 2. 651 et seq.) is amended by inserting after section 2215 the following: ``SEC. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(2) Purpose.--The Clearinghouse shall be the primary resource of the Federal Government to identify and publish online through SchoolSafety.gov, or any successor website, the best practices and recommendations for school safety for use by State and local educational agencies, institutions of higher education, State and local law enforcement agencies, health professionals, and the general public. ``(3) Personnel.-- ``(A) Assignments.--The Clearinghouse shall be assigned such personnel and resources as the Secretary considers appropriate to carry out this section. ``(B) Detailees.--The Secretary of Education, the Attorney General, and the Secretary of Health and Human Services may detail personnel to the Clearinghouse. ``(4) Exemptions.-- ``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) ``(2) Criteria for best practices and recommendations.--The best practices and recommendations of the Clearinghouse shall, at a minimum-- ``(A) involve comprehensive school safety measures, including threat prevention, preparedness, protection, mitigation, incident response, and recovery to improve the safety posture of a school upon implementation; ``(B) include any evidence or research rationale supporting the determination of the Clearinghouse that the best practice or recommendation under subparagraph (A) has been shown to have a significant effect on improving the health, safety, and welfare of persons in school settings, including-- ``(i) relevant research that is evidence- based, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), supporting the best practice or recommendation; ``(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school; or ``(iii) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety posture of a school upon implementation; and ``(C) include information on Federal grant programs for which implementation of each best practice or recommendation is an eligible use for the program. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. (b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 2215 the following: ``Sec. NOTIFICATION OF CLEARINGHOUSE. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. GRANT PROGRAM REVIEW. (b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. SEC. 5. RULES OF CONSTRUCTION. (a) Waiver of Requirements.--Nothing in this Act or the amendments made by this Act shall be construed to create, satisfy, or waive any requirement under-- (1) title II of the Americans With Disabilities Act of 1990 (42 U.S.C. 12131 et seq. ); (2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq. ); (3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); (4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. ); or (5) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). (b) Prohibition on Federally Developed, Mandated, or Endorsed Curriculum.--Nothing in this Act or the amendments made by this Act shall be construed to authorize any officer or employee of the Federal Government to engage in an activity otherwise prohibited under section 103(b) of the Department of Education Organization Act (20 U.S.C. 3403(b)). Calendar No. 102 117th CONGRESS 1st Session S. 111 [Report No. 117-29] _______________________________________________________________________

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(4) Exemptions.-- ``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) 7801), supporting the best practice or recommendation; ``(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school; or ``(iii) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety posture of a school upon implementation; and ``(C) include information on Federal grant programs for which implementation of each best practice or recommendation is an eligible use for the program. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. (c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( d) Notification by the Attorney General.--The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of justice; and (2) other Department of Justice partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General. b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. 2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq. ); (3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); ( 4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. );

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. ( c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( (b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. 4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. );

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. ( c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( (b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. 4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. );

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(4) Exemptions.-- ``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) 7801), supporting the best practice or recommendation; ``(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school; or ``(iii) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety posture of a school upon implementation; and ``(C) include information on Federal grant programs for which implementation of each best practice or recommendation is an eligible use for the program. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. (c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( d) Notification by the Attorney General.--The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of justice; and (2) other Department of Justice partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General. b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. 2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq. ); (3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); ( 4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. );

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. ( c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( (b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. 4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. );

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(4) Exemptions.-- ``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) 7801), supporting the best practice or recommendation; ``(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school; or ``(iii) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety posture of a school upon implementation; and ``(C) include information on Federal grant programs for which implementation of each best practice or recommendation is an eligible use for the program. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. (c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( d) Notification by the Attorney General.--The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of justice; and (2) other Department of Justice partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General. b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. 2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq. ); (3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); ( 4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. );

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. ( c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( (b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. 4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. );

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( d) Notification by the Attorney General.--The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of justice; and (2) other Department of Justice partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General. 3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); (

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. ( c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( ( b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse.

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( d) Notification by the Attorney General.--The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of justice; and (2) other Department of Justice partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General. 3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); (

Luke and Alex School Safety Act of 2021 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS) to establish a Federal Clearinghouse on School Safety Best Practices within the Department of Education (ED). Requires the ClearingHouse to be the primary resource of the federal government to identify and publish online through SchoolSafety.gov, or any successor website Directs the Secretary of Education, the Secretaries of Homeland Security, Justice, and Health and Human Services, and the Attorney General to each: (1) review grant programs administered by their respective agencies and identify any grant program that may be used to implement best practices and recommendations of the Clearinghouse; (2) identify any best practices for which there is not a federal

H.R.6066

Government Operations and Politics

Strengthening the Office of Personnel Management Act This bill provides statutory authority for the mission of the Office of Personnel Management (OPM), establishes the Chief Management Officer and the OPM Advisory Committee on Human Capital Management, and specifies additional requirements for the appointment of the OPM Director and the removal of the OPM Director or Deputy Director.

To amend title 5, United States Code, to reaffirm the role of the Office of Personnel Management as the leader for civilian human resource management in the Federal Government, to encourage innovation in the Office's management of human capital, to strengthen the Office's ability to support Federal human capital management as a strategic priority, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening the Office of Personnel Management Act''. SEC. 2. ROLE AND MISSION OF OFFICE OF PERSONNEL MANAGEMENT. Section 1101 of title 5, United States, Code is amended-- (1) by striking ``The Office of Personnel Management'' and inserting ``(a) Establishment.--The Office of Personnel Management''; and (2) by adding at the end the following: ``(b) Mission.--The Office of Personnel Management shall lead the Federal Government in enterprise strategic human resources management, ensure the proper application of merit system principles for all Federal civilian human resource systems and employees, and carry out the policies set forth in section 3 of the Civil Service Reform Act of 1978 (Public Law 95-454). In addition, the Office of Personnel Management shall-- ``(1) function as an independent human capital agency for Federal civilian personnel systems, employees, and annuitants; ``(2) structure as a streamlined, customer-focused organization to effectively and efficiently execute its mission priorities; ``(3) provide Government-wide leadership and facilitate appropriate and efficient access to human capital data and systems to support strategic Government-wide human capital management; ``(4) use information technology and data, data analytics, and predictive analytics to inform decision making, identify best practices and drive innovation; ``(5) develop both current and forward-looking approaches for human resource management; ``(6) establish and maintain an efficient, risk-based, data-driven oversight program in support of merit systems principles; and ``(7) promote staff capacity-building to support a competent and diverse workforce, consistent with the requirements of chapter 41 of this title.''. SEC. 3. QUALIFICATIONS OF OPM DIRECTOR. Chapter 11 of title 5, United States Code, is amended-- (1) in section 1102-- (A) in subsection (a), by adding at the end after the period the following: ``The individual appointed as Director shall be appointed without regard to political affiliation and have demonstrated human capital expertise and management and leadership experience.''; and (B) by adding after subsection (d) the following: ``(e) An individual serving as Director or Deputy Director may be removed from office by the President only if the reasons for such removal are specifically set forth in a written statement submitted to the Committee on Oversight and Reform in the House of Representatives and the Committee on Homeland Security and Governmental Affairs in the Senate. The President shall communicate in writing the reasons for any such removal to both Houses of Congress not later than 30 days before the removal.''; and (2) in section 1103(a) by-- (A) redesignating paragraph (9) as paragraph (12); (B) striking ``and'' at the end of paragraph (8); and (C) inserting after paragraph (8) the following: ``(9) serving as the principal advisor to the President on Federal human capital policies and leading Federal civilian human capital efforts to attract and retain the optimal Federal workforce; ``(10) establishing a framework for Federal agency workforce management and working with stakeholders to develop policies that foster best practices in all human capital areas; ``(11) setting standards of practice and working collaboratively across the Federal human capital community; and''. SEC. 4. OPM CHIEF MANAGEMENT OFFICER. (a) In General.--Section 1102 of title 5, United States Code, as amended by section 3, is further amended by adding at the end the following: ``(f)(1) There is established within the Office of Personnel Management the position of Chief Management Officer. Such position shall be filled by a member of the Senior Executive Service in a designated career reserved position. The Director shall establish and appoint an individual to occupy such position not later than 90 days after the date of enactment of the Strengthening the Office of Personnel Management Act. ``(2) Subject to the authority, direction, and control of the Director, the Chief Management Officer shall perform such duties and exercise such powers as the Director may prescribe, including-- ``(A) assisting the Director and Deputy Director to provide continuity, strengthen internal agency organization and management, promoting the mission and strategic goals of the Office, and improving Office performance; ``(B) serving as the principal advisor to the Director on all operations, activities, and programs in the Office; ``(C) directing the associate Directors, program divisions, and support functions of the Office on matters for which the Chief Management Officer has responsibility; ``(D) establishing processes for supervising operations of the Office, including planning and processes, performance management, information technology management, and unifying management efforts across the Office; ``(E) aligning human resources policies and programs of the Office with the organization mission, goals and performance outcomes; ``(F) developing a culture of continuous learning and positive employee engagement within the Office to attract and retain employees; and ``(G) identifying leading practices and benchmarks relevant to the Officer's areas of responsibility.''. (b) Clerical Amendments.-- (1) Section heading.--The section heading for section 1102 of title 5, United States Code, is amended by adding after ``Associate Directors'' the following: ``; Chief Management Officer''. (2) Table of sections.--The table of sections for chapter 11 of such title is amended by striking the item relating to section 1102 and inserting the following: ``1102. Director; Deputy Director; Associate Directors; Chief Management Officer.''. SEC. 5. OPM ADVISORY COMMITTEE ON HUMAN CAPITAL MANAGEMENT. (a) In General.--Chapter 11 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 1106. OPM Advisory Committee on Human Capital Management ``(a) Establishment.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Strengthening the Office of Personnel Management Act, the Director of the Office of Personnel Management (in this section referred to as the `Director') shall establish within the Office an advisory committee to be known as the `OPM Advisory Committee on Human Capital Management' (in this section referred to as the `Advisory Committee'). ``(2) Duties.--The Advisory Committee shall advise and provide information and recommendations to the Director on-- ``(A) strategies for making the Federal Government an employer of choice and model employer; ``(B) approaches for recruiting, hiring, and retaining people with needed skills to improve Federal services; and ``(C) programs and initiatives to build and support a diverse, trusted, and effective Federal workforce. ``(b) Membership.-- ``(1) In general.-- ``(A) Appointment.--The Director shall appoint not more than 15 members, excluding ex officio members in paragraph (2), to the Advisory Committee. ``(B) Representation.--The Director shall ensure that individuals appointed as members of the Advisory Committee shall possess knowledge and experience in human capital management and have experience in at least one of the following categories: ``(i) Public sector or governmental organizations, including global public sector human resource professionals. ``(ii) Nonprofit organizations, including labor unions. ``(iii) Private sector organizations. ``(iv) Academia. ``(v) Federal employee, retiree, and labor organizations, including organizations that represent substantial numbers of Federal employees occupying General Schedule positions. ``(vi) Chief Human Capital Officers or other members from Federal agency human resource offices. ``(2) Ex officio members.--The following positions shall serve as ex officio members of the Advisory Committee: the Director, the Deputy Director, any Associate Director, the Chief Management Officer, the Chief Diversity, Equity, Inclusion and Accessibility Officer, the Chief Human Capital Officers Council Executive Director, and other Federal officials at the discretion of the Director. ``(c) Administrative Provisions.-- ``(1) Meetings.-- ``(A) In general.--The Advisory Committee shall meet at least two times per year, with additional meetings as required. ``(B) Opportunity for public comment.--Each meeting shall include, at a minimum, opportunity for public comment during the Advisory Committee's deliberations. ``(2) Bylaws.--At the first meeting of the Advisory Committee, the members shall select a chairperson and vice chairperson. The Advisory Committee's bylaws shall be established by the chairperson and vice chairperson and shall be submitted to the members for unanimous approval by the members. ``(3) Quorum.--Seven members of the Advisory Committee shall constitute a quorum. ``(4) Decisions and recommendations by consensus.--All decisions, activities, findings, and recommendations of the Advisory Committee shall be made by consensus of the members of the Advisory Committee. ``(d) Annual Report.--Not later than one year after the date of the first meeting of the Advisory Committee and annually thereafter, the Advisory Committee shall submit an annual report to the Director, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate. The Director shall make the report available online on a publicly accessible website. The report shall contain-- ``(1) a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Advisory Committee during the previous year; ``(2) if applicable, any agency actions taken to address the findings and recommendations made by the Advisory Committee; and ``(3) a detailed list of subjects and areas of interest that the Advisory Committee plans to examine in the next year.''. (b) Clerical Amendment.--The table of sections for such chapter 11 is amended by adding after the item relating to section 1105 the following: ``1106. OPM Advisory Committee on Human Capital Management.''. <all>

Strengthening the Office of Personnel Management Act

To amend title 5, United States Code, to reaffirm the role of the Office of Personnel Management as the leader for civilian human resource management in the Federal Government, to encourage innovation in the Office's management of human capital, to strengthen the Office's ability to support Federal human capital management as a strategic priority, and for other purposes.

Strengthening the Office of Personnel Management Act

Rep. Connolly, Gerald E.

D

VA

This bill provides statutory authority for the mission of the Office of Personnel Management (OPM), establishes the Chief Management Officer and the OPM Advisory Committee on Human Capital Management, and specifies additional requirements for the appointment of the OPM Director and the removal of the OPM Director or Deputy Director.

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 ``Strengthening the Office of Personnel Management Act''. 2. ROLE AND MISSION OF OFFICE OF PERSONNEL MANAGEMENT. In addition, the Office of Personnel Management shall-- ``(1) function as an independent human capital agency for Federal civilian personnel systems, employees, and annuitants; ``(2) structure as a streamlined, customer-focused organization to effectively and efficiently execute its mission priorities; ``(3) provide Government-wide leadership and facilitate appropriate and efficient access to human capital data and systems to support strategic Government-wide human capital management; ``(4) use information technology and data, data analytics, and predictive analytics to inform decision making, identify best practices and drive innovation; ``(5) develop both current and forward-looking approaches for human resource management; ``(6) establish and maintain an efficient, risk-based, data-driven oversight program in support of merit systems principles; and ``(7) promote staff capacity-building to support a competent and diverse workforce, consistent with the requirements of chapter 41 of this title.''. 3. The President shall communicate in writing the reasons for any such removal to both Houses of Congress not later than 30 days before the removal. ''; and (2) in section 1103(a) by-- (A) redesignating paragraph (9) as paragraph (12); (B) striking ``and'' at the end of paragraph (8); and (C) inserting after paragraph (8) the following: ``(9) serving as the principal advisor to the President on Federal human capital policies and leading Federal civilian human capital efforts to attract and retain the optimal Federal workforce; ``(10) establishing a framework for Federal agency workforce management and working with stakeholders to develop policies that foster best practices in all human capital areas; ``(11) setting standards of practice and working collaboratively across the Federal human capital community; and''. 4. (2) Table of sections.--The table of sections for chapter 11 of such title is amended by striking the item relating to section 1102 and inserting the following: ``1102. Director; Deputy Director; Associate Directors; Chief Management Officer.''. SEC. 5. OPM ADVISORY COMMITTEE ON HUMAN CAPITAL MANAGEMENT. 1106. ``(v) Federal employee, retiree, and labor organizations, including organizations that represent substantial numbers of Federal employees occupying General Schedule positions. ``(B) Opportunity for public comment.--Each meeting shall include, at a minimum, opportunity for public comment during the Advisory Committee's deliberations. The Advisory Committee's bylaws shall be established by the chairperson and vice chairperson and shall be submitted to the members for unanimous approval by the members. ``(4) Decisions and recommendations by consensus.--All decisions, activities, findings, and recommendations of the Advisory Committee shall be made by consensus of the members of the Advisory Committee.

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 ``Strengthening the Office of Personnel Management Act''. 2. ROLE AND MISSION OF OFFICE OF PERSONNEL MANAGEMENT. 3. ''; and (2) in section 1103(a) by-- (A) redesignating paragraph (9) as paragraph (12); (B) striking ``and'' at the end of paragraph (8); and (C) inserting after paragraph (8) the following: ``(9) serving as the principal advisor to the President on Federal human capital policies and leading Federal civilian human capital efforts to attract and retain the optimal Federal workforce; ``(10) establishing a framework for Federal agency workforce management and working with stakeholders to develop policies that foster best practices in all human capital areas; ``(11) setting standards of practice and working collaboratively across the Federal human capital community; and''. 4. (2) Table of sections.--The table of sections for chapter 11 of such title is amended by striking the item relating to section 1102 and inserting the following: ``1102. Director; Deputy Director; Associate Directors; Chief Management Officer.''. SEC. 5. OPM ADVISORY COMMITTEE ON HUMAN CAPITAL MANAGEMENT. 1106. ``(v) Federal employee, retiree, and labor organizations, including organizations that represent substantial numbers of Federal employees occupying General Schedule positions. ``(B) Opportunity for public comment.--Each meeting shall include, at a minimum, opportunity for public comment during the Advisory Committee's deliberations. The Advisory Committee's bylaws shall be established by the chairperson and vice chairperson and shall be submitted to the members for unanimous approval by the members. ``(4) Decisions and recommendations by consensus.--All decisions, activities, findings, and recommendations of the Advisory Committee shall be made by consensus of the members of the Advisory Committee.

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 ``Strengthening the Office of Personnel Management Act''. 2. ROLE AND MISSION OF OFFICE OF PERSONNEL MANAGEMENT. In addition, the Office of Personnel Management shall-- ``(1) function as an independent human capital agency for Federal civilian personnel systems, employees, and annuitants; ``(2) structure as a streamlined, customer-focused organization to effectively and efficiently execute its mission priorities; ``(3) provide Government-wide leadership and facilitate appropriate and efficient access to human capital data and systems to support strategic Government-wide human capital management; ``(4) use information technology and data, data analytics, and predictive analytics to inform decision making, identify best practices and drive innovation; ``(5) develop both current and forward-looking approaches for human resource management; ``(6) establish and maintain an efficient, risk-based, data-driven oversight program in support of merit systems principles; and ``(7) promote staff capacity-building to support a competent and diverse workforce, consistent with the requirements of chapter 41 of this title.''. 3. Chapter 11 of title 5, United States Code, is amended-- (1) in section 1102-- (A) in subsection (a), by adding at the end after the period the following: ``The individual appointed as Director shall be appointed without regard to political affiliation and have demonstrated human capital expertise and management and leadership experience. The President shall communicate in writing the reasons for any such removal to both Houses of Congress not later than 30 days before the removal. ''; and (2) in section 1103(a) by-- (A) redesignating paragraph (9) as paragraph (12); (B) striking ``and'' at the end of paragraph (8); and (C) inserting after paragraph (8) the following: ``(9) serving as the principal advisor to the President on Federal human capital policies and leading Federal civilian human capital efforts to attract and retain the optimal Federal workforce; ``(10) establishing a framework for Federal agency workforce management and working with stakeholders to develop policies that foster best practices in all human capital areas; ``(11) setting standards of practice and working collaboratively across the Federal human capital community; and''. 4. Such position shall be filled by a member of the Senior Executive Service in a designated career reserved position. (2) Table of sections.--The table of sections for chapter 11 of such title is amended by striking the item relating to section 1102 and inserting the following: ``1102. Director; Deputy Director; Associate Directors; Chief Management Officer.''. SEC. 5. OPM ADVISORY COMMITTEE ON HUMAN CAPITAL MANAGEMENT. 1106. ``(b) Membership.-- ``(1) In general.-- ``(A) Appointment.--The Director shall appoint not more than 15 members, excluding ex officio members in paragraph (2), to the Advisory Committee. ``(iii) Private sector organizations. ``(iv) Academia. ``(v) Federal employee, retiree, and labor organizations, including organizations that represent substantial numbers of Federal employees occupying General Schedule positions. ``(B) Opportunity for public comment.--Each meeting shall include, at a minimum, opportunity for public comment during the Advisory Committee's deliberations. The Advisory Committee's bylaws shall be established by the chairperson and vice chairperson and shall be submitted to the members for unanimous approval by the members. ``(3) Quorum.--Seven members of the Advisory Committee shall constitute a quorum. ``(4) Decisions and recommendations by consensus.--All decisions, activities, findings, and recommendations of the Advisory Committee shall be made by consensus of the members of the Advisory Committee. ``(d) Annual Report.--Not later than one year after the date of the first meeting of the Advisory Committee and annually thereafter, the Advisory Committee shall submit an annual report to the Director, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate. The Director shall make the report available online on a publicly accessible website.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening the Office of Personnel Management Act''. 2. ROLE AND MISSION OF OFFICE OF PERSONNEL MANAGEMENT. In addition, the Office of Personnel Management shall-- ``(1) function as an independent human capital agency for Federal civilian personnel systems, employees, and annuitants; ``(2) structure as a streamlined, customer-focused organization to effectively and efficiently execute its mission priorities; ``(3) provide Government-wide leadership and facilitate appropriate and efficient access to human capital data and systems to support strategic Government-wide human capital management; ``(4) use information technology and data, data analytics, and predictive analytics to inform decision making, identify best practices and drive innovation; ``(5) develop both current and forward-looking approaches for human resource management; ``(6) establish and maintain an efficient, risk-based, data-driven oversight program in support of merit systems principles; and ``(7) promote staff capacity-building to support a competent and diverse workforce, consistent with the requirements of chapter 41 of this title.''. 3. Chapter 11 of title 5, United States Code, is amended-- (1) in section 1102-- (A) in subsection (a), by adding at the end after the period the following: ``The individual appointed as Director shall be appointed without regard to political affiliation and have demonstrated human capital expertise and management and leadership experience. The President shall communicate in writing the reasons for any such removal to both Houses of Congress not later than 30 days before the removal. ''; and (2) in section 1103(a) by-- (A) redesignating paragraph (9) as paragraph (12); (B) striking ``and'' at the end of paragraph (8); and (C) inserting after paragraph (8) the following: ``(9) serving as the principal advisor to the President on Federal human capital policies and leading Federal civilian human capital efforts to attract and retain the optimal Federal workforce; ``(10) establishing a framework for Federal agency workforce management and working with stakeholders to develop policies that foster best practices in all human capital areas; ``(11) setting standards of practice and working collaboratively across the Federal human capital community; and''. 4. Such position shall be filled by a member of the Senior Executive Service in a designated career reserved position. ``(2) Subject to the authority, direction, and control of the Director, the Chief Management Officer shall perform such duties and exercise such powers as the Director may prescribe, including-- ``(A) assisting the Director and Deputy Director to provide continuity, strengthen internal agency organization and management, promoting the mission and strategic goals of the Office, and improving Office performance; ``(B) serving as the principal advisor to the Director on all operations, activities, and programs in the Office; ``(C) directing the associate Directors, program divisions, and support functions of the Office on matters for which the Chief Management Officer has responsibility; ``(D) establishing processes for supervising operations of the Office, including planning and processes, performance management, information technology management, and unifying management efforts across the Office; ``(E) aligning human resources policies and programs of the Office with the organization mission, goals and performance outcomes; ``(F) developing a culture of continuous learning and positive employee engagement within the Office to attract and retain employees; and ``(G) identifying leading practices and benchmarks relevant to the Officer's areas of responsibility.''. (2) Table of sections.--The table of sections for chapter 11 of such title is amended by striking the item relating to section 1102 and inserting the following: ``1102. Director; Deputy Director; Associate Directors; Chief Management Officer.''. SEC. 5. OPM ADVISORY COMMITTEE ON HUMAN CAPITAL MANAGEMENT. 1106. ``(2) Duties.--The Advisory Committee shall advise and provide information and recommendations to the Director on-- ``(A) strategies for making the Federal Government an employer of choice and model employer; ``(B) approaches for recruiting, hiring, and retaining people with needed skills to improve Federal services; and ``(C) programs and initiatives to build and support a diverse, trusted, and effective Federal workforce. ``(b) Membership.-- ``(1) In general.-- ``(A) Appointment.--The Director shall appoint not more than 15 members, excluding ex officio members in paragraph (2), to the Advisory Committee. ``(ii) Nonprofit organizations, including labor unions. ``(iii) Private sector organizations. ``(iv) Academia. ``(v) Federal employee, retiree, and labor organizations, including organizations that represent substantial numbers of Federal employees occupying General Schedule positions. ``(c) Administrative Provisions.-- ``(1) Meetings.-- ``(A) In general.--The Advisory Committee shall meet at least two times per year, with additional meetings as required. ``(B) Opportunity for public comment.--Each meeting shall include, at a minimum, opportunity for public comment during the Advisory Committee's deliberations. The Advisory Committee's bylaws shall be established by the chairperson and vice chairperson and shall be submitted to the members for unanimous approval by the members. ``(3) Quorum.--Seven members of the Advisory Committee shall constitute a quorum. ``(4) Decisions and recommendations by consensus.--All decisions, activities, findings, and recommendations of the Advisory Committee shall be made by consensus of the members of the Advisory Committee. ``(d) Annual Report.--Not later than one year after the date of the first meeting of the Advisory Committee and annually thereafter, the Advisory Committee shall submit an annual report to the Director, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate. The Director shall make the report available online on a publicly accessible website. The report shall contain-- ``(1) a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Advisory Committee during the previous year; ``(2) if applicable, any agency actions taken to address the findings and recommendations made by the Advisory Committee; and ``(3) a detailed list of subjects and areas of interest that the Advisory Committee plans to examine in the next year.''.

To amend title 5, United States Code, to reaffirm the role of the Office of Personnel Management as the leader for civilian human resource management in the Federal Government, to encourage innovation in the Office's management of human capital, to strengthen the Office's ability to support Federal human capital management as a strategic priority, and for other purposes. Section 1101 of title 5, United States, Code is amended-- (1) by striking ``The Office of Personnel Management'' and inserting ``(a) Establishment.--The Office of Personnel Management''; and (2) by adding at the end the following: ``(b) Mission.--The Office of Personnel Management shall lead the Federal Government in enterprise strategic human resources management, ensure the proper application of merit system principles for all Federal civilian human resource systems and employees, and carry out the policies set forth in section 3 of the Civil Service Reform Act of 1978 (Public Law 95-454). QUALIFICATIONS OF OPM DIRECTOR. Chapter 11 of title 5, United States Code, is amended-- (1) in section 1102-- (A) in subsection (a), by adding at the end after the period the following: ``The individual appointed as Director shall be appointed without regard to political affiliation and have demonstrated human capital expertise and management and leadership experience. ''; and (B) by adding after subsection (d) the following: ``(e) An individual serving as Director or Deputy Director may be removed from office by the President only if the reasons for such removal are specifically set forth in a written statement submitted to the Committee on Oversight and Reform in the House of Representatives and the Committee on Homeland Security and Governmental Affairs in the Senate. a) In General.--Section 1102 of title 5, United States Code, as amended by section 3, is further amended by adding at the end the following: ``(f)(1) There is established within the Office of Personnel Management the position of Chief Management Officer. Such position shall be filled by a member of the Senior Executive Service in a designated career reserved position. The Director shall establish and appoint an individual to occupy such position not later than 90 days after the date of enactment of the Strengthening the Office of Personnel Management Act. (b) Clerical Amendments.-- (1) Section heading.--The section heading for section 1102 of title 5, United States Code, is amended by adding after ``Associate Directors'' the following: ``; Chief Management Officer''. ( OPM Advisory Committee on Human Capital Management ``(a) Establishment.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Strengthening the Office of Personnel Management Act, the Director of the Office of Personnel Management (in this section referred to as the `Director') shall establish within the Office an advisory committee to be known as the `OPM Advisory Committee on Human Capital Management' (in this section referred to as the `Advisory Committee'). ``(b) Membership.-- ``(1) In general.-- ``(A) Appointment.--The Director shall appoint not more than 15 members, excluding ex officio members in paragraph (2), to the Advisory Committee. ``(B) Opportunity for public comment.--Each meeting shall include, at a minimum, opportunity for public comment during the Advisory Committee's deliberations. The Advisory Committee's bylaws shall be established by the chairperson and vice chairperson and shall be submitted to the members for unanimous approval by the members. The report shall contain-- ``(1) a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Advisory Committee during the previous year; ``(2) if applicable, any agency actions taken to address the findings and recommendations made by the Advisory Committee; and ``(3) a detailed list of subjects and areas of interest that the Advisory Committee plans to examine in the next year.''. (

To amend title 5, United States Code, to reaffirm the role of the Office of Personnel Management as the leader for civilian human resource management in the Federal Government, to encourage innovation in the Office's management of human capital, to strengthen the Office's ability to support Federal human capital management as a strategic priority, and for other purposes. Section 1101 of title 5, United States, Code is amended-- (1) by striking ``The Office of Personnel Management'' and inserting ``(a) Establishment.--The Office of Personnel Management''; and (2) by adding at the end the following: ``(b) Mission.--The Office of Personnel Management shall lead the Federal Government in enterprise strategic human resources management, ensure the proper application of merit system principles for all Federal civilian human resource systems and employees, and carry out the policies set forth in section 3 of the Civil Service Reform Act of 1978 (Public Law 95-454). Chapter 11 of title 5, United States Code, is amended-- (1) in section 1102-- (A) in subsection (a), by adding at the end after the period the following: ``The individual appointed as Director shall be appointed without regard to political affiliation and have demonstrated human capital expertise and management and leadership experience. ''; and (B) by adding after subsection (d) the following: ``(e) An individual serving as Director or Deputy Director may be removed from office by the President only if the reasons for such removal are specifically set forth in a written statement submitted to the Committee on Oversight and Reform in the House of Representatives and the Committee on Homeland Security and Governmental Affairs in the Senate. b) Clerical Amendments.-- (1) Section heading.--The section heading for section 1102 of title 5, United States Code, is amended by adding after ``Associate Directors'' the following: ``; Chief Management Officer''. ( OPM Advisory Committee on Human Capital Management ``(a) Establishment.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Strengthening the Office of Personnel Management Act, the Director of the Office of Personnel Management (in this section referred to as the `Director') shall establish within the Office an advisory committee to be known as the `OPM Advisory Committee on Human Capital Management' (in this section referred to as the `Advisory Committee'). ``(2) Duties.--The Advisory Committee shall advise and provide information and recommendations to the Director on-- ``(A) strategies for making the Federal Government an employer of choice and model employer; ``(B) approaches for recruiting, hiring, and retaining people with needed skills to improve Federal services; and ``(C) programs and initiatives to build and support a diverse, trusted, and effective Federal workforce. ``(iii) Private sector organizations. ``(2) Bylaws.--At the first meeting of the Advisory Committee, the members shall select a chairperson and vice chairperson. ``(d) Annual Report.--Not later than one year after the date of the first meeting of the Advisory Committee and annually thereafter, the Advisory Committee shall submit an annual report to the Director, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate. The report shall contain-- ``(1) a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Advisory Committee during the previous year; ``(2) if applicable, any agency actions taken to address the findings and recommendations made by the Advisory Committee; and ``(3) a detailed list of subjects and areas of interest that the Advisory Committee plans to examine in the next year.''. (

To amend title 5, United States Code, to reaffirm the role of the Office of Personnel Management as the leader for civilian human resource management in the Federal Government, to encourage innovation in the Office's management of human capital, to strengthen the Office's ability to support Federal human capital management as a strategic priority, and for other purposes. Section 1101 of title 5, United States, Code is amended-- (1) by striking ``The Office of Personnel Management'' and inserting ``(a) Establishment.--The Office of Personnel Management''; and (2) by adding at the end the following: ``(b) Mission.--The Office of Personnel Management shall lead the Federal Government in enterprise strategic human resources management, ensure the proper application of merit system principles for all Federal civilian human resource systems and employees, and carry out the policies set forth in section 3 of the Civil Service Reform Act of 1978 (Public Law 95-454). Chapter 11 of title 5, United States Code, is amended-- (1) in section 1102-- (A) in subsection (a), by adding at the end after the period the following: ``The individual appointed as Director shall be appointed without regard to political affiliation and have demonstrated human capital expertise and management and leadership experience. ''; and (B) by adding after subsection (d) the following: ``(e) An individual serving as Director or Deputy Director may be removed from office by the President only if the reasons for such removal are specifically set forth in a written statement submitted to the Committee on Oversight and Reform in the House of Representatives and the Committee on Homeland Security and Governmental Affairs in the Senate. b) Clerical Amendments.-- (1) Section heading.--The section heading for section 1102 of title 5, United States Code, is amended by adding after ``Associate Directors'' the following: ``; Chief Management Officer''. ( OPM Advisory Committee on Human Capital Management ``(a) Establishment.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Strengthening the Office of Personnel Management Act, the Director of the Office of Personnel Management (in this section referred to as the `Director') shall establish within the Office an advisory committee to be known as the `OPM Advisory Committee on Human Capital Management' (in this section referred to as the `Advisory Committee'). ``(2) Duties.--The Advisory Committee shall advise and provide information and recommendations to the Director on-- ``(A) strategies for making the Federal Government an employer of choice and model employer; ``(B) approaches for recruiting, hiring, and retaining people with needed skills to improve Federal services; and ``(C) programs and initiatives to build and support a diverse, trusted, and effective Federal workforce. ``(iii) Private sector organizations. ``(2) Bylaws.--At the first meeting of the Advisory Committee, the members shall select a chairperson and vice chairperson. ``(d) Annual Report.--Not later than one year after the date of the first meeting of the Advisory Committee and annually thereafter, the Advisory Committee shall submit an annual report to the Director, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate. The report shall contain-- ``(1) a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Advisory Committee during the previous year; ``(2) if applicable, any agency actions taken to address the findings and recommendations made by the Advisory Committee; and ``(3) a detailed list of subjects and areas of interest that the Advisory Committee plans to examine in the next year.''. (

To amend title 5, United States Code, to reaffirm the role of the Office of Personnel Management as the leader for civilian human resource management in the Federal Government, to encourage innovation in the Office's management of human capital, to strengthen the Office's ability to support Federal human capital management as a strategic priority, and for other purposes. Section 1101 of title 5, United States, Code is amended-- (1) by striking ``The Office of Personnel Management'' and inserting ``(a) Establishment.--The Office of Personnel Management''; and (2) by adding at the end the following: ``(b) Mission.--The Office of Personnel Management shall lead the Federal Government in enterprise strategic human resources management, ensure the proper application of merit system principles for all Federal civilian human resource systems and employees, and carry out the policies set forth in section 3 of the Civil Service Reform Act of 1978 (Public Law 95-454). QUALIFICATIONS OF OPM DIRECTOR. Chapter 11 of title 5, United States Code, is amended-- (1) in section 1102-- (A) in subsection (a), by adding at the end after the period the following: ``The individual appointed as Director shall be appointed without regard to political affiliation and have demonstrated human capital expertise and management and leadership experience. ''; and (B) by adding after subsection (d) the following: ``(e) An individual serving as Director or Deputy Director may be removed from office by the President only if the reasons for such removal are specifically set forth in a written statement submitted to the Committee on Oversight and Reform in the House of Representatives and the Committee on Homeland Security and Governmental Affairs in the Senate. a) In General.--Section 1102 of title 5, United States Code, as amended by section 3, is further amended by adding at the end the following: ``(f)(1) There is established within the Office of Personnel Management the position of Chief Management Officer. Such position shall be filled by a member of the Senior Executive Service in a designated career reserved position. The Director shall establish and appoint an individual to occupy such position not later than 90 days after the date of enactment of the Strengthening the Office of Personnel Management Act. (b) Clerical Amendments.-- (1) Section heading.--The section heading for section 1102 of title 5, United States Code, is amended by adding after ``Associate Directors'' the following: ``; Chief Management Officer''. ( OPM Advisory Committee on Human Capital Management ``(a) Establishment.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Strengthening the Office of Personnel Management Act, the Director of the Office of Personnel Management (in this section referred to as the `Director') shall establish within the Office an advisory committee to be known as the `OPM Advisory Committee on Human Capital Management' (in this section referred to as the `Advisory Committee'). ``(b) Membership.-- ``(1) In general.-- ``(A) Appointment.--The Director shall appoint not more than 15 members, excluding ex officio members in paragraph (2), to the Advisory Committee. ``(B) Opportunity for public comment.--Each meeting shall include, at a minimum, opportunity for public comment during the Advisory Committee's deliberations. The Advisory Committee's bylaws shall be established by the chairperson and vice chairperson and shall be submitted to the members for unanimous approval by the members. The report shall contain-- ``(1) a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Advisory Committee during the previous year; ``(2) if applicable, any agency actions taken to address the findings and recommendations made by the Advisory Committee; and ``(3) a detailed list of subjects and areas of interest that the Advisory Committee plans to examine in the next year.''. (

To amend title 5, United States Code, to reaffirm the role of the Office of Personnel Management as the leader for civilian human resource management in the Federal Government, to encourage innovation in the Office's management of human capital, to strengthen the Office's ability to support Federal human capital management as a strategic priority, and for other purposes. Section 1101 of title 5, United States, Code is amended-- (1) by striking ``The Office of Personnel Management'' and inserting ``(a) Establishment.--The Office of Personnel Management''; and (2) by adding at the end the following: ``(b) Mission.--The Office of Personnel Management shall lead the Federal Government in enterprise strategic human resources management, ensure the proper application of merit system principles for all Federal civilian human resource systems and employees, and carry out the policies set forth in section 3 of the Civil Service Reform Act of 1978 (Public Law 95-454). Chapter 11 of title 5, United States Code, is amended-- (1) in section 1102-- (A) in subsection (a), by adding at the end after the period the following: ``The individual appointed as Director shall be appointed without regard to political affiliation and have demonstrated human capital expertise and management and leadership experience. ''; and (B) by adding after subsection (d) the following: ``(e) An individual serving as Director or Deputy Director may be removed from office by the President only if the reasons for such removal are specifically set forth in a written statement submitted to the Committee on Oversight and Reform in the House of Representatives and the Committee on Homeland Security and Governmental Affairs in the Senate. b) Clerical Amendments.-- (1) Section heading.--The section heading for section 1102 of title 5, United States Code, is amended by adding after ``Associate Directors'' the following: ``; Chief Management Officer''. ( OPM Advisory Committee on Human Capital Management ``(a) Establishment.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Strengthening the Office of Personnel Management Act, the Director of the Office of Personnel Management (in this section referred to as the `Director') shall establish within the Office an advisory committee to be known as the `OPM Advisory Committee on Human Capital Management' (in this section referred to as the `Advisory Committee'). ``(2) Duties.--The Advisory Committee shall advise and provide information and recommendations to the Director on-- ``(A) strategies for making the Federal Government an employer of choice and model employer; ``(B) approaches for recruiting, hiring, and retaining people with needed skills to improve Federal services; and ``(C) programs and initiatives to build and support a diverse, trusted, and effective Federal workforce. ``(iii) Private sector organizations. ``(2) Bylaws.--At the first meeting of the Advisory Committee, the members shall select a chairperson and vice chairperson. ``(d) Annual Report.--Not later than one year after the date of the first meeting of the Advisory Committee and annually thereafter, the Advisory Committee shall submit an annual report to the Director, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate. The report shall contain-- ``(1) a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Advisory Committee during the previous year; ``(2) if applicable, any agency actions taken to address the findings and recommendations made by the Advisory Committee; and ``(3) a detailed list of subjects and areas of interest that the Advisory Committee plans to examine in the next year.''. (

To amend title 5, United States Code, to reaffirm the role of the Office of Personnel Management as the leader for civilian human resource management in the Federal Government, to encourage innovation in the Office's management of human capital, to strengthen the Office's ability to support Federal human capital management as a strategic priority, and for other purposes. Section 1101 of title 5, United States, Code is amended-- (1) by striking ``The Office of Personnel Management'' and inserting ``(a) Establishment.--The Office of Personnel Management''; and (2) by adding at the end the following: ``(b) Mission.--The Office of Personnel Management shall lead the Federal Government in enterprise strategic human resources management, ensure the proper application of merit system principles for all Federal civilian human resource systems and employees, and carry out the policies set forth in section 3 of the Civil Service Reform Act of 1978 (Public Law 95-454). QUALIFICATIONS OF OPM DIRECTOR. Chapter 11 of title 5, United States Code, is amended-- (1) in section 1102-- (A) in subsection (a), by adding at the end after the period the following: ``The individual appointed as Director shall be appointed without regard to political affiliation and have demonstrated human capital expertise and management and leadership experience. ''; and (B) by adding after subsection (d) the following: ``(e) An individual serving as Director or Deputy Director may be removed from office by the President only if the reasons for such removal are specifically set forth in a written statement submitted to the Committee on Oversight and Reform in the House of Representatives and the Committee on Homeland Security and Governmental Affairs in the Senate. a) In General.--Section 1102 of title 5, United States Code, as amended by section 3, is further amended by adding at the end the following: ``(f)(1) There is established within the Office of Personnel Management the position of Chief Management Officer. Such position shall be filled by a member of the Senior Executive Service in a designated career reserved position. The Director shall establish and appoint an individual to occupy such position not later than 90 days after the date of enactment of the Strengthening the Office of Personnel Management Act. (b) Clerical Amendments.-- (1) Section heading.--The section heading for section 1102 of title 5, United States Code, is amended by adding after ``Associate Directors'' the following: ``; Chief Management Officer''. ( OPM Advisory Committee on Human Capital Management ``(a) Establishment.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Strengthening the Office of Personnel Management Act, the Director of the Office of Personnel Management (in this section referred to as the `Director') shall establish within the Office an advisory committee to be known as the `OPM Advisory Committee on Human Capital Management' (in this section referred to as the `Advisory Committee'). ``(b) Membership.-- ``(1) In general.-- ``(A) Appointment.--The Director shall appoint not more than 15 members, excluding ex officio members in paragraph (2), to the Advisory Committee. ``(B) Opportunity for public comment.--Each meeting shall include, at a minimum, opportunity for public comment during the Advisory Committee's deliberations. The Advisory Committee's bylaws shall be established by the chairperson and vice chairperson and shall be submitted to the members for unanimous approval by the members. The report shall contain-- ``(1) a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Advisory Committee during the previous year; ``(2) if applicable, any agency actions taken to address the findings and recommendations made by the Advisory Committee; and ``(3) a detailed list of subjects and areas of interest that the Advisory Committee plans to examine in the next year.''. (

To amend title 5, United States Code, to reaffirm the role of the Office of Personnel Management as the leader for civilian human resource management in the Federal Government, to encourage innovation in the Office's management of human capital, to strengthen the Office's ability to support Federal human capital management as a strategic priority, and for other purposes. Section 1101 of title 5, United States, Code is amended-- (1) by striking ``The Office of Personnel Management'' and inserting ``(a) Establishment.--The Office of Personnel Management''; and (2) by adding at the end the following: ``(b) Mission.--The Office of Personnel Management shall lead the Federal Government in enterprise strategic human resources management, ensure the proper application of merit system principles for all Federal civilian human resource systems and employees, and carry out the policies set forth in section 3 of the Civil Service Reform Act of 1978 (Public Law 95-454). ( OPM Advisory Committee on Human Capital Management ``(a) Establishment.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Strengthening the Office of Personnel Management Act, the Director of the Office of Personnel Management (in this section referred to as the `Director') shall establish within the Office an advisory committee to be known as the `OPM Advisory Committee on Human Capital Management' (in this section referred to as the `Advisory Committee'). The report shall contain-- ``(1) a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Advisory Committee during the previous year; ``(2) if applicable, any agency actions taken to address the findings and recommendations made by the Advisory Committee; and ``(3) a detailed list of subjects and areas of interest that the Advisory Committee plans to examine in the next year.''. (

To amend title 5, United States Code, to reaffirm the role of the Office of Personnel Management as the leader for civilian human resource management in the Federal Government, to encourage innovation in the Office's management of human capital, to strengthen the Office's ability to support Federal human capital management as a strategic priority, and for other purposes. Chapter 11 of title 5, United States Code, is amended-- (1) in section 1102-- (A) in subsection (a), by adding at the end after the period the following: ``The individual appointed as Director shall be appointed without regard to political affiliation and have demonstrated human capital expertise and management and leadership experience. ''; and (B) by adding after subsection (d) the following: ``(e) An individual serving as Director or Deputy Director may be removed from office by the President only if the reasons for such removal are specifically set forth in a written statement submitted to the Committee on Oversight and Reform in the House of Representatives and the Committee on Homeland Security and Governmental Affairs in the Senate. a) In General.--Section 1102 of title 5, United States Code, as amended by section 3, is further amended by adding at the end the following: ``(f)(1) There is established within the Office of Personnel Management the position of Chief Management Officer. ( OPM Advisory Committee on Human Capital Management ``(a) Establishment.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Strengthening the Office of Personnel Management Act, the Director of the Office of Personnel Management (in this section referred to as the `Director') shall establish within the Office an advisory committee to be known as the `OPM Advisory Committee on Human Capital Management' (in this section referred to as the `Advisory Committee'). ``(B) Opportunity for public comment.--Each meeting shall include, at a minimum, opportunity for public comment during the Advisory Committee's deliberations.

To amend title 5, United States Code, to reaffirm the role of the Office of Personnel Management as the leader for civilian human resource management in the Federal Government, to encourage innovation in the Office's management of human capital, to strengthen the Office's ability to support Federal human capital management as a strategic priority, and for other purposes. Section 1101 of title 5, United States, Code is amended-- (1) by striking ``The Office of Personnel Management'' and inserting ``(a) Establishment.--The Office of Personnel Management''; and (2) by adding at the end the following: ``(b) Mission.--The Office of Personnel Management shall lead the Federal Government in enterprise strategic human resources management, ensure the proper application of merit system principles for all Federal civilian human resource systems and employees, and carry out the policies set forth in section 3 of the Civil Service Reform Act of 1978 (Public Law 95-454). ( OPM Advisory Committee on Human Capital Management ``(a) Establishment.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Strengthening the Office of Personnel Management Act, the Director of the Office of Personnel Management (in this section referred to as the `Director') shall establish within the Office an advisory committee to be known as the `OPM Advisory Committee on Human Capital Management' (in this section referred to as the `Advisory Committee'). The report shall contain-- ``(1) a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Advisory Committee during the previous year; ``(2) if applicable, any agency actions taken to address the findings and recommendations made by the Advisory Committee; and ``(3) a detailed list of subjects and areas of interest that the Advisory Committee plans to examine in the next year.''. (

To amend title 5, United States Code, to reaffirm the role of the Office of Personnel Management as the leader for civilian human resource management in the Federal Government, to encourage innovation in the Office's management of human capital, to strengthen the Office's ability to support Federal human capital management as a strategic priority, and for other purposes. Chapter 11 of title 5, United States Code, is amended-- (1) in section 1102-- (A) in subsection (a), by adding at the end after the period the following: ``The individual appointed as Director shall be appointed without regard to political affiliation and have demonstrated human capital expertise and management and leadership experience. ''; and (B) by adding after subsection (d) the following: ``(e) An individual serving as Director or Deputy Director may be removed from office by the President only if the reasons for such removal are specifically set forth in a written statement submitted to the Committee on Oversight and Reform in the House of Representatives and the Committee on Homeland Security and Governmental Affairs in the Senate. a) In General.--Section 1102 of title 5, United States Code, as amended by section 3, is further amended by adding at the end the following: ``(f)(1) There is established within the Office of Personnel Management the position of Chief Management Officer. ( OPM Advisory Committee on Human Capital Management ``(a) Establishment.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Strengthening the Office of Personnel Management Act, the Director of the Office of Personnel Management (in this section referred to as the `Director') shall establish within the Office an advisory committee to be known as the `OPM Advisory Committee on Human Capital Management' (in this section referred to as the `Advisory Committee'). ``(B) Opportunity for public comment.--Each meeting shall include, at a minimum, opportunity for public comment during the Advisory Committee's deliberations.

Strengthening the Office of Personnel Management Act - Establishes the office of the Director of the Office to: (1) lead the federal government in enterprise strategic human resources management, ensure the proper application of merit system principles for all federal civilian human resource systems and employees, and carry out the policies set forth in the Civil Service Reform Act of 1978; (2) function as Directs the Director of the Office of Personnel Management (OPM) to establish within the Office an advisory committee to advise and provide information and recommendations to the Director on: (1) strategies for making the federal government an employer of choice and model employer; (2) approaches for recruiting, hiring, and retaining people with needed skills to improve federal services; and (3) programs and

S.5303

Health

Health Marketplace for All Act of 2022 This bill permits entities such as self-employed companies and membership organizations to form health marketplace pools to offer large group health insurance plans as a single employer. (In general, large group health plans cover employees of an employer that has 51 or more employees; in some states, large groups are defined as 101 employees or more.) Subject to specified nondiscrimination rules related to preexisting conditions and health status, health marketplace pools must offer plans to all members or employees of the pool on an equal basis. Health marketplace pools are not considered joint employers for the purpose of other federal labor or employment laws.

To amend the Employee Retirement Income Security Act of 1974 to allow health marketplace pools to be deemed an employer under section 3(5) of such Act for purposes of offering a group health plan or group health insurance coverage, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Marketplace for All Act of 2022''. SEC. 2. HEALTH MARKETPLACE POOLS DEEMED AN ``EMPLOYER'' FOR PURPOSES OF OFFERING GROUP HEALTH PLANS OR GROUP HEALTH INSURANCE COVERAGE. (a) Definition of Employer.--Section 3(5) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(5)) is amended by adding at the end the following: ``Such term shall be deemed to include, for purposes of offering a group health plan (as defined in section 733(a)(1)) or group health insurance coverage (as defined in section 733(b)(4)) (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with section 736(b)(5)(B)), any entity that meets the requirements under section 736(b).''. (b) Group Health Plans and Group Health Insurance Coverage.--Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.) is amended by adding at the end the following: ``SEC. 736. HEALTH MARKETPLACE POOLS DEEMED AN `EMPLOYER' FOR PURPOSES OF OFFERING GROUP HEALTH PLANS OR GROUP HEALTH INSURANCE COVERAGE. ``(a) In General.--An entity (referred to in this section as a `health marketplace pool') that meets the requirements under subsection (b) shall be deemed an employer under section 3(5) for purposes of offering a group health plan or group health insurance coverage (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with subsection (b)(5)(B)). ``(b) Requirements for Health Marketplace Pools.--The requirements under this subsection are each of the following: ``(1) Organization.--The health marketplace pool shall-- ``(A) be formed and maintained in good faith for a purpose that includes the formation of a risk pool in order to offer group health insurance coverage or a group health plan to its members; and ``(B) not condition membership in the health marketplace pool on any health status-related factor relating to an individual (including an employee of an employer or a dependent of an employee). ``(2) Offering group health plans and group health insurance coverage.-- ``(A) Different groups.-- ``(i) In general.--The health marketplace pool, which may be in conjunction with a health insurance issuer that offers group health insurance coverage through the health marketplace pool, shall make available a group health plan or group health insurance coverage to all members of the health marketplace pool (and, in the case of members that are employers, employees of the employers) at rates that-- ``(I) are established by the health marketplace pool, or a health insurance issuer contracting with such health marketplace pool, on a policy or product specific basis; and ``(II) subject to sections 701 and 702, may vary for individuals covered through the health marketplace pool. ``(ii) Permissible coverage for dependents.--Such group health plan or group health insurance coverage may be made available under clause (i) to any dependents of members of the health marketplace pool or dependents of employees of employers that are such members. ``(B) Nondiscrimination in coverage offered.-- ``(i) In general.--Subject to clause (ii), the health marketplace pool may not offer coverage under a group health plan or group health insurance coverage to a member of the health marketplace pool unless the same coverage is offered to all such members of the health marketplace pool. ``(ii) Construction.--Nothing in this subsection shall be construed as requiring a health insurance issuer or group health plan to provide coverage outside the service area of the issuer or plan, or preventing a health insurance issuer or group health plan from underwriting or from excluding or limiting the coverage on any individual, subject to the requirements under sections 701 and 702. ``(C) Assumption of risk.--The health marketplace pool may provide-- ``(i) group health insurance coverage through a contract with a health insurance issuer; or ``(ii) a group health plan through self- insurance. ``(3) Geographic areas.--Nothing in this subsection shall be construed as preventing the establishment and operation of more than 1 health marketplace pool in a geographic area or as limiting the number of health marketplace pools that may operate in any area. ``(4) Provision of administrative services to purchasers.-- The health marketplace pool may provide administrative services for members. Such services may include accounting, billing, and enrollment information. ``(5) Drug coverage.--The group health plan or group health insurance coverage offered by the health marketplace pool may offer-- ``(A) drug coverage, including coverage of over- the-counter drugs, in combination with other benefits covered by the group health plan or group health insurance coverage; or ``(B) notwithstanding any other provision of law, drug coverage, including coverage of over-the-counter drugs, as the only benefit covered by the group health plan or group health insurance coverage. ``(6) Members.-- ``(A) In general.--With respect to an individual who is a member of the health marketplace pool-- ``(i) the individual may enroll for coverage under the group health plan or group health insurance coverage offered by the health marketplace pool (including, if applicable, enrollment for coverage for a dependent of such individual); or ``(ii) the employer of the individual may enroll the individual for coverage under the group health plan or group health insurance coverage offered by the health marketplace pool (including, if applicable, enrollment for coverage for a dependent of such individual). ``(B) Eligibility.--An individual shall be eligible to be a member of the health marketplace pool if such individual is-- ``(i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); ``(ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or ``(iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). ``(C) Rules for enrollment.--Nothing in this paragraph shall preclude the health marketplace pool from establishing rules of enrollment and reenrollment of members. Such rules shall be applied consistently to all members within the health marketplace pool and shall not be based in any manner on health status- related factors in accordance with sections 701 and 702. ``(c) Determination of Employer and Joint Employer Status.-- Participating in or facilitating a group health plan or group health insurance coverage under this section shall not be construed as establishing under any Federal or State law-- ``(1) an employer relationship for any purpose other than offering the group health plan or group health insurance coverage; or ``(2) a joint employer relationship for any purpose. ``(d) Definition.--In this section, the term `dependent', as applied to a group health plan or group health insurance coverage offered in a State, shall have the meaning applied to such term with respect to such plan or coverage under the State law applying to such plan or coverage. Such term may include the spouse and children of the individual involved in accordance with such State law.''. SEC. 3. CONFORMING AMENDMENTS. Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002) is amended-- (1) in paragraph (6), by inserting before the period ``, except (with respect to an entity meeting the requirements under section 736(b)) such term includes any member of such entity''; (2) in paragraph (21)-- (A) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (B) by adding at the end the following: ``(C) With respect to a person that is a member of an entity (referred to in section 736 and this subparagraph as a `health marketplace pool') that meets the requirements of section 736(b) and offers a group health plan (as defined in section 733(a)(1)) or group health insurance coverage (as defined in section 733(b)(4)) (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage), membership in the health marketplace pool shall not by itself cause the person to be a fiduciary with respect to the group health plan or group health insurance coverage.''; and (3) in paragraph (40)(A)-- (A) in clause (ii), by striking ``, or'' and inserting ``,''; (B) in clause (iii), by striking the period and inserting ``, or''; and (C) by adding at the end the following: ``(iv) as a group health plan (as defined in section 733(a)(1)), or group health insurance coverage (as defined in section 733(b)(4)), offered by an entity meeting the requirements under section 736(b) (which, notwithstanding any other provision of law, may include such an entity offering such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage).''. <all>

Health Marketplace for All Act of 2022

A bill to amend the Employee Retirement Income Security Act of 1974 to allow health marketplace pools to be deemed an employer under section 3(5) of such Act for purposes of offering a group health plan or group health insurance coverage, and for other purposes.

Health Marketplace for All Act of 2022

Sen. Paul, Rand

R

KY

This bill permits entities such as self-employed companies and membership organizations to form health marketplace pools to offer large group health insurance plans as a single employer. (In general, large group health plans cover employees of an employer that has 51 or more employees; in some states, large groups are defined as 101 employees or more.) Subject to specified nondiscrimination rules related to preexisting conditions and health status, health marketplace pools must offer plans to all members or employees of the pool on an equal basis. Health marketplace pools are not considered joint employers for the purpose of other federal labor or employment laws.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. HEALTH MARKETPLACE POOLS DEEMED AN ``EMPLOYER'' FOR PURPOSES OF OFFERING GROUP HEALTH PLANS OR GROUP HEALTH INSURANCE COVERAGE. 1181 et seq.) is amended by adding at the end the following: ``SEC. 736. ``(ii) Construction.--Nothing in this subsection shall be construed as requiring a health insurance issuer or group health plan to provide coverage outside the service area of the issuer or plan, or preventing a health insurance issuer or group health plan from underwriting or from excluding or limiting the coverage on any individual, subject to the requirements under sections 701 and 702. Such services may include accounting, billing, and enrollment information. ``(5) Drug coverage.--The group health plan or group health insurance coverage offered by the health marketplace pool may offer-- ``(A) drug coverage, including coverage of over- the-counter drugs, in combination with other benefits covered by the group health plan or group health insurance coverage; or ``(B) notwithstanding any other provision of law, drug coverage, including coverage of over-the-counter drugs, as the only benefit covered by the group health plan or group health insurance coverage. ``(B) Eligibility.--An individual shall be eligible to be a member of the health marketplace pool if such individual is-- ``(i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); ``(ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or ``(iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). Such rules shall be applied consistently to all members within the health marketplace pool and shall not be based in any manner on health status- related factors in accordance with sections 701 and 702. Such term may include the spouse and children of the individual involved in accordance with such State law.''. 3. CONFORMING AMENDMENTS. Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. ''; and (3) in paragraph (40)(A)-- (A) in clause (ii), by striking ``, or'' and inserting ``,''; (B) in clause (iii), by striking the period and inserting ``, or''; and (C) by adding at the end the following: ``(iv) as a group health plan (as defined in section 733(a)(1)), or group health insurance coverage (as defined in section 733(b)(4)), offered by an entity meeting the requirements under section 736(b) (which, notwithstanding any other provision of law, may include such an entity offering such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage).''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. HEALTH MARKETPLACE POOLS DEEMED AN ``EMPLOYER'' FOR PURPOSES OF OFFERING GROUP HEALTH PLANS OR GROUP HEALTH INSURANCE COVERAGE. is amended by adding at the end the following: ``SEC. 736. ``(ii) Construction.--Nothing in this subsection shall be construed as requiring a health insurance issuer or group health plan to provide coverage outside the service area of the issuer or plan, or preventing a health insurance issuer or group health plan from underwriting or from excluding or limiting the coverage on any individual, subject to the requirements under sections 701 and 702. Such services may include accounting, billing, and enrollment information. ``(5) Drug coverage.--The group health plan or group health insurance coverage offered by the health marketplace pool may offer-- ``(A) drug coverage, including coverage of over- the-counter drugs, in combination with other benefits covered by the group health plan or group health insurance coverage; or ``(B) notwithstanding any other provision of law, drug coverage, including coverage of over-the-counter drugs, as the only benefit covered by the group health plan or group health insurance coverage. ``(B) Eligibility.--An individual shall be eligible to be a member of the health marketplace pool if such individual is-- ``(i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); ``(ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or ``(iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). Such term may include the spouse and children of the individual involved in accordance with such State law.''. 3. Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. HEALTH MARKETPLACE POOLS DEEMED AN ``EMPLOYER'' FOR PURPOSES OF OFFERING GROUP HEALTH PLANS OR GROUP HEALTH INSURANCE COVERAGE. 1181 et seq.) is amended by adding at the end the following: ``SEC. 736. ``(ii) Construction.--Nothing in this subsection shall be construed as requiring a health insurance issuer or group health plan to provide coverage outside the service area of the issuer or plan, or preventing a health insurance issuer or group health plan from underwriting or from excluding or limiting the coverage on any individual, subject to the requirements under sections 701 and 702. ``(4) Provision of administrative services to purchasers.-- The health marketplace pool may provide administrative services for members. Such services may include accounting, billing, and enrollment information. ``(5) Drug coverage.--The group health plan or group health insurance coverage offered by the health marketplace pool may offer-- ``(A) drug coverage, including coverage of over- the-counter drugs, in combination with other benefits covered by the group health plan or group health insurance coverage; or ``(B) notwithstanding any other provision of law, drug coverage, including coverage of over-the-counter drugs, as the only benefit covered by the group health plan or group health insurance coverage. ``(B) Eligibility.--An individual shall be eligible to be a member of the health marketplace pool if such individual is-- ``(i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); ``(ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or ``(iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). Such rules shall be applied consistently to all members within the health marketplace pool and shall not be based in any manner on health status- related factors in accordance with sections 701 and 702. ``(c) Determination of Employer and Joint Employer Status.-- Participating in or facilitating a group health plan or group health insurance coverage under this section shall not be construed as establishing under any Federal or State law-- ``(1) an employer relationship for any purpose other than offering the group health plan or group health insurance coverage; or ``(2) a joint employer relationship for any purpose. Such term may include the spouse and children of the individual involved in accordance with such State law.''. 3. CONFORMING AMENDMENTS. Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002) is amended-- (1) in paragraph (6), by inserting before the period ``, except (with respect to an entity meeting the requirements under section 736(b)) such term includes any member of such entity''; (2) in paragraph (21)-- (A) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (B) by adding at the end the following: ``(C) With respect to a person that is a member of an entity (referred to in section 736 and this subparagraph as a `health marketplace pool') that meets the requirements of section 736(b) and offers a group health plan (as defined in section 733(a)(1)) or group health insurance coverage (as defined in section 733(b)(4)) (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage), membership in the health marketplace pool shall not by itself cause the person to be a fiduciary with respect to the group health plan or group health insurance coverage. ''; and (3) in paragraph (40)(A)-- (A) in clause (ii), by striking ``, or'' and inserting ``,''; (B) in clause (iii), by striking the period and inserting ``, or''; and (C) by adding at the end the following: ``(iv) as a group health plan (as defined in section 733(a)(1)), or group health insurance coverage (as defined in section 733(b)(4)), offered by an entity meeting the requirements under section 736(b) (which, notwithstanding any other provision of law, may include such an entity offering such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage).''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Marketplace for All Act of 2022''. 2. HEALTH MARKETPLACE POOLS DEEMED AN ``EMPLOYER'' FOR PURPOSES OF OFFERING GROUP HEALTH PLANS OR GROUP HEALTH INSURANCE COVERAGE. 1181 et seq.) is amended by adding at the end the following: ``SEC. 736. ``(2) Offering group health plans and group health insurance coverage.-- ``(A) Different groups.-- ``(i) In general.--The health marketplace pool, which may be in conjunction with a health insurance issuer that offers group health insurance coverage through the health marketplace pool, shall make available a group health plan or group health insurance coverage to all members of the health marketplace pool (and, in the case of members that are employers, employees of the employers) at rates that-- ``(I) are established by the health marketplace pool, or a health insurance issuer contracting with such health marketplace pool, on a policy or product specific basis; and ``(II) subject to sections 701 and 702, may vary for individuals covered through the health marketplace pool. ``(ii) Construction.--Nothing in this subsection shall be construed as requiring a health insurance issuer or group health plan to provide coverage outside the service area of the issuer or plan, or preventing a health insurance issuer or group health plan from underwriting or from excluding or limiting the coverage on any individual, subject to the requirements under sections 701 and 702. ``(C) Assumption of risk.--The health marketplace pool may provide-- ``(i) group health insurance coverage through a contract with a health insurance issuer; or ``(ii) a group health plan through self- insurance. ``(3) Geographic areas.--Nothing in this subsection shall be construed as preventing the establishment and operation of more than 1 health marketplace pool in a geographic area or as limiting the number of health marketplace pools that may operate in any area. ``(4) Provision of administrative services to purchasers.-- The health marketplace pool may provide administrative services for members. Such services may include accounting, billing, and enrollment information. ``(5) Drug coverage.--The group health plan or group health insurance coverage offered by the health marketplace pool may offer-- ``(A) drug coverage, including coverage of over- the-counter drugs, in combination with other benefits covered by the group health plan or group health insurance coverage; or ``(B) notwithstanding any other provision of law, drug coverage, including coverage of over-the-counter drugs, as the only benefit covered by the group health plan or group health insurance coverage. ``(B) Eligibility.--An individual shall be eligible to be a member of the health marketplace pool if such individual is-- ``(i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); ``(ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or ``(iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). Such rules shall be applied consistently to all members within the health marketplace pool and shall not be based in any manner on health status- related factors in accordance with sections 701 and 702. ``(c) Determination of Employer and Joint Employer Status.-- Participating in or facilitating a group health plan or group health insurance coverage under this section shall not be construed as establishing under any Federal or State law-- ``(1) an employer relationship for any purpose other than offering the group health plan or group health insurance coverage; or ``(2) a joint employer relationship for any purpose. Such term may include the spouse and children of the individual involved in accordance with such State law.''. 3. CONFORMING AMENDMENTS. Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002) is amended-- (1) in paragraph (6), by inserting before the period ``, except (with respect to an entity meeting the requirements under section 736(b)) such term includes any member of such entity''; (2) in paragraph (21)-- (A) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (B) by adding at the end the following: ``(C) With respect to a person that is a member of an entity (referred to in section 736 and this subparagraph as a `health marketplace pool') that meets the requirements of section 736(b) and offers a group health plan (as defined in section 733(a)(1)) or group health insurance coverage (as defined in section 733(b)(4)) (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage), membership in the health marketplace pool shall not by itself cause the person to be a fiduciary with respect to the group health plan or group health insurance coverage. ''; and (3) in paragraph (40)(A)-- (A) in clause (ii), by striking ``, or'' and inserting ``,''; (B) in clause (iii), by striking the period and inserting ``, or''; and (C) by adding at the end the following: ``(iv) as a group health plan (as defined in section 733(a)(1)), or group health insurance coverage (as defined in section 733(b)(4)), offered by an entity meeting the requirements under section 736(b) (which, notwithstanding any other provision of law, may include such an entity offering such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage).''.

To amend the Employee Retirement Income Security Act of 1974 to allow health marketplace pools to be deemed an employer under section 3(5) of such Act for purposes of offering a group health plan or group health insurance coverage, and for other purposes. b) Group Health Plans and Group Health Insurance Coverage.--Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.) is amended by adding at the end the following: ``SEC. ``(a) In General.--An entity (referred to in this section as a `health marketplace pool') that meets the requirements under subsection (b) shall be deemed an employer under section 3(5) for purposes of offering a group health plan or group health insurance coverage (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with subsection (b)(5)(B)). ``(ii) Permissible coverage for dependents.--Such group health plan or group health insurance coverage may be made available under clause (i) to any dependents of members of the health marketplace pool or dependents of employees of employers that are such members. ``(B) Nondiscrimination in coverage offered.-- ``(i) In general.--Subject to clause (ii), the health marketplace pool may not offer coverage under a group health plan or group health insurance coverage to a member of the health marketplace pool unless the same coverage is offered to all such members of the health marketplace pool. ``(ii) Construction.--Nothing in this subsection shall be construed as requiring a health insurance issuer or group health plan to provide coverage outside the service area of the issuer or plan, or preventing a health insurance issuer or group health plan from underwriting or from excluding or limiting the coverage on any individual, subject to the requirements under sections 701 and 702. ``(5) Drug coverage.--The group health plan or group health insurance coverage offered by the health marketplace pool may offer-- ``(A) drug coverage, including coverage of over- the-counter drugs, in combination with other benefits covered by the group health plan or group health insurance coverage; or ``(B) notwithstanding any other provision of law, drug coverage, including coverage of over-the-counter drugs, as the only benefit covered by the group health plan or group health insurance coverage. ``(B) Eligibility.--An individual shall be eligible to be a member of the health marketplace pool if such individual is-- ``(i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); ``(ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or ``(iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). ``(C) Rules for enrollment.--Nothing in this paragraph shall preclude the health marketplace pool from establishing rules of enrollment and reenrollment of members. ``(c) Determination of Employer and Joint Employer Status.-- Participating in or facilitating a group health plan or group health insurance coverage under this section shall not be construed as establishing under any Federal or State law-- ``(1) an employer relationship for any purpose other than offering the group health plan or group health insurance coverage; or ``(2) a joint employer relationship for any purpose. Such term may include the spouse and children of the individual involved in accordance with such State law.''.

To amend the Employee Retirement Income Security Act of 1974 to allow health marketplace pools to be deemed an employer under section 3(5) of such Act for purposes of offering a group health plan or group health insurance coverage, and for other purposes. ``(a) In General.--An entity (referred to in this section as a `health marketplace pool') that meets the requirements under subsection (b) shall be deemed an employer under section 3(5) for purposes of offering a group health plan or group health insurance coverage (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with subsection (b)(5)(B)). ``(b) Requirements for Health Marketplace Pools.--The requirements under this subsection are each of the following: ``(1) Organization.--The health marketplace pool shall-- ``(A) be formed and maintained in good faith for a purpose that includes the formation of a risk pool in order to offer group health insurance coverage or a group health plan to its members; and ``(B) not condition membership in the health marketplace pool on any health status-related factor relating to an individual (including an employee of an employer or a dependent of an employee). ``(ii) Permissible coverage for dependents.--Such group health plan or group health insurance coverage may be made available under clause (i) to any dependents of members of the health marketplace pool or dependents of employees of employers that are such members. ``(C) Assumption of risk.--The health marketplace pool may provide-- ``(i) group health insurance coverage through a contract with a health insurance issuer; or ``(ii) a group health plan through self- insurance. ``(B) Eligibility.--An individual shall be eligible to be a member of the health marketplace pool if such individual is-- ``(i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); ``(ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or ``(iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). ``(C) Rules for enrollment.--Nothing in this paragraph shall preclude the health marketplace pool from establishing rules of enrollment and reenrollment of members. ``(c) Determination of Employer and Joint Employer Status.-- Participating in or facilitating a group health plan or group health insurance coverage under this section shall not be construed as establishing under any Federal or State law-- ``(1) an employer relationship for any purpose other than offering the group health plan or group health insurance coverage; or ``(2) a joint employer relationship for any purpose.

To amend the Employee Retirement Income Security Act of 1974 to allow health marketplace pools to be deemed an employer under section 3(5) of such Act for purposes of offering a group health plan or group health insurance coverage, and for other purposes. ``(a) In General.--An entity (referred to in this section as a `health marketplace pool') that meets the requirements under subsection (b) shall be deemed an employer under section 3(5) for purposes of offering a group health plan or group health insurance coverage (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with subsection (b)(5)(B)). ``(b) Requirements for Health Marketplace Pools.--The requirements under this subsection are each of the following: ``(1) Organization.--The health marketplace pool shall-- ``(A) be formed and maintained in good faith for a purpose that includes the formation of a risk pool in order to offer group health insurance coverage or a group health plan to its members; and ``(B) not condition membership in the health marketplace pool on any health status-related factor relating to an individual (including an employee of an employer or a dependent of an employee). ``(ii) Permissible coverage for dependents.--Such group health plan or group health insurance coverage may be made available under clause (i) to any dependents of members of the health marketplace pool or dependents of employees of employers that are such members. ``(C) Assumption of risk.--The health marketplace pool may provide-- ``(i) group health insurance coverage through a contract with a health insurance issuer; or ``(ii) a group health plan through self- insurance. ``(B) Eligibility.--An individual shall be eligible to be a member of the health marketplace pool if such individual is-- ``(i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); ``(ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or ``(iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). ``(C) Rules for enrollment.--Nothing in this paragraph shall preclude the health marketplace pool from establishing rules of enrollment and reenrollment of members. ``(c) Determination of Employer and Joint Employer Status.-- Participating in or facilitating a group health plan or group health insurance coverage under this section shall not be construed as establishing under any Federal or State law-- ``(1) an employer relationship for any purpose other than offering the group health plan or group health insurance coverage; or ``(2) a joint employer relationship for any purpose.

To amend the Employee Retirement Income Security Act of 1974 to allow health marketplace pools to be deemed an employer under section 3(5) of such Act for purposes of offering a group health plan or group health insurance coverage, and for other purposes. b) Group Health Plans and Group Health Insurance Coverage.--Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.) is amended by adding at the end the following: ``SEC. ``(a) In General.--An entity (referred to in this section as a `health marketplace pool') that meets the requirements under subsection (b) shall be deemed an employer under section 3(5) for purposes of offering a group health plan or group health insurance coverage (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with subsection (b)(5)(B)). ``(ii) Permissible coverage for dependents.--Such group health plan or group health insurance coverage may be made available under clause (i) to any dependents of members of the health marketplace pool or dependents of employees of employers that are such members. ``(B) Nondiscrimination in coverage offered.-- ``(i) In general.--Subject to clause (ii), the health marketplace pool may not offer coverage under a group health plan or group health insurance coverage to a member of the health marketplace pool unless the same coverage is offered to all such members of the health marketplace pool. ``(ii) Construction.--Nothing in this subsection shall be construed as requiring a health insurance issuer or group health plan to provide coverage outside the service area of the issuer or plan, or preventing a health insurance issuer or group health plan from underwriting or from excluding or limiting the coverage on any individual, subject to the requirements under sections 701 and 702. ``(5) Drug coverage.--The group health plan or group health insurance coverage offered by the health marketplace pool may offer-- ``(A) drug coverage, including coverage of over- the-counter drugs, in combination with other benefits covered by the group health plan or group health insurance coverage; or ``(B) notwithstanding any other provision of law, drug coverage, including coverage of over-the-counter drugs, as the only benefit covered by the group health plan or group health insurance coverage. ``(B) Eligibility.--An individual shall be eligible to be a member of the health marketplace pool if such individual is-- ``(i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); ``(ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or ``(iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). ``(C) Rules for enrollment.--Nothing in this paragraph shall preclude the health marketplace pool from establishing rules of enrollment and reenrollment of members. ``(c) Determination of Employer and Joint Employer Status.-- Participating in or facilitating a group health plan or group health insurance coverage under this section shall not be construed as establishing under any Federal or State law-- ``(1) an employer relationship for any purpose other than offering the group health plan or group health insurance coverage; or ``(2) a joint employer relationship for any purpose. Such term may include the spouse and children of the individual involved in accordance with such State law.''.

To amend the Employee Retirement Income Security Act of 1974 to allow health marketplace pools to be deemed an employer under section 3(5) of such Act for purposes of offering a group health plan or group health insurance coverage, and for other purposes. ``(a) In General.--An entity (referred to in this section as a `health marketplace pool') that meets the requirements under subsection (b) shall be deemed an employer under section 3(5) for purposes of offering a group health plan or group health insurance coverage (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with subsection (b)(5)(B)). ``(b) Requirements for Health Marketplace Pools.--The requirements under this subsection are each of the following: ``(1) Organization.--The health marketplace pool shall-- ``(A) be formed and maintained in good faith for a purpose that includes the formation of a risk pool in order to offer group health insurance coverage or a group health plan to its members; and ``(B) not condition membership in the health marketplace pool on any health status-related factor relating to an individual (including an employee of an employer or a dependent of an employee). ``(ii) Permissible coverage for dependents.--Such group health plan or group health insurance coverage may be made available under clause (i) to any dependents of members of the health marketplace pool or dependents of employees of employers that are such members. ``(C) Assumption of risk.--The health marketplace pool may provide-- ``(i) group health insurance coverage through a contract with a health insurance issuer; or ``(ii) a group health plan through self- insurance. ``(B) Eligibility.--An individual shall be eligible to be a member of the health marketplace pool if such individual is-- ``(i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); ``(ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or ``(iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). ``(C) Rules for enrollment.--Nothing in this paragraph shall preclude the health marketplace pool from establishing rules of enrollment and reenrollment of members. ``(c) Determination of Employer and Joint Employer Status.-- Participating in or facilitating a group health plan or group health insurance coverage under this section shall not be construed as establishing under any Federal or State law-- ``(1) an employer relationship for any purpose other than offering the group health plan or group health insurance coverage; or ``(2) a joint employer relationship for any purpose.

To amend the Employee Retirement Income Security Act of 1974 to allow health marketplace pools to be deemed an employer under section 3(5) of such Act for purposes of offering a group health plan or group health insurance coverage, and for other purposes. b) Group Health Plans and Group Health Insurance Coverage.--Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.) is amended by adding at the end the following: ``SEC. ``(a) In General.--An entity (referred to in this section as a `health marketplace pool') that meets the requirements under subsection (b) shall be deemed an employer under section 3(5) for purposes of offering a group health plan or group health insurance coverage (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with subsection (b)(5)(B)). ``(ii) Permissible coverage for dependents.--Such group health plan or group health insurance coverage may be made available under clause (i) to any dependents of members of the health marketplace pool or dependents of employees of employers that are such members. ``(B) Nondiscrimination in coverage offered.-- ``(i) In general.--Subject to clause (ii), the health marketplace pool may not offer coverage under a group health plan or group health insurance coverage to a member of the health marketplace pool unless the same coverage is offered to all such members of the health marketplace pool. ``(ii) Construction.--Nothing in this subsection shall be construed as requiring a health insurance issuer or group health plan to provide coverage outside the service area of the issuer or plan, or preventing a health insurance issuer or group health plan from underwriting or from excluding or limiting the coverage on any individual, subject to the requirements under sections 701 and 702. ``(5) Drug coverage.--The group health plan or group health insurance coverage offered by the health marketplace pool may offer-- ``(A) drug coverage, including coverage of over- the-counter drugs, in combination with other benefits covered by the group health plan or group health insurance coverage; or ``(B) notwithstanding any other provision of law, drug coverage, including coverage of over-the-counter drugs, as the only benefit covered by the group health plan or group health insurance coverage. ``(B) Eligibility.--An individual shall be eligible to be a member of the health marketplace pool if such individual is-- ``(i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); ``(ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or ``(iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). ``(C) Rules for enrollment.--Nothing in this paragraph shall preclude the health marketplace pool from establishing rules of enrollment and reenrollment of members. ``(c) Determination of Employer and Joint Employer Status.-- Participating in or facilitating a group health plan or group health insurance coverage under this section shall not be construed as establishing under any Federal or State law-- ``(1) an employer relationship for any purpose other than offering the group health plan or group health insurance coverage; or ``(2) a joint employer relationship for any purpose. Such term may include the spouse and children of the individual involved in accordance with such State law.''.

To amend the Employee Retirement Income Security Act of 1974 to allow health marketplace pools to be deemed an employer under section 3(5) of such Act for purposes of offering a group health plan or group health insurance coverage, and for other purposes. ``(a) In General.--An entity (referred to in this section as a `health marketplace pool') that meets the requirements under subsection (b) shall be deemed an employer under section 3(5) for purposes of offering a group health plan or group health insurance coverage (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with subsection (b)(5)(B)). ``(b) Requirements for Health Marketplace Pools.--The requirements under this subsection are each of the following: ``(1) Organization.--The health marketplace pool shall-- ``(A) be formed and maintained in good faith for a purpose that includes the formation of a risk pool in order to offer group health insurance coverage or a group health plan to its members; and ``(B) not condition membership in the health marketplace pool on any health status-related factor relating to an individual (including an employee of an employer or a dependent of an employee). ``(ii) Permissible coverage for dependents.--Such group health plan or group health insurance coverage may be made available under clause (i) to any dependents of members of the health marketplace pool or dependents of employees of employers that are such members. ``(C) Assumption of risk.--The health marketplace pool may provide-- ``(i) group health insurance coverage through a contract with a health insurance issuer; or ``(ii) a group health plan through self- insurance. ``(B) Eligibility.--An individual shall be eligible to be a member of the health marketplace pool if such individual is-- ``(i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); ``(ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or ``(iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). ``(C) Rules for enrollment.--Nothing in this paragraph shall preclude the health marketplace pool from establishing rules of enrollment and reenrollment of members. ``(c) Determination of Employer and Joint Employer Status.-- Participating in or facilitating a group health plan or group health insurance coverage under this section shall not be construed as establishing under any Federal or State law-- ``(1) an employer relationship for any purpose other than offering the group health plan or group health insurance coverage; or ``(2) a joint employer relationship for any purpose.

To amend the Employee Retirement Income Security Act of 1974 to allow health marketplace pools to be deemed an employer under section 3(5) of such Act for purposes of offering a group health plan or group health insurance coverage, and for other purposes. ``(a) In General.--An entity (referred to in this section as a `health marketplace pool') that meets the requirements under subsection (b) shall be deemed an employer under section 3(5) for purposes of offering a group health plan or group health insurance coverage (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with subsection (b)(5)(B)). ``(B) Nondiscrimination in coverage offered.-- ``(i) In general.--Subject to clause (ii), the health marketplace pool may not offer coverage under a group health plan or group health insurance coverage to a member of the health marketplace pool unless the same coverage is offered to all such members of the health marketplace pool. ``(ii) Construction.--Nothing in this subsection shall be construed as requiring a health insurance issuer or group health plan to provide coverage outside the service area of the issuer or plan, or preventing a health insurance issuer or group health plan from underwriting or from excluding or limiting the coverage on any individual, subject to the requirements under sections 701 and 702. ``(B) Eligibility.--An individual shall be eligible to be a member of the health marketplace pool if such individual is-- ``(i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); ``(ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or ``(iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). ``(C) Rules for enrollment.--Nothing in this paragraph shall preclude the health marketplace pool from establishing rules of enrollment and reenrollment of members.

To amend the Employee Retirement Income Security Act of 1974 to allow health marketplace pools to be deemed an employer under section 3(5) of such Act for purposes of offering a group health plan or group health insurance coverage, and for other purposes. ``(b) Requirements for Health Marketplace Pools.--The requirements under this subsection are each of the following: ``(1) Organization.--The health marketplace pool shall-- ``(A) be formed and maintained in good faith for a purpose that includes the formation of a risk pool in order to offer group health insurance coverage or a group health plan to its members; and ``(B) not condition membership in the health marketplace pool on any health status-related factor relating to an individual (including an employee of an employer or a dependent of an employee). ``(B) Eligibility.--An individual shall be eligible to be a member of the health marketplace pool if such individual is-- ``(i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); ``(ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or ``(iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). ``(C) Rules for enrollment.--Nothing in this paragraph shall preclude the health marketplace pool from establishing rules of enrollment and reenrollment of members.

To amend the Employee Retirement Income Security Act of 1974 to allow health marketplace pools to be deemed an employer under section 3(5) of such Act for purposes of offering a group health plan or group health insurance coverage, and for other purposes. ``(a) In General.--An entity (referred to in this section as a `health marketplace pool') that meets the requirements under subsection (b) shall be deemed an employer under section 3(5) for purposes of offering a group health plan or group health insurance coverage (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with subsection (b)(5)(B)). ``(B) Nondiscrimination in coverage offered.-- ``(i) In general.--Subject to clause (ii), the health marketplace pool may not offer coverage under a group health plan or group health insurance coverage to a member of the health marketplace pool unless the same coverage is offered to all such members of the health marketplace pool. ``(ii) Construction.--Nothing in this subsection shall be construed as requiring a health insurance issuer or group health plan to provide coverage outside the service area of the issuer or plan, or preventing a health insurance issuer or group health plan from underwriting or from excluding or limiting the coverage on any individual, subject to the requirements under sections 701 and 702. ``(B) Eligibility.--An individual shall be eligible to be a member of the health marketplace pool if such individual is-- ``(i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); ``(ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or ``(iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). ``(C) Rules for enrollment.--Nothing in this paragraph shall preclude the health marketplace pool from establishing rules of enrollment and reenrollment of members.

Health Marketplace for All Act of 2022 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to deem health marketplace pools to be employers for purposes of offering a group health plan or group health insurance coverage, and for other purposes. (Sec. 2) Requires a health marketplace pool, in conjunction with a health insurance issuer that offers group health coverage through the health marketplace, Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that, with respect to a person that is a member of an entity that meets the requirements of ERISA and offers a group health plan or group health insurance coverage (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit

S.4238

Crime and Law Enforcement

Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention Act of 2022 This bill makes trafficking in firearms a stand-alone criminal offense.

To prevent gun trafficking. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hadiya Pendleton and Nyasia Pryear- Yard Gun Trafficking and Crime Prevention Act of 2022''. SEC. 2. FIREARMS TRAFFICKING. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Trafficking in firearms ``(a) Definitions.--In this section-- ``(1) the term `actual buyer' means the individual for whom a firearm is being purchased, received, or acquired; and ``(2) the term `term of imprisonment exceeding 1 year' does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less. ``(b) Offenses.--It shall be unlawful for any person, regardless of whether anything of value is exchanged-- ``(1) to ship, transport, transfer, or otherwise dispose to a person, 2 or more firearms in or affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the recipient would be in violation of, or would result in a violation of, any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; ``(2) to receive from a person, 2 or more firearms in or affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of, any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; ``(3) to make a statement to a licensed importer, licensed manufacturer, or licensed dealer relating to the purchase, receipt, or acquisition from a licensed importer, licensed manufacturer, or licensed dealer of 2 or more firearms that have moved in or affected interstate or foreign commerce that-- ``(A) is material to-- ``(i) the identity of the actual buyer of the firearms; or ``(ii) the intended trafficking of the firearms; and ``(B) the person knows or has reasonable cause to believe is false; or ``(4) to direct, promote, or facilitate conduct specified in paragraph (1), (2), or (3). ``(c) Gift Exceptions.--Subsection (b) shall not apply to a firearm that is-- ``(1) lawfully acquired by a person to be given as a gift to another person not prohibited from possessing a firearm under Federal or State law; or ``(2) lawfully received or otherwise acquired-- ``(A) by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor; or ``(B) by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person. ``(d) Penalties.-- ``(1) In general.--Subject to paragraph (2), any person who violates, or conspires to violate, subsection (b) shall be fined under this title, imprisoned for not more than 20 years, or both. ``(2) Organizer enhancement.--If an individual violates subsection (b) in concert with 5 or more other individuals, and the individual planned the violation or recruited or directed one of the other individuals to commit the violation-- ``(A) the maximum term of imprisonment shall be 25 years; and ``(B) if a firearm involved in the violation is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, the maximum term of imprisonment shall be 35 years. ``(3) Licensees.-- ``(A) Criminal penalties for knowing facilitation of trafficking through sale or delivery of firearms.-- If a licensed manufacturer, licensed importer, licensed collector, or licensed dealer knowingly facilitates a violation of subsection (b), the licensee shall be fined $20,000 per trafficked firearm sold or delivered by the licensee, imprisoned for not more than 10 years, or both. ``(B) Civil penalties for sale or delivery of firearms with reckless disregard of trafficking.--In the case of any licensed manufacturer, licensed importer, licensed collector, or licensed dealer who recklessly disregards that a person is acquiring 2 or more firearms from the licensee in violation of or with intent to violate subsection (b), the Attorney General shall, after notice and opportunity for a hearing, impose a civil penalty that is not less than $5,000 and not more than $10,000 per trafficked firearm sold or delivered by the licensee. ``(C) License suspension or revocation.--If the Attorney General determines, after notice and opportunity for a hearing, that firearms were acquired by or from a licensed manufacturer, licensed importer, licensed collector, or licensed dealer in violation of subsection (b) and the licensee knew, had reasonable cause to believe, or recklessly disregarded that the firearms were acquired in violation of that subsection, the Attorney General-- ``(i) may suspend or revoke the license issued to the licensee under this chapter for not more than 1 year; and ``(ii) if the license issued to the licensee under this chapter has previously been suspended or revoked under clause (i), may revoke the license for not more than 5 years.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``932. Trafficking in firearms.''. (c) Directive to Sentencing Commission.-- (1) In general.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)). (2) Requirements.--In carrying out this subsection, the Commission shall-- (A) review the penalty structure that the Federal sentencing guidelines currently provide based on the number of firearms involved in the offense; and (B) determine whether any changes to that penalty structure are appropriate in order to carry out the intent of Congress that those penalties reflect-- (i) the gravity of the offense; (ii) the number of trafficked firearms purchased by or from the defendant; (iii) the extent of the defendant's knowledge about the overall scheme to traffic firearms; (iv) the amount of money or value of nonmonetary compensation provided to the defendant for the defendant's participation; and (v) the defendant's culpability, including-- (I) as mitigating factors, whether the defendant-- (aa) is a relative or current or former intimate partner of another individual involved in a conspiracy to traffic firearms; (bb) is a domestic violence survivor; or (cc) has been otherwise exploited by personal affection, fear of reprisals, or economic need to commit an offense under section 932 of title 18, United States Code (as added by subsection (a)); and (II) as aggravating factors, whether-- (aa) the trafficked firearms were used in additional crimes; (bb) a person was injured or killed with the trafficked firearms; or (cc) the defendant was previously convicted of a firearms-related offense. (d) Directive to the Attorney General.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, 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 containing the following information: (1) For the prior 12-month period-- (A) the number of investigations initiated for violations of section 932 of title 18, United States Code (as added by subsection (a)); (B) the number of Federal firearm licensees or other individuals or entities-- (i) that were criminally charged with a violation described in subparagraph (A); or (ii) against whom a civil penalty case was initiated for a violation described in subparagraph (A); and (C) the number of investigations described in subparagraph (A) referred to the Attorney General from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, or any other Federal law enforcement agency that did not result in criminal charges or the initiation of a civil penalty case. (2) To the extent the information is available, the average length of the sentences of imprisonment and average fines imposed on individuals, entities, and Federal firearm licensees convicted of violations of section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12- month period. (3) A narrative describing the firearm trafficking schemes prosecuted under section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period, including-- (A) the sources of firearms; (B) the roles of various defendants in the scheme; (C) the number of firearms trafficked; and (D) a description of any trafficking practices or trends common among various firearm trafficking schemes. SEC. 3. REMOVING RELIEF FROM DISABILITIES EXCEPTION FOR LICENSEES INDICTED FOR FIREARMS TRAFFICKING. Section 925(b) of title 18, United States Code, is amended by inserting ``other than firearms trafficking under section 932,'' after ``indicted for a crime punishable by imprisonment for a term exceeding one year,''. SEC. 4. ELIMINATION OF OBLIGATORY STAY OF EFFECTIVE DATE OF LICENSE REVOCATION. Section 923(f)(2) of title 18, United States Code, is amended by striking the period at the end of the second sentence and inserting the following: ``unless the revocation is based in whole or in part on a violation of section 932, in which case, the Attorney General may only stay the effective date of the revocation upon a showing by the holder that good cause exists to do so.''. <all>

Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention Act of 2022

A bill to prevent gun trafficking.

Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention Act of 2022

Sen. Gillibrand, Kirsten E.

D

NY

This bill makes trafficking in firearms a stand-alone criminal offense.

2. FIREARMS TRAFFICKING. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Trafficking in firearms ``(a) Definitions.--In this section-- ``(1) the term `actual buyer' means the individual for whom a firearm is being purchased, received, or acquired; and ``(2) the term `term of imprisonment exceeding 1 year' does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less. ``(c) Gift Exceptions.--Subsection (b) shall not apply to a firearm that is-- ``(1) lawfully acquired by a person to be given as a gift to another person not prohibited from possessing a firearm under Federal or State law; or ``(2) lawfully received or otherwise acquired-- ``(A) by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor; or ``(B) by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person. ``(3) Licensees.-- ``(A) Criminal penalties for knowing facilitation of trafficking through sale or delivery of firearms.-- If a licensed manufacturer, licensed importer, licensed collector, or licensed dealer knowingly facilitates a violation of subsection (b), the licensee shall be fined $20,000 per trafficked firearm sold or delivered by the licensee, imprisoned for not more than 10 years, or both. (d) Directive to the Attorney General.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, 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 containing the following information: (1) For the prior 12-month period-- (A) the number of investigations initiated for violations of section 932 of title 18, United States Code (as added by subsection (a)); (B) the number of Federal firearm licensees or other individuals or entities-- (i) that were criminally charged with a violation described in subparagraph (A); or (ii) against whom a civil penalty case was initiated for a violation described in subparagraph (A); and (C) the number of investigations described in subparagraph (A) referred to the Attorney General from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, or any other Federal law enforcement agency that did not result in criminal charges or the initiation of a civil penalty case. 4. ELIMINATION OF OBLIGATORY STAY OF EFFECTIVE DATE OF LICENSE REVOCATION.

2. FIREARMS TRAFFICKING. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Trafficking in firearms ``(a) Definitions.--In this section-- ``(1) the term `actual buyer' means the individual for whom a firearm is being purchased, received, or acquired; and ``(2) the term `term of imprisonment exceeding 1 year' does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less. ``(c) Gift Exceptions.--Subsection (b) shall not apply to a firearm that is-- ``(1) lawfully acquired by a person to be given as a gift to another person not prohibited from possessing a firearm under Federal or State law; or ``(2) lawfully received or otherwise acquired-- ``(A) by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor; or ``(B) by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person. ``(3) Licensees.-- ``(A) Criminal penalties for knowing facilitation of trafficking through sale or delivery of firearms.-- If a licensed manufacturer, licensed importer, licensed collector, or licensed dealer knowingly facilitates a violation of subsection (b), the licensee shall be fined $20,000 per trafficked firearm sold or delivered by the licensee, imprisoned for not more than 10 years, or both. 4. ELIMINATION OF OBLIGATORY STAY OF EFFECTIVE DATE OF LICENSE REVOCATION.

2. FIREARMS TRAFFICKING. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Trafficking in firearms ``(a) Definitions.--In this section-- ``(1) the term `actual buyer' means the individual for whom a firearm is being purchased, received, or acquired; and ``(2) the term `term of imprisonment exceeding 1 year' does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less. ``(c) Gift Exceptions.--Subsection (b) shall not apply to a firearm that is-- ``(1) lawfully acquired by a person to be given as a gift to another person not prohibited from possessing a firearm under Federal or State law; or ``(2) lawfully received or otherwise acquired-- ``(A) by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor; or ``(B) by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person. ``(3) Licensees.-- ``(A) Criminal penalties for knowing facilitation of trafficking through sale or delivery of firearms.-- If a licensed manufacturer, licensed importer, licensed collector, or licensed dealer knowingly facilitates a violation of subsection (b), the licensee shall be fined $20,000 per trafficked firearm sold or delivered by the licensee, imprisoned for not more than 10 years, or both. (2) Requirements.--In carrying out this subsection, the Commission shall-- (A) review the penalty structure that the Federal sentencing guidelines currently provide based on the number of firearms involved in the offense; and (B) determine whether any changes to that penalty structure are appropriate in order to carry out the intent of Congress that those penalties reflect-- (i) the gravity of the offense; (ii) the number of trafficked firearms purchased by or from the defendant; (iii) the extent of the defendant's knowledge about the overall scheme to traffic firearms; (iv) the amount of money or value of nonmonetary compensation provided to the defendant for the defendant's participation; and (v) the defendant's culpability, including-- (I) as mitigating factors, whether the defendant-- (aa) is a relative or current or former intimate partner of another individual involved in a conspiracy to traffic firearms; (bb) is a domestic violence survivor; or (cc) has been otherwise exploited by personal affection, fear of reprisals, or economic need to commit an offense under section 932 of title 18, United States Code (as added by subsection (a)); and (II) as aggravating factors, whether-- (aa) the trafficked firearms were used in additional crimes; (bb) a person was injured or killed with the trafficked firearms; or (cc) the defendant was previously convicted of a firearms-related offense. (d) Directive to the Attorney General.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, 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 containing the following information: (1) For the prior 12-month period-- (A) the number of investigations initiated for violations of section 932 of title 18, United States Code (as added by subsection (a)); (B) the number of Federal firearm licensees or other individuals or entities-- (i) that were criminally charged with a violation described in subparagraph (A); or (ii) against whom a civil penalty case was initiated for a violation described in subparagraph (A); and (C) the number of investigations described in subparagraph (A) referred to the Attorney General from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, or any other Federal law enforcement agency that did not result in criminal charges or the initiation of a civil penalty case. 4. ELIMINATION OF OBLIGATORY STAY OF EFFECTIVE DATE OF LICENSE REVOCATION.

SHORT TITLE. This Act may be cited as the ``Hadiya Pendleton and Nyasia Pryear- Yard Gun Trafficking and Crime Prevention Act of 2022''. 2. FIREARMS TRAFFICKING. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Trafficking in firearms ``(a) Definitions.--In this section-- ``(1) the term `actual buyer' means the individual for whom a firearm is being purchased, received, or acquired; and ``(2) the term `term of imprisonment exceeding 1 year' does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less. ``(b) Offenses.--It shall be unlawful for any person, regardless of whether anything of value is exchanged-- ``(1) to ship, transport, transfer, or otherwise dispose to a person, 2 or more firearms in or affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the recipient would be in violation of, or would result in a violation of, any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; ``(2) to receive from a person, 2 or more firearms in or affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of, any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; ``(3) to make a statement to a licensed importer, licensed manufacturer, or licensed dealer relating to the purchase, receipt, or acquisition from a licensed importer, licensed manufacturer, or licensed dealer of 2 or more firearms that have moved in or affected interstate or foreign commerce that-- ``(A) is material to-- ``(i) the identity of the actual buyer of the firearms; or ``(ii) the intended trafficking of the firearms; and ``(B) the person knows or has reasonable cause to believe is false; or ``(4) to direct, promote, or facilitate conduct specified in paragraph (1), (2), or (3). ``(c) Gift Exceptions.--Subsection (b) shall not apply to a firearm that is-- ``(1) lawfully acquired by a person to be given as a gift to another person not prohibited from possessing a firearm under Federal or State law; or ``(2) lawfully received or otherwise acquired-- ``(A) by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor; or ``(B) by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person. ``(2) Organizer enhancement.--If an individual violates subsection (b) in concert with 5 or more other individuals, and the individual planned the violation or recruited or directed one of the other individuals to commit the violation-- ``(A) the maximum term of imprisonment shall be 25 years; and ``(B) if a firearm involved in the violation is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, the maximum term of imprisonment shall be 35 years. ``(3) Licensees.-- ``(A) Criminal penalties for knowing facilitation of trafficking through sale or delivery of firearms.-- If a licensed manufacturer, licensed importer, licensed collector, or licensed dealer knowingly facilitates a violation of subsection (b), the licensee shall be fined $20,000 per trafficked firearm sold or delivered by the licensee, imprisoned for not more than 10 years, or both. (2) Requirements.--In carrying out this subsection, the Commission shall-- (A) review the penalty structure that the Federal sentencing guidelines currently provide based on the number of firearms involved in the offense; and (B) determine whether any changes to that penalty structure are appropriate in order to carry out the intent of Congress that those penalties reflect-- (i) the gravity of the offense; (ii) the number of trafficked firearms purchased by or from the defendant; (iii) the extent of the defendant's knowledge about the overall scheme to traffic firearms; (iv) the amount of money or value of nonmonetary compensation provided to the defendant for the defendant's participation; and (v) the defendant's culpability, including-- (I) as mitigating factors, whether the defendant-- (aa) is a relative or current or former intimate partner of another individual involved in a conspiracy to traffic firearms; (bb) is a domestic violence survivor; or (cc) has been otherwise exploited by personal affection, fear of reprisals, or economic need to commit an offense under section 932 of title 18, United States Code (as added by subsection (a)); and (II) as aggravating factors, whether-- (aa) the trafficked firearms were used in additional crimes; (bb) a person was injured or killed with the trafficked firearms; or (cc) the defendant was previously convicted of a firearms-related offense. (d) Directive to the Attorney General.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, 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 containing the following information: (1) For the prior 12-month period-- (A) the number of investigations initiated for violations of section 932 of title 18, United States Code (as added by subsection (a)); (B) the number of Federal firearm licensees or other individuals or entities-- (i) that were criminally charged with a violation described in subparagraph (A); or (ii) against whom a civil penalty case was initiated for a violation described in subparagraph (A); and (C) the number of investigations described in subparagraph (A) referred to the Attorney General from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, or any other Federal law enforcement agency that did not result in criminal charges or the initiation of a civil penalty case. REMOVING RELIEF FROM DISABILITIES EXCEPTION FOR LICENSEES INDICTED FOR FIREARMS TRAFFICKING. 4. ELIMINATION OF OBLIGATORY STAY OF EFFECTIVE DATE OF LICENSE REVOCATION.

To prevent gun trafficking. Trafficking in firearms ``(a) Definitions.--In this section-- ``(1) the term `actual buyer' means the individual for whom a firearm is being purchased, received, or acquired; and ``(2) the term `term of imprisonment exceeding 1 year' does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less. ``(c) Gift Exceptions.--Subsection (b) shall not apply to a firearm that is-- ``(1) lawfully acquired by a person to be given as a gift to another person not prohibited from possessing a firearm under Federal or State law; or ``(2) lawfully received or otherwise acquired-- ``(A) by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor; or ``(B) by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person. ``(d) Penalties.-- ``(1) In general.--Subject to paragraph (2), any person who violates, or conspires to violate, subsection (b) shall be fined under this title, imprisoned for not more than 20 years, or both. ``(3) Licensees.-- ``(A) Criminal penalties for knowing facilitation of trafficking through sale or delivery of firearms.-- If a licensed manufacturer, licensed importer, licensed collector, or licensed dealer knowingly facilitates a violation of subsection (b), the licensee shall be fined $20,000 per trafficked firearm sold or delivered by the licensee, imprisoned for not more than 10 years, or both. ``(B) Civil penalties for sale or delivery of firearms with reckless disregard of trafficking.--In the case of any licensed manufacturer, licensed importer, licensed collector, or licensed dealer who recklessly disregards that a person is acquiring 2 or more firearms from the licensee in violation of or with intent to violate subsection (b), the Attorney General shall, after notice and opportunity for a hearing, impose a civil penalty that is not less than $5,000 and not more than $10,000 per trafficked firearm sold or delivered by the licensee. b) Technical and Conforming Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``932. c) Directive to Sentencing Commission.-- (1) In general.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)). 2) To the extent the information is available, the average length of the sentences of imprisonment and average fines imposed on individuals, entities, and Federal firearm licensees convicted of violations of section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12- month period. (3) A narrative describing the firearm trafficking schemes prosecuted under section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period, including-- (A) the sources of firearms; (B) the roles of various defendants in the scheme; (C) the number of firearms trafficked; and (D) a description of any trafficking practices or trends common among various firearm trafficking schemes. Section 925(b) of title 18, United States Code, is amended by inserting ``other than firearms trafficking under section 932,'' after ``indicted for a crime punishable by imprisonment for a term exceeding one year,''.

To prevent gun trafficking. Trafficking in firearms ``(a) Definitions.--In this section-- ``(1) the term `actual buyer' means the individual for whom a firearm is being purchased, received, or acquired; and ``(2) the term `term of imprisonment exceeding 1 year' does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less. ``(c) Gift Exceptions.--Subsection (b) shall not apply to a firearm that is-- ``(1) lawfully acquired by a person to be given as a gift to another person not prohibited from possessing a firearm under Federal or State law; or ``(2) lawfully received or otherwise acquired-- ``(A) by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor; or ``(B) by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person. ``(d) Penalties.-- ``(1) In general.--Subject to paragraph (2), any person who violates, or conspires to violate, subsection (b) shall be fined under this title, imprisoned for not more than 20 years, or both. ``(2) Organizer enhancement.--If an individual violates subsection (b) in concert with 5 or more other individuals, and the individual planned the violation or recruited or directed one of the other individuals to commit the violation-- ``(A) the maximum term of imprisonment shall be 25 years; and ``(B) if a firearm involved in the violation is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, the maximum term of imprisonment shall be 35 years. ``(B) Civil penalties for sale or delivery of firearms with reckless disregard of trafficking.--In the case of any licensed manufacturer, licensed importer, licensed collector, or licensed dealer who recklessly disregards that a person is acquiring 2 or more firearms from the licensee in violation of or with intent to violate subsection (b), the Attorney General shall, after notice and opportunity for a hearing, impose a civil penalty that is not less than $5,000 and not more than $10,000 per trafficked firearm sold or delivered by the licensee. (c) Directive to Sentencing Commission.-- (1) In general.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)). ( 2) To the extent the information is available, the average length of the sentences of imprisonment and average fines imposed on individuals, entities, and Federal firearm licensees convicted of violations of section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12- month period. ( 3) A narrative describing the firearm trafficking schemes prosecuted under section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period, including-- (A) the sources of firearms; (B) the roles of various defendants in the scheme; (C) the number of firearms trafficked; and (D) a description of any trafficking practices or trends common among various firearm trafficking schemes. Section 923(f)(2) of title 18, United States Code, is amended by striking the period at the end of the second sentence and inserting the following: ``unless the revocation is based in whole or in part on a violation of section 932, in which case, the Attorney General may only stay the effective date of the revocation upon a showing by the holder that good cause exists to do so.''.

To prevent gun trafficking. Trafficking in firearms ``(a) Definitions.--In this section-- ``(1) the term `actual buyer' means the individual for whom a firearm is being purchased, received, or acquired; and ``(2) the term `term of imprisonment exceeding 1 year' does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less. ``(c) Gift Exceptions.--Subsection (b) shall not apply to a firearm that is-- ``(1) lawfully acquired by a person to be given as a gift to another person not prohibited from possessing a firearm under Federal or State law; or ``(2) lawfully received or otherwise acquired-- ``(A) by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor; or ``(B) by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person. ``(d) Penalties.-- ``(1) In general.--Subject to paragraph (2), any person who violates, or conspires to violate, subsection (b) shall be fined under this title, imprisoned for not more than 20 years, or both. ``(2) Organizer enhancement.--If an individual violates subsection (b) in concert with 5 or more other individuals, and the individual planned the violation or recruited or directed one of the other individuals to commit the violation-- ``(A) the maximum term of imprisonment shall be 25 years; and ``(B) if a firearm involved in the violation is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, the maximum term of imprisonment shall be 35 years. ``(B) Civil penalties for sale or delivery of firearms with reckless disregard of trafficking.--In the case of any licensed manufacturer, licensed importer, licensed collector, or licensed dealer who recklessly disregards that a person is acquiring 2 or more firearms from the licensee in violation of or with intent to violate subsection (b), the Attorney General shall, after notice and opportunity for a hearing, impose a civil penalty that is not less than $5,000 and not more than $10,000 per trafficked firearm sold or delivered by the licensee. (c) Directive to Sentencing Commission.-- (1) In general.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)). ( 2) To the extent the information is available, the average length of the sentences of imprisonment and average fines imposed on individuals, entities, and Federal firearm licensees convicted of violations of section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12- month period. ( 3) A narrative describing the firearm trafficking schemes prosecuted under section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period, including-- (A) the sources of firearms; (B) the roles of various defendants in the scheme; (C) the number of firearms trafficked; and (D) a description of any trafficking practices or trends common among various firearm trafficking schemes. Section 923(f)(2) of title 18, United States Code, is amended by striking the period at the end of the second sentence and inserting the following: ``unless the revocation is based in whole or in part on a violation of section 932, in which case, the Attorney General may only stay the effective date of the revocation upon a showing by the holder that good cause exists to do so.''.

To prevent gun trafficking. Trafficking in firearms ``(a) Definitions.--In this section-- ``(1) the term `actual buyer' means the individual for whom a firearm is being purchased, received, or acquired; and ``(2) the term `term of imprisonment exceeding 1 year' does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less. ``(c) Gift Exceptions.--Subsection (b) shall not apply to a firearm that is-- ``(1) lawfully acquired by a person to be given as a gift to another person not prohibited from possessing a firearm under Federal or State law; or ``(2) lawfully received or otherwise acquired-- ``(A) by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor; or ``(B) by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person. ``(d) Penalties.-- ``(1) In general.--Subject to paragraph (2), any person who violates, or conspires to violate, subsection (b) shall be fined under this title, imprisoned for not more than 20 years, or both. ``(3) Licensees.-- ``(A) Criminal penalties for knowing facilitation of trafficking through sale or delivery of firearms.-- If a licensed manufacturer, licensed importer, licensed collector, or licensed dealer knowingly facilitates a violation of subsection (b), the licensee shall be fined $20,000 per trafficked firearm sold or delivered by the licensee, imprisoned for not more than 10 years, or both. ``(B) Civil penalties for sale or delivery of firearms with reckless disregard of trafficking.--In the case of any licensed manufacturer, licensed importer, licensed collector, or licensed dealer who recklessly disregards that a person is acquiring 2 or more firearms from the licensee in violation of or with intent to violate subsection (b), the Attorney General shall, after notice and opportunity for a hearing, impose a civil penalty that is not less than $5,000 and not more than $10,000 per trafficked firearm sold or delivered by the licensee. b) Technical and Conforming Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``932. c) Directive to Sentencing Commission.-- (1) In general.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)). 2) To the extent the information is available, the average length of the sentences of imprisonment and average fines imposed on individuals, entities, and Federal firearm licensees convicted of violations of section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12- month period. (3) A narrative describing the firearm trafficking schemes prosecuted under section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period, including-- (A) the sources of firearms; (B) the roles of various defendants in the scheme; (C) the number of firearms trafficked; and (D) a description of any trafficking practices or trends common among various firearm trafficking schemes. Section 925(b) of title 18, United States Code, is amended by inserting ``other than firearms trafficking under section 932,'' after ``indicted for a crime punishable by imprisonment for a term exceeding one year,''.

To prevent gun trafficking. Trafficking in firearms ``(a) Definitions.--In this section-- ``(1) the term `actual buyer' means the individual for whom a firearm is being purchased, received, or acquired; and ``(2) the term `term of imprisonment exceeding 1 year' does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less. ``(c) Gift Exceptions.--Subsection (b) shall not apply to a firearm that is-- ``(1) lawfully acquired by a person to be given as a gift to another person not prohibited from possessing a firearm under Federal or State law; or ``(2) lawfully received or otherwise acquired-- ``(A) by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor; or ``(B) by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person. ``(d) Penalties.-- ``(1) In general.--Subject to paragraph (2), any person who violates, or conspires to violate, subsection (b) shall be fined under this title, imprisoned for not more than 20 years, or both. ``(2) Organizer enhancement.--If an individual violates subsection (b) in concert with 5 or more other individuals, and the individual planned the violation or recruited or directed one of the other individuals to commit the violation-- ``(A) the maximum term of imprisonment shall be 25 years; and ``(B) if a firearm involved in the violation is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, the maximum term of imprisonment shall be 35 years. ``(B) Civil penalties for sale or delivery of firearms with reckless disregard of trafficking.--In the case of any licensed manufacturer, licensed importer, licensed collector, or licensed dealer who recklessly disregards that a person is acquiring 2 or more firearms from the licensee in violation of or with intent to violate subsection (b), the Attorney General shall, after notice and opportunity for a hearing, impose a civil penalty that is not less than $5,000 and not more than $10,000 per trafficked firearm sold or delivered by the licensee. (c) Directive to Sentencing Commission.-- (1) In general.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)). ( 2) To the extent the information is available, the average length of the sentences of imprisonment and average fines imposed on individuals, entities, and Federal firearm licensees convicted of violations of section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12- month period. ( 3) A narrative describing the firearm trafficking schemes prosecuted under section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period, including-- (A) the sources of firearms; (B) the roles of various defendants in the scheme; (C) the number of firearms trafficked; and (D) a description of any trafficking practices or trends common among various firearm trafficking schemes. Section 923(f)(2) of title 18, United States Code, is amended by striking the period at the end of the second sentence and inserting the following: ``unless the revocation is based in whole or in part on a violation of section 932, in which case, the Attorney General may only stay the effective date of the revocation upon a showing by the holder that good cause exists to do so.''.

To prevent gun trafficking. Trafficking in firearms ``(a) Definitions.--In this section-- ``(1) the term `actual buyer' means the individual for whom a firearm is being purchased, received, or acquired; and ``(2) the term `term of imprisonment exceeding 1 year' does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less. ``(c) Gift Exceptions.--Subsection (b) shall not apply to a firearm that is-- ``(1) lawfully acquired by a person to be given as a gift to another person not prohibited from possessing a firearm under Federal or State law; or ``(2) lawfully received or otherwise acquired-- ``(A) by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor; or ``(B) by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person. ``(d) Penalties.-- ``(1) In general.--Subject to paragraph (2), any person who violates, or conspires to violate, subsection (b) shall be fined under this title, imprisoned for not more than 20 years, or both. ``(3) Licensees.-- ``(A) Criminal penalties for knowing facilitation of trafficking through sale or delivery of firearms.-- If a licensed manufacturer, licensed importer, licensed collector, or licensed dealer knowingly facilitates a violation of subsection (b), the licensee shall be fined $20,000 per trafficked firearm sold or delivered by the licensee, imprisoned for not more than 10 years, or both. ``(B) Civil penalties for sale or delivery of firearms with reckless disregard of trafficking.--In the case of any licensed manufacturer, licensed importer, licensed collector, or licensed dealer who recklessly disregards that a person is acquiring 2 or more firearms from the licensee in violation of or with intent to violate subsection (b), the Attorney General shall, after notice and opportunity for a hearing, impose a civil penalty that is not less than $5,000 and not more than $10,000 per trafficked firearm sold or delivered by the licensee. b) Technical and Conforming Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``932. c) Directive to Sentencing Commission.-- (1) In general.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)). 2) To the extent the information is available, the average length of the sentences of imprisonment and average fines imposed on individuals, entities, and Federal firearm licensees convicted of violations of section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12- month period. (3) A narrative describing the firearm trafficking schemes prosecuted under section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period, including-- (A) the sources of firearms; (B) the roles of various defendants in the scheme; (C) the number of firearms trafficked; and (D) a description of any trafficking practices or trends common among various firearm trafficking schemes. Section 925(b) of title 18, United States Code, is amended by inserting ``other than firearms trafficking under section 932,'' after ``indicted for a crime punishable by imprisonment for a term exceeding one year,''.

To prevent gun trafficking. ``(2) Organizer enhancement.--If an individual violates subsection (b) in concert with 5 or more other individuals, and the individual planned the violation or recruited or directed one of the other individuals to commit the violation-- ``(A) the maximum term of imprisonment shall be 25 years; and ``(B) if a firearm involved in the violation is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, the maximum term of imprisonment shall be 35 years. (c) Directive to Sentencing Commission.-- (1) In general.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)). ( 3) A narrative describing the firearm trafficking schemes prosecuted under section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period, including-- (A) the sources of firearms; (B) the roles of various defendants in the scheme; (C) the number of firearms trafficked; and (D) a description of any trafficking practices or trends common among various firearm trafficking schemes.

To prevent gun trafficking. ``(3) Licensees.-- ``(A) Criminal penalties for knowing facilitation of trafficking through sale or delivery of firearms.-- If a licensed manufacturer, licensed importer, licensed collector, or licensed dealer knowingly facilitates a violation of subsection (b), the licensee shall be fined $20,000 per trafficked firearm sold or delivered by the licensee, imprisoned for not more than 10 years, or both. ``(B) Civil penalties for sale or delivery of firearms with reckless disregard of trafficking.--In the case of any licensed manufacturer, licensed importer, licensed collector, or licensed dealer who recklessly disregards that a person is acquiring 2 or more firearms from the licensee in violation of or with intent to violate subsection (b), the Attorney General shall, after notice and opportunity for a hearing, impose a civil penalty that is not less than $5,000 and not more than $10,000 per trafficked firearm sold or delivered by the licensee. 2) To the extent the information is available, the average length of the sentences of imprisonment and average fines imposed on individuals, entities, and Federal firearm licensees convicted of violations of section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12- month period. (3) A narrative describing the firearm trafficking schemes prosecuted under section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period, including-- (A) the sources of firearms; (B) the roles of various defendants in the scheme; (C) the number of firearms trafficked; and (D) a description of any trafficking practices or trends common among various firearm trafficking schemes. Section 925(b) of title 18, United States Code, is amended by inserting ``other than firearms trafficking under section 932,'' after ``indicted for a crime punishable by imprisonment for a term exceeding one year,''.

To prevent gun trafficking. ``(2) Organizer enhancement.--If an individual violates subsection (b) in concert with 5 or more other individuals, and the individual planned the violation or recruited or directed one of the other individuals to commit the violation-- ``(A) the maximum term of imprisonment shall be 25 years; and ``(B) if a firearm involved in the violation is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, the maximum term of imprisonment shall be 35 years. (c) Directive to Sentencing Commission.-- (1) In general.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)). ( 3) A narrative describing the firearm trafficking schemes prosecuted under section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period, including-- (A) the sources of firearms; (B) the roles of various defendants in the scheme; (C) the number of firearms trafficked; and (D) a description of any trafficking practices or trends common among various firearm trafficking schemes.

To prevent gun trafficking. ``(3) Licensees.-- ``(A) Criminal penalties for knowing facilitation of trafficking through sale or delivery of firearms.-- If a licensed manufacturer, licensed importer, licensed collector, or licensed dealer knowingly facilitates a violation of subsection (b), the licensee shall be fined $20,000 per trafficked firearm sold or delivered by the licensee, imprisoned for not more than 10 years, or both. ``(B) Civil penalties for sale or delivery of firearms with reckless disregard of trafficking.--In the case of any licensed manufacturer, licensed importer, licensed collector, or licensed dealer who recklessly disregards that a person is acquiring 2 or more firearms from the licensee in violation of or with intent to violate subsection (b), the Attorney General shall, after notice and opportunity for a hearing, impose a civil penalty that is not less than $5,000 and not more than $10,000 per trafficked firearm sold or delivered by the licensee. 2) To the extent the information is available, the average length of the sentences of imprisonment and average fines imposed on individuals, entities, and Federal firearm licensees convicted of violations of section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12- month period. (3) A narrative describing the firearm trafficking schemes prosecuted under section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period, including-- (A) the sources of firearms; (B) the roles of various defendants in the scheme; (C) the number of firearms trafficked; and (D) a description of any trafficking practices or trends common among various firearm trafficking schemes. Section 925(b) of title 18, United States Code, is amended by inserting ``other than firearms trafficking under section 932,'' after ``indicted for a crime punishable by imprisonment for a term exceeding one year,''.

Hadiya Pendleton and Nyasia Pryear- Yard Gun Trafficking and Crime Prevention Act of 2022 - Amends the federal criminal code to make it unlawful for any person, regardless of whether anything of value is exchanged, to: (1) ship, transport, transfer, or otherwise dispose to a person, two or more firearms in or affecting interstate or foreign commerce if the transfer Amends the Federal criminal code to: (1) eliminate the disabilities exception for Federal firearm licensees convicted of a crime punishable by imprisonment for a term exceeding one year; and (2) prohibit the Attorney General from staying the effective date of a license revocation upon a showing by the holder that good cause exists to do so. (Sec. 3) Directs the Federal Sentencing Commission

S.86

Crime and Law Enforcement

Prenatal Nondiscrimination Act or PRENDA 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'' or ``PRENDA''. SEC. 2. FINDINGS AND CONSTITUTIONAL AUTHORITY. (a) Findings.--Congress finds the following: (1) Women are a vital part of American society and culture and possess the same fundamental human rights and civil rights as men. (2) 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. (3) 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. (4) The targeted victims of sex-selection abortions performed in the United States and worldwide are overwhelmingly female. (5) 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. (6) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. (7) Sex-selection abortion reinforces sex discrimination and has no place in a civilized society. (8) 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 to the Constitution of the United States. The elimination of discriminatory practices has been and is among the highest priorities and greatest achievements of American history. (9) 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 to the Constitution of the United States, including the power to enforce the prohibition on government action denying equal protection of the laws; and (3) section 8 of article I of the Constitution of the United States 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 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 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) Definitions.--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: ``250. Discrimination against the unborn on the basis of sex.''. SEC. 4. SEVERABILITY. If any portion of this Act, or the amendments made by this Act, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application. <all>

PRENDA

A bill to prohibit discrimination against the unborn on the basis of sex, and for other purposes.

PRENDA Prenatal Nondiscrimination Act

Sen. Kennedy, John

R

LA

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'' or ``PRENDA''. 2. FINDINGS AND CONSTITUTIONAL AUTHORITY. (a) Findings.--Congress finds the following: (1) Women are a vital part of American society and culture and possess the same fundamental human rights and civil rights as men. (2) 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. (3) 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. 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. 4. If any portion of this Act, or the amendments made by this Act, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.

SHORT TITLE. This Act may be cited as the ``Prenatal Nondiscrimination Act'' or ``PRENDA''. 2. FINDINGS AND CONSTITUTIONAL AUTHORITY. (a) Findings.--Congress finds the following: (1) Women are a vital part of American society and culture and possess the same fundamental human rights and civil rights as men. (2) 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. (3) A ``sex-selection abortion'' is an abortion undertaken for purposes of eliminating an unborn child of an undesired sex. 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. ``(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. 4. If any portion of this Act, or the amendments made by this Act, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.

SHORT TITLE. This Act may be cited as the ``Prenatal Nondiscrimination Act'' or ``PRENDA''. 2. FINDINGS AND CONSTITUTIONAL AUTHORITY. (a) Findings.--Congress finds the following: (1) Women are a vital part of American society and culture and possess the same fundamental human rights and civil rights as men. (2) 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. (3) 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. 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 to the Constitution of the United States, including the power to enforce the prohibition on government action denying equal protection of the laws; and (3) section 8 of article I of the Constitution of the United States 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. 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. ``(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. ``(h) Definitions.--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. 4. SEVERABILITY. If any portion of this Act, or the amendments made by this Act, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.

Be it enacted by the Senate 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'' or ``PRENDA''. 2. FINDINGS AND CONSTITUTIONAL AUTHORITY. (a) Findings.--Congress finds the following: (1) Women are a vital part of American society and culture and possess the same fundamental human rights and civil rights as men. (2) 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. (3) 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. (6) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. (7) Sex-selection abortion reinforces sex discrimination and has 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. Women, once subjected to sex discrimination that denied them the right to vote, now have suffrage guaranteed by the 19th Amendment to the Constitution of the United States. 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 to the Constitution of the United States, including the power to enforce the prohibition on government action denying equal protection of the laws; and (3) section 8 of article I of the Constitution of the United States 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. 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 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) Definitions.--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. 4. SEVERABILITY. If any portion of this Act, or the amendments made by this Act, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.

To prohibit discrimination against the unborn on the basis of sex, and for other purposes. 2) 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. ( 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. ( 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. ( 6) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. ( (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 to the Constitution of the United States, including the power to enforce the prohibition on government action denying equal protection of the laws; and (3) section 8 of article I of the Constitution of the United States 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. ``(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. ``(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. ( 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. ( 6) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. ( Women, once subjected to sex discrimination that denied them the right to vote, now have suffrage guaranteed by the 19th Amendment to the Constitution of the United States. 9) 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: ``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. ( 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. ( 6) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. ( Women, once subjected to sex discrimination that denied them the right to vote, now have suffrage guaranteed by the 19th Amendment to the Constitution of the United States. 9) 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: ``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. 2) 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. ( 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. ( 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. ( 6) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. ( (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 to the Constitution of the United States, including the power to enforce the prohibition on government action denying equal protection of the laws; and (3) section 8 of article I of the Constitution of the United States 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. ``(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. ``(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. ( 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. ( 6) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. ( Women, once subjected to sex discrimination that denied them the right to vote, now have suffrage guaranteed by the 19th Amendment to the Constitution of the United States. 9) 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: ``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. 2) 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. ( 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. ( 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. ( 6) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. ( (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 to the Constitution of the United States, including the power to enforce the prohibition on government action denying equal protection of the laws; and (3) section 8 of article I of the Constitution of the United States 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. ``(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. ``(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. ( 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. ( 6) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. ( Women, once subjected to sex discrimination that denied them the right to vote, now have suffrage guaranteed by the 19th Amendment to the Constitution of the United States. 9) 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: ``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. 6) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. ( ( ``(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. ``(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.

To prohibit discrimination against the unborn on the basis of sex, and for other purposes. FINDINGS AND CONSTITUTIONAL AUTHORITY. ( 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. ( 6) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. ( Women, once subjected to sex discrimination that denied them the right to vote, now have suffrage guaranteed by the 19th Amendment to the Constitution of the United States. 9) 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: ``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. 6) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. ( ( ``(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. ``(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.

Prenatal Nondiscrimination Act or PRENDA - Amends the federal criminal code to prohibit: (1) performing an abortion knowing that such abortion is sought based on the sex or gender of the child; (2) using force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection abortion; (3) solic Amends the federal criminal code to require a physician, physician's assistant, nurse, counselor, or other medical or mental health professional to report known or suspected violations of this Act to appropriate law enforcement authorities. (Sec. 4) Prohibits a woman upon whom a sex-selection abortion is performed from being prosecuted or held civilly liable for any such violation or for a conspiracy to

S.2479

International Affairs

UNRWA Accountability and Transparency Act This bill makes changes to U.S. foreign policy in matters concerning the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). For purposes of this policy, the bill defines Palestinian refugee as a person who (1) resided from June 1946 to May 1948 in Mandatory Palestine (a region controlled by Britain until 1948), (2) was personally displaced as a result of the 1948 Arab-Israeli conflict, and (3) has not accepted citizenship or other permanent adjustment in status in another country. The bill withholds U.S. funding for the UNRWA unless the Department of State makes certifications concerning the UNRWA's staff, partners, and funding. Specifically, the State Department must certify that neither UNRWA staff and partners nor its funding and facilities are affiliated with terrorism or engaged in the dissemination of anti-American, anti-Israel, or anti-Semitic ideologies. Additionally, the State Department must certify that the UNRWA is subject to comprehensive financial audits by an independent auditing firm and is unaffiliated with any financial institutions that the United States considers to be complicit in money laundering or terror financing. The bill also requires the State Department to implement a plan to encourage other countries to align their activities and efforts regarding the UNRWA with U.S. policy objectives, including the phase out of the UNRWA by resettling Palestinian refugees in countries other than Israel and in territories not controlled by Israel. The State Department must report to Congress on this plan.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``UNRWA Accountability and Transparency Act''. SEC. 2. STATEMENT OF POLICY. (a) Palestinian Refugee Defined.--It shall be the policy of the United States, in matters concerning the United Nations Relief and Works Agency for Palestine Refugees in the Near East (referred to in this Act as ``UNRWA''), which operates in Syria, Lebanon, Jordan, the Gaza Strip, and the West Bank, to define a Palestinian refugee as a person who-- (1) resided, between June 1946 and May 1948, in the region controlled by Britain between 1922 and 1948 that was known as Mandatory Palestine; (2) was personally displaced as a result of the 1948 Arab- Israeli conflict; and (3) has not accepted an offer of legal residency status, citizenship, or other permanent adjustment in status in another country or territory. (b) Limitations on Refugee and Derivative Refugee Status.--In applying the definition under subsection (a) with respect to refugees receiving assistance from UNRWA, it shall be the policy of the United States, consistent with the definition of refugee in section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 1157), that-- (1) derivative refugee status may only be extended to the spouse or a minor child of a Palestinian refugee; and (2) an alien who is firmly resettled in any country is not eligible to retain refugee status. SEC. 3. UNITED STATES CONTRIBUTIONS TO UNRWA. Section 301(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of anti-Semitism; and ``(ii) includes the contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Relations of the Senate; ``(ii) the Committee on Appropriations of the Senate; ``(iii) the Committee on Foreign Affairs of the House of Representatives; and ``(iv) the Committee on Appropriations of the House of Representatives. ``(C) Boycott of, divestment from, and sanctions against israel.--The term `boycott of, divestment from, and sanctions against Israel' has the meaning given to such term in section 909(f)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4452(f)(1)). ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(2) Certification.--Notwithstanding any other provision of law, the United States may not provide contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) unless the Secretary of State submits a written certification to the appropriate congressional committees that-- ``(A) no official, employee, consultant, contractor, subcontractor, representative, affiliate of UNRWA, an UNRWA partner organization, or an UNRWA contracting entity pursuant to completion of a thorough vetting and background check process-- ``(i) is a member of, is affiliated with, or has any ties to a foreign terrorist organization, including Hamas and Hezbollah; ``(ii) has advocated, planned, sponsored, or engaged in any terrorist activity; ``(iii) has propagated or disseminated anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including-- ``(I) calling for or encouraging the destruction of Israel; ``(II) failing to recognize Israel's right to exist; ``(III) showing maps without Israel; ``(IV) describing Israelis as `occupiers' or `settlers'; ``(V) advocating, endorsing, or expressing support for violence, hatred, jihad, martyrdom, or terrorism, glorifying, honoring, or otherwise memorializing any person or group that has advocated, sponsored, or committed acts of terrorism, or providing material support to terrorists or their families; ``(VI) expressing support for boycott of, divestment from, and sanctions against Israel (commonly referred to as `BDS'); ``(VII) claiming or advocating for a `right of return' of refugees into Israel; ``(VIII) ignoring, denying, or not recognizing the historic connection of the Jewish people to the land of Israel; and ``(IX) calling for violence against Americans; or ``(iv) has used any UNRWA resources, including publications, websites, or social media platforms, to propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including with respect to any of the matters described in subclauses (I) through (IX) of clause (iii); ``(B) no UNRWA school, hospital, clinic, facility, or other infrastructure or resource is being used by a foreign terrorist organization or any member thereof-- ``(i) for terrorist activities, such as operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials; or ``(ii) as an access point to any underground tunnel network, or any other terrorist-related purposes; ``(C) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm that-- ``(i) is agreed upon by the Government of Israel and the Palestinian Authority; and ``(ii) has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by any foreign terrorist organization or members thereof; ``(D) no UNRWA controlled or funded facility, such as a school, an educational institution, or a summer camp, uses textbooks or other educational materials that propagate or disseminate anti-American, anti- Israel, or anti-Semitic rhetoric, incitement, or propaganda, including with respect to any of the matters described in subclauses (I) through (IX) of subparagraph (A)(iii); ``(E) no recipient of UNRWA funds or loans is-- ``(i) a member of, is affiliated with, or has any ties to a foreign terrorist organization; or ``(ii) otherwise engaged in terrorist activities; and ``(F) UNRWA holds no accounts or other affiliations with financial institutions that the United States considers or believes to be complicit in money laundering and terror financing. ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(B) Notification of renunciation.--If a certification becomes ineffective pursuant to subparagraph (A), the Secretary shall promptly notify the appropriate congressional committees of the reasons for renouncing or failing to renew such certification. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''. SEC. 4. REPORT. (a) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. (b) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees describing the actions being taken to implement a comprehensive plan for-- (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in section 2; (2) urging other countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961, as added by section 3; (3) working with other countries to phase out UNRWA and assist Palestinians receiving UNRWA services by-- (A) integrating such Palestinians into their local communities in the countries in which they are residing; or (B) resettling such Palestinians in countries other than Israel or territories controlled by Israel in the West Bank in accordance with international humanitarian principles; and (4) ensuring that the actions described in paragraph (3)-- (A) are being implemented in complete coordination with, and with the support of, Israel; and (B) do not endanger the security of Israel in any way. <all>

UNRWA Accountability and Transparency Act

A bill to withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes.

UNRWA Accountability and Transparency Act

Sen. Risch, James E.

R

ID

This bill makes changes to U.S. foreign policy in matters concerning the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). For purposes of this policy, the bill defines Palestinian refugee as a person who (1) resided from June 1946 to May 1948 in Mandatory Palestine (a region controlled by Britain until 1948), (2) was personally displaced as a result of the 1948 Arab-Israeli conflict, and (3) has not accepted citizenship or other permanent adjustment in status in another country. The bill withholds U.S. funding for the UNRWA unless the Department of State makes certifications concerning the UNRWA's staff, partners, and funding. Specifically, the State Department must certify that neither UNRWA staff and partners nor its funding and facilities are affiliated with terrorism or engaged in the dissemination of anti-American, anti-Israel, or anti-Semitic ideologies. Additionally, the State Department must certify that the UNRWA is subject to comprehensive financial audits by an independent auditing firm and is unaffiliated with any financial institutions that the United States considers to be complicit in money laundering or terror financing. The bill also requires the State Department to implement a plan to encourage other countries to align their activities and efforts regarding the UNRWA with U.S. policy objectives, including the phase out of the UNRWA by resettling Palestinian refugees in countries other than Israel and in territories not controlled by Israel. The State Department must report to Congress on this plan.

2. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 3. UNITED STATES CONTRIBUTIONS TO UNRWA. 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of anti-Semitism; and ``(ii) includes the contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Relations of the Senate; ``(ii) the Committee on Appropriations of the Senate; ``(iii) the Committee on Foreign Affairs of the House of Representatives; and ``(iv) the Committee on Appropriations of the House of Representatives. 4452(f)(1)). ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(B) Notification of renunciation.--If a certification becomes ineffective pursuant to subparagraph (A), the Secretary shall promptly notify the appropriate congressional committees of the reasons for renouncing or failing to renew such certification. SEC. 4. (b) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees describing the actions being taken to implement a comprehensive plan for-- (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in section 2; (2) urging other countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961, as added by section 3; (3) working with other countries to phase out UNRWA and assist Palestinians receiving UNRWA services by-- (A) integrating such Palestinians into their local communities in the countries in which they are residing; or (B) resettling such Palestinians in countries other than Israel or territories controlled by Israel in the West Bank in accordance with international humanitarian principles; and (4) ensuring that the actions described in paragraph (3)-- (A) are being implemented in complete coordination with, and with the support of, Israel; and (B) do not endanger the security of Israel in any way.

2. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 3. UNITED STATES CONTRIBUTIONS TO UNRWA. 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of anti-Semitism; and ``(ii) includes the contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Relations of the Senate; ``(ii) the Committee on Appropriations of the Senate; ``(iii) the Committee on Foreign Affairs of the House of Representatives; and ``(iv) the Committee on Appropriations of the House of Representatives. 4452(f)(1)). ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. SEC. 4.

2. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 3. UNITED STATES CONTRIBUTIONS TO UNRWA. 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of anti-Semitism; and ``(ii) includes the contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Relations of the Senate; ``(ii) the Committee on Appropriations of the Senate; ``(iii) the Committee on Foreign Affairs of the House of Representatives; and ``(iv) the Committee on Appropriations of the House of Representatives. 4452(f)(1)). ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(B) Notification of renunciation.--If a certification becomes ineffective pursuant to subparagraph (A), the Secretary shall promptly notify the appropriate congressional committees of the reasons for renouncing or failing to renew such certification. SEC. 4. (b) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees describing the actions being taken to implement a comprehensive plan for-- (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in section 2; (2) urging other countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961, as added by section 3; (3) working with other countries to phase out UNRWA and assist Palestinians receiving UNRWA services by-- (A) integrating such Palestinians into their local communities in the countries in which they are residing; or (B) resettling such Palestinians in countries other than Israel or territories controlled by Israel in the West Bank in accordance with international humanitarian principles; and (4) ensuring that the actions described in paragraph (3)-- (A) are being implemented in complete coordination with, and with the support of, Israel; and (B) do not endanger the security of Israel in any way.

2. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 3. UNITED STATES CONTRIBUTIONS TO UNRWA. 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of anti-Semitism; and ``(ii) includes the contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Relations of the Senate; ``(ii) the Committee on Appropriations of the Senate; ``(iii) the Committee on Foreign Affairs of the House of Representatives; and ``(iv) the Committee on Appropriations of the House of Representatives. 4452(f)(1)). ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(B) Notification of renunciation.--If a certification becomes ineffective pursuant to subparagraph (A), the Secretary shall promptly notify the appropriate congressional committees of the reasons for renouncing or failing to renew such certification. SEC. 4. (b) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees describing the actions being taken to implement a comprehensive plan for-- (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in section 2; (2) urging other countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961, as added by section 3; (3) working with other countries to phase out UNRWA and assist Palestinians receiving UNRWA services by-- (A) integrating such Palestinians into their local communities in the countries in which they are residing; or (B) resettling such Palestinians in countries other than Israel or territories controlled by Israel in the West Bank in accordance with international humanitarian principles; and (4) ensuring that the actions described in paragraph (3)-- (A) are being implemented in complete coordination with, and with the support of, Israel; and (B) do not endanger the security of Israel in any way.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. b) Limitations on Refugee and Derivative Refugee Status.--In applying the definition under subsection (a) with respect to refugees receiving assistance from UNRWA, it shall be the policy of the United States, consistent with the definition of refugee in section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 1157), that-- (1) derivative refugee status may only be extended to the spouse or a minor child of a Palestinian refugee; and (2) an alien who is firmly resettled in any country is not eligible to retain refugee status. Section 301(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of anti-Semitism; and ``(ii) includes the contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(C) Boycott of, divestment from, and sanctions against israel.--The term `boycott of, divestment from, and sanctions against Israel' has the meaning given to such term in section 909(f)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4452(f)(1)). ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. STATEMENT OF POLICY. ( 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of anti-Semitism; and ``(ii) includes the contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. STATEMENT OF POLICY. ( 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of anti-Semitism; and ``(ii) includes the contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. b) Limitations on Refugee and Derivative Refugee Status.--In applying the definition under subsection (a) with respect to refugees receiving assistance from UNRWA, it shall be the policy of the United States, consistent with the definition of refugee in section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 1157), that-- (1) derivative refugee status may only be extended to the spouse or a minor child of a Palestinian refugee; and (2) an alien who is firmly resettled in any country is not eligible to retain refugee status. Section 301(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of anti-Semitism; and ``(ii) includes the contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(C) Boycott of, divestment from, and sanctions against israel.--The term `boycott of, divestment from, and sanctions against Israel' has the meaning given to such term in section 909(f)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4452(f)(1)). ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. STATEMENT OF POLICY. ( 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of anti-Semitism; and ``(ii) includes the contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. b) Limitations on Refugee and Derivative Refugee Status.--In applying the definition under subsection (a) with respect to refugees receiving assistance from UNRWA, it shall be the policy of the United States, consistent with the definition of refugee in section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 1157), that-- (1) derivative refugee status may only be extended to the spouse or a minor child of a Palestinian refugee; and (2) an alien who is firmly resettled in any country is not eligible to retain refugee status. Section 301(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of anti-Semitism; and ``(ii) includes the contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(C) Boycott of, divestment from, and sanctions against israel.--The term `boycott of, divestment from, and sanctions against Israel' has the meaning given to such term in section 909(f)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4452(f)(1)). ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. STATEMENT OF POLICY. ( 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of anti-Semitism; and ``(ii) includes the contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. b) Limitations on Refugee and Derivative Refugee Status.--In applying the definition under subsection (a) with respect to refugees receiving assistance from UNRWA, it shall be the policy of the United States, consistent with the definition of refugee in section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 1157), that-- (1) derivative refugee status may only be extended to the spouse or a minor child of a Palestinian refugee; and (2) an alien who is firmly resettled in any country is not eligible to retain refugee status. Section 301(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of anti-Semitism; and ``(ii) includes the contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(C) Boycott of, divestment from, and sanctions against israel.--The term `boycott of, divestment from, and sanctions against Israel' has the meaning given to such term in section 909(f)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4452(f)(1)). ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. STATEMENT OF POLICY. ( 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of anti-Semitism; and ``(ii) includes the contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. Section 301(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of anti-Semitism; and ``(ii) includes the contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(C) Boycott of, divestment from, and sanctions against israel.--The term `boycott of, divestment from, and sanctions against Israel' has the meaning given to such term in section 909(f)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4452(f)(1)). ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States. ''.

UNRWA Accountability and Transparency Act This bill declares it to be U.S. policy to: (1) define a Palestinian refugee as a person who resided, between June 1946 and May 1948, in the region controlled by Britain between 1922 and 1948 that was known as Mandatory Palestine; (2) personally displaced as a result of the 1948 Arab- Israeli conflict; and (3) Prohibits the United States from providing contributions to the United Nations Relief and Works Agency (UNRWA) or to the regular budget of the U.N. unless the Secretary of State submits a written certification to the appropriate congressional committees that: (1) no official, employee, consultant, contractor, subcontractor, representative, affiliate of UNRWA, an UNRW Directs the Secretary of State to report annually to Congress on actions being taken to implement a comprehensive plan for: (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in this Act; (2) urging countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for support of UNR

S.5041

Health

Training Psychiatrists for the Future Act This bill provides for additional psychiatry residency positions for purposes of graduate medical education payments under Medicare.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions in psychiatry and subspecialties. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Training Psychiatrists for the Future Act''. SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS IN PSYCHIATRY AND PSYCHIATRY SUBSPECIALTIES. (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)''; and (3) by adding at the end the following new paragraph: ``(10) Distribution of additional residency positions in psychiatry and psychiatry subspecialties.-- ``(A) Additional residency positions.-- ``(i) In general.--For fiscal year 2025, and for each succeeding fiscal year until the aggregate number of full-time equivalent residency positions distributed under this paragraph is equal to the aggregate number of such positions made available (as specified in clause (ii)(I)), the Secretary shall, subject to the succeeding provisions of this paragraph, increase the otherwise applicable resident limit for each qualifying hospital (as defined in subparagraph (F)) that submits a timely application under this subparagraph by such number as the Secretary may approve effective beginning July 1 of the fiscal year of the increase. ``(ii) Number available for distribution.-- ``(I) Total number available.--The aggregate number of such positions made available under this paragraph shall be equal to 400. ``(II) Annual limit.--The aggregate number of such positions so made available shall not exceed 200 for a fiscal year. ``(iii) Distribution for psychiatry or psychiatry subspecialty residencies.--Each of the positions made available under this paragraph shall be in a psychiatry or psychiatry subspecialty residency (as defined in subparagraph (F)). ``(iv) Process for distributing positions.-- ``(I) Rounds of applications.--The Secretary shall initiate a separate round of applications for an increase under clause (i) for each fiscal year for which such an increase is to be provided. ``(II) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a 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 beginning July 1 of such fiscal year. ``(B) Distribution.--For purposes of providing an increase in the otherwise applicable resident limit under subparagraph (A), the following shall apply: ``(i) Considerations in distribution.--In determining for which qualifying hospitals such an increase 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 training years beginning after the date the increase would be effective, as determined by the Secretary. ``(ii) 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 such aggregate number to the following categories of hospitals: ``(I) To hospitals that are located in a rural area (as defined in section 1886(d)(2)(D)) or are treated as being located in a rural area pursuant to section 1886(d)(8)(E). ``(II) To hospitals in which the reference resident level of the hospital (as specified in subparagraph (F)(iv)) is greater than the otherwise applicable resident limit. ``(III) To 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) To 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. ``(V) To hospitals located in States with less than 27 residents per 100,000 people. ``(C) Requirements.-- ``(i) In general.--Subject to clause (ii), a hospital that receives an increase in the otherwise applicable resident limit under this paragraph shall ensure, during the 5-year period beginning on the date of such increase, that-- ``(I) the number of full-time equivalent residents in a psychiatry or psychiatry subspecialty residency (as defined in subparagraph (F)), excluding any additional positions attributable to an increase under this paragraph, is not less than the average number of full-time equivalent residents in such a residency during the 3 most recent cost reporting periods ending prior to the date of enactment of this paragraph; and ``(II) all of the positions attributable to such increase are in a psychiatry or psychiatry subspecialty residency (as determined by the Secretary). The Secretary may determine whether a hospital has met the requirements under this clause during such 5-year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 5- year period. ``(ii) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (i) does not meet either of the requirements under subclause (I) or (II) of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(iii) Limitation.--A hospital may not receive more than 10 additional full-time equivalent residency positions under this paragraph. ``(iv) 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) Application of per resident amounts for 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 nonprimary care computed under paragraph (2)(D) for that hospital. ``(E) 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. ``(F) 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), (8)(B), and (9)(A). ``(ii) Psychiatry or psychiatry subspecialty residency.--The term `psychiatry or psychiatry subspecialty residency' means a residency in psychiatry as accredited by the Accreditation Council for Graduate Medical Education for the purpose of preventing, diagnosing, and treating mental health disorders. ``(iii) Qualifying hospital.--The term `qualifying hospital' means a hospital described in any of subclauses (I) through (V) of subparagraph (B)(ii). ``(iv) 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. ``(v) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i).''. (b) IME.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended-- (1) in clause (v), in the third sentence, by striking ``and (h)(9)'' and inserting ``(h)(9), and (h)(10)''; (2) by moving clause (xii) 4 ems to the left; and (3) by adding at the end the following new clause: ``(xiii) For discharges occurring on or after July 1, 2024, 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.''. (c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by inserting ``paragraph (10),'' after ``paragraph (8),''. <all>

Training Psychiatrists for the Future Act

A bill to amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions in psychiatry and subspecialties.

Training Psychiatrists for the Future Act

Sen. Stabenow, Debbie

D

MI

This bill provides for additional psychiatry residency positions for purposes of graduate medical education payments under Medicare.

SHORT TITLE. SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS IN PSYCHIATRY AND PSYCHIATRY SUBSPECIALTIES. ``(ii) Number available for distribution.-- ``(I) Total number available.--The aggregate number of such positions made available under this paragraph shall be equal to 400. Such increase shall be effective beginning July 1 of such fiscal year. ``(II) To hospitals in which the reference resident level of the hospital (as specified in subparagraph (F)(iv)) is greater than the otherwise applicable resident limit. ``(III) To 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) To 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. The Secretary may determine whether a hospital has met the requirements under this clause during such 5-year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 5- year period. ``(D) Application of per resident amounts for 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 nonprimary care computed under paragraph (2)(D) for that hospital. ``(iii) Qualifying hospital.--The term `qualifying hospital' means a hospital described in any of subclauses (I) through (V) of subparagraph (B)(ii). (b) IME.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by inserting ``paragraph (10),'' after ``paragraph (8),''.

SHORT TITLE. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS IN PSYCHIATRY AND PSYCHIATRY SUBSPECIALTIES. ``(ii) Number available for distribution.-- ``(I) Total number available.--The aggregate number of such positions made available under this paragraph shall be equal to 400. Such increase shall be effective beginning July 1 of such fiscal year. ``(II) To hospitals in which the reference resident level of the hospital (as specified in subparagraph (F)(iv)) is greater than the otherwise applicable resident limit. ``(III) To 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) To 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. The Secretary may determine whether a hospital has met the requirements under this clause during such 5-year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 5- year period. ``(D) Application of per resident amounts for 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 nonprimary care computed under paragraph (2)(D) for that hospital. (b) IME.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by inserting ``paragraph (10),'' after ``paragraph (8),''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Training Psychiatrists for the Future Act''. SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS IN PSYCHIATRY AND PSYCHIATRY SUBSPECIALTIES. ``(ii) Number available for distribution.-- ``(I) Total number available.--The aggregate number of such positions made available under this paragraph shall be equal to 400. Such increase shall be effective beginning July 1 of such fiscal year. ``(II) To hospitals in which the reference resident level of the hospital (as specified in subparagraph (F)(iv)) is greater than the otherwise applicable resident limit. ``(III) To 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) To 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. ``(V) To hospitals located in States with less than 27 residents per 100,000 people. ``(C) Requirements.-- ``(i) In general.--Subject to clause (ii), a hospital that receives an increase in the otherwise applicable resident limit under this paragraph shall ensure, during the 5-year period beginning on the date of such increase, that-- ``(I) the number of full-time equivalent residents in a psychiatry or psychiatry subspecialty residency (as defined in subparagraph (F)), excluding any additional positions attributable to an increase under this paragraph, is not less than the average number of full-time equivalent residents in such a residency during the 3 most recent cost reporting periods ending prior to the date of enactment of this paragraph; and ``(II) all of the positions attributable to such increase are in a psychiatry or psychiatry subspecialty residency (as determined by the Secretary). The Secretary may determine whether a hospital has met the requirements under this clause during such 5-year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 5- year period. ``(D) Application of per resident amounts for 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 nonprimary care computed under paragraph (2)(D) for that hospital. ``(E) 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. ``(iii) Qualifying hospital.--The term `qualifying hospital' means a hospital described in any of subclauses (I) through (V) of subparagraph (B)(ii). (b) IME.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended-- (1) in clause (v), in the third sentence, by striking ``and (h)(9)'' and inserting ``(h)(9), and (h)(10)''; (2) by moving clause (xii) 4 ems to the left; and (3) by adding at the end the following new clause: ``(xiii) For discharges occurring on or after July 1, 2024, 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.''. 1395ww--4(h)(7)(E)) is amended by inserting ``paragraph (10),'' after ``paragraph (8),''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Training Psychiatrists for the Future Act''. SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS IN PSYCHIATRY AND PSYCHIATRY SUBSPECIALTIES. ``(ii) Number available for distribution.-- ``(I) Total number available.--The aggregate number of such positions made available under this paragraph shall be equal to 400. ``(iv) Process for distributing positions.-- ``(I) Rounds of applications.--The Secretary shall initiate a separate round of applications for an increase under clause (i) for each fiscal year for which such an increase is to be provided. Such increase shall be effective beginning July 1 of such fiscal year. ``(ii) 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 such aggregate number to the following categories of hospitals: ``(I) To hospitals that are located in a rural area (as defined in section 1886(d)(2)(D)) or are treated as being located in a rural area pursuant to section 1886(d)(8)(E). ``(II) To hospitals in which the reference resident level of the hospital (as specified in subparagraph (F)(iv)) is greater than the otherwise applicable resident limit. ``(III) To 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) To 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. ``(V) To hospitals located in States with less than 27 residents per 100,000 people. ``(C) Requirements.-- ``(i) In general.--Subject to clause (ii), a hospital that receives an increase in the otherwise applicable resident limit under this paragraph shall ensure, during the 5-year period beginning on the date of such increase, that-- ``(I) the number of full-time equivalent residents in a psychiatry or psychiatry subspecialty residency (as defined in subparagraph (F)), excluding any additional positions attributable to an increase under this paragraph, is not less than the average number of full-time equivalent residents in such a residency during the 3 most recent cost reporting periods ending prior to the date of enactment of this paragraph; and ``(II) all of the positions attributable to such increase are in a psychiatry or psychiatry subspecialty residency (as determined by the Secretary). The Secretary may determine whether a hospital has met the requirements under this clause during such 5-year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 5- year period. ``(ii) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (i) does not meet either of the requirements under subclause (I) or (II) of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(D) Application of per resident amounts for 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 nonprimary care computed under paragraph (2)(D) for that hospital. ``(E) 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) Psychiatry or psychiatry subspecialty residency.--The term `psychiatry or psychiatry subspecialty residency' means a residency in psychiatry as accredited by the Accreditation Council for Graduate Medical Education for the purpose of preventing, diagnosing, and treating mental health disorders. ``(iii) Qualifying hospital.--The term `qualifying hospital' means a hospital described in any of subclauses (I) through (V) of subparagraph (B)(ii). (b) IME.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended-- (1) in clause (v), in the third sentence, by striking ``and (h)(9)'' and inserting ``(h)(9), and (h)(10)''; (2) by moving clause (xii) 4 ems to the left; and (3) by adding at the end the following new clause: ``(xiii) For discharges occurring on or after July 1, 2024, 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.''. (c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by inserting ``paragraph (10),'' after ``paragraph (8),''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions in psychiatry and subspecialties. This Act may be cited as the ``Training Psychiatrists for the Future Act''. ``(ii) Number available for distribution.-- ``(I) Total number available.--The aggregate number of such positions made available under this paragraph shall be equal to 400. ``(II) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. ``(ii) 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 such aggregate number to the following categories of hospitals: ``(I) To hospitals that are located in a rural area (as defined in section 1886(d)(2)(D)) or are treated as being located in a rural area pursuant to section 1886(d)(8)(E). ``(II) To hospitals in which the reference resident level of the hospital (as specified in subparagraph (F)(iv)) is greater than the otherwise applicable resident limit. ``(IV) To 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. ``(V) To hospitals located in States with less than 27 residents per 100,000 people. ``(ii) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (i) does not meet either of the requirements under subclause (I) or (II) of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(iv) 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) 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. ``(F) 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), (8)(B), and (9)(A). ``(v) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i).''. ( c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by inserting ``paragraph (10),'' after ``paragraph (8),''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions in psychiatry and subspecialties. ``(iii) Distribution for psychiatry or psychiatry subspecialty residencies.--Each of the positions made available under this paragraph shall be in a psychiatry or psychiatry subspecialty residency (as defined in subparagraph (F)). ``(II) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. ``(B) Distribution.--For purposes of providing an increase in the otherwise applicable resident limit under subparagraph (A), the following shall apply: ``(i) Considerations in distribution.--In determining for which qualifying hospitals such an increase 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 training years beginning after the date the increase would be effective, as determined by the Secretary. ``(IV) To 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) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (i) does not meet either of the requirements under subclause (I) or (II) of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(iv) 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. ``(F) 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), (8)(B), and (9)(A). ``(v) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i).''. ( c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by inserting ``paragraph (10),'' after ``paragraph (8),''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions in psychiatry and subspecialties. ``(iii) Distribution for psychiatry or psychiatry subspecialty residencies.--Each of the positions made available under this paragraph shall be in a psychiatry or psychiatry subspecialty residency (as defined in subparagraph (F)). ``(II) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. ``(B) Distribution.--For purposes of providing an increase in the otherwise applicable resident limit under subparagraph (A), the following shall apply: ``(i) Considerations in distribution.--In determining for which qualifying hospitals such an increase 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 training years beginning after the date the increase would be effective, as determined by the Secretary. ``(IV) To 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) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (i) does not meet either of the requirements under subclause (I) or (II) of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(iv) 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. ``(F) 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), (8)(B), and (9)(A). ``(v) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i).''. ( c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by inserting ``paragraph (10),'' after ``paragraph (8),''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions in psychiatry and subspecialties. This Act may be cited as the ``Training Psychiatrists for the Future Act''. ``(ii) Number available for distribution.-- ``(I) Total number available.--The aggregate number of such positions made available under this paragraph shall be equal to 400. ``(II) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. ``(ii) 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 such aggregate number to the following categories of hospitals: ``(I) To hospitals that are located in a rural area (as defined in section 1886(d)(2)(D)) or are treated as being located in a rural area pursuant to section 1886(d)(8)(E). ``(II) To hospitals in which the reference resident level of the hospital (as specified in subparagraph (F)(iv)) is greater than the otherwise applicable resident limit. ``(IV) To 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. ``(V) To hospitals located in States with less than 27 residents per 100,000 people. ``(ii) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (i) does not meet either of the requirements under subclause (I) or (II) of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(iv) 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) 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. ``(F) 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), (8)(B), and (9)(A). ``(v) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i).''. ( c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by inserting ``paragraph (10),'' after ``paragraph (8),''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions in psychiatry and subspecialties. ``(iii) Distribution for psychiatry or psychiatry subspecialty residencies.--Each of the positions made available under this paragraph shall be in a psychiatry or psychiatry subspecialty residency (as defined in subparagraph (F)). ``(II) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. ``(B) Distribution.--For purposes of providing an increase in the otherwise applicable resident limit under subparagraph (A), the following shall apply: ``(i) Considerations in distribution.--In determining for which qualifying hospitals such an increase 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 training years beginning after the date the increase would be effective, as determined by the Secretary. ``(IV) To 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) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (i) does not meet either of the requirements under subclause (I) or (II) of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(iv) 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. ``(F) 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), (8)(B), and (9)(A). ``(v) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i).''. ( c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by inserting ``paragraph (10),'' after ``paragraph (8),''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions in psychiatry and subspecialties. This Act may be cited as the ``Training Psychiatrists for the Future Act''. ``(ii) Number available for distribution.-- ``(I) Total number available.--The aggregate number of such positions made available under this paragraph shall be equal to 400. ``(II) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. ``(ii) 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 such aggregate number to the following categories of hospitals: ``(I) To hospitals that are located in a rural area (as defined in section 1886(d)(2)(D)) or are treated as being located in a rural area pursuant to section 1886(d)(8)(E). ``(II) To hospitals in which the reference resident level of the hospital (as specified in subparagraph (F)(iv)) is greater than the otherwise applicable resident limit. ``(IV) To 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. ``(V) To hospitals located in States with less than 27 residents per 100,000 people. ``(ii) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (i) does not meet either of the requirements under subclause (I) or (II) of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(iv) 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) 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. ``(F) 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), (8)(B), and (9)(A). ``(v) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i).''. ( c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by inserting ``paragraph (10),'' after ``paragraph (8),''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions in psychiatry and subspecialties. ``(iii) Distribution for psychiatry or psychiatry subspecialty residencies.--Each of the positions made available under this paragraph shall be in a psychiatry or psychiatry subspecialty residency (as defined in subparagraph (F)). ``(II) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. ``(B) Distribution.--For purposes of providing an increase in the otherwise applicable resident limit under subparagraph (A), the following shall apply: ``(i) Considerations in distribution.--In determining for which qualifying hospitals such an increase 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 training years beginning after the date the increase would be effective, as determined by the Secretary. ``(IV) To 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) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (i) does not meet either of the requirements under subclause (I) or (II) of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(iv) 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. ``(F) 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), (8)(B), and (9)(A). ``(v) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i).''. ( c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by inserting ``paragraph (10),'' after ``paragraph (8),''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions in psychiatry and subspecialties. ``(IV) To 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) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (i) does not meet either of the requirements under subclause (I) or (II) of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(iv) 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. ``(F) 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), (8)(B), and (9)(A). c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by inserting ``paragraph (10),'' after ``paragraph (8),''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions in psychiatry and subspecialties. ``(B) Distribution.--For purposes of providing an increase in the otherwise applicable resident limit under subparagraph (A), the following shall apply: ``(i) Considerations in distribution.--In determining for which qualifying hospitals such an increase 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 training years beginning after the date the increase would be effective, as determined by the Secretary. ``(F) 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), (8)(B), and (9)(A). c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by inserting ``paragraph (10),'' after ``paragraph (8),''.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions in psychiatry and subspecialties. ``(IV) To 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) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (i) does not meet either of the requirements under subclause (I) or (II) of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(iv) 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. ``(F) 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), (8)(B), and (9)(A). c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by inserting ``paragraph (10),'' after ``paragraph (8),''.

Training Psychiatrists for the Future Act - Amends title XVIII (Medicare) of the Social Security Act to provide for the distribution of additional residency positions in psychiatry and subspecialties. (Currently, the Secretary of Health and Human Services is required to increase the resident limit for each qualifying hospital that submits a timely application for such increase by such number as the Secretary may approve effective Amends title XVIII (Medicare) of the Social Security Act to prohibit any increase in the otherwise applicable resident limit of a hospital unless the hospital agrees to increase the total number of full-time equivalent residency positions under the approved medical residency training program by the number of such positions made available by such increase. (Currently, the limit is 10 positions.) (Sec. XIX)

S.4447

Housing and Community Development

Eleanor Smith Inclusive Home Design Act of 2022 This bill requires certain newly constructed, federally assisted housing, including single-family homes and town houses, to contain at least one level that complies with specified minimum standards of accessibility for individuals with disabilities. An aggrieved person may commence a civil action with respect to a violation of this requirement.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Covered dwelling unit.--The term ``covered dwelling unit'' means a dwelling unit that-- (A) is-- (i) a detached single-family house; (ii) a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures); or (iii) a ground-floor unit in a building of not more than 3 dwelling units; (B) is designed as, or intended for occupancy as, a residence; (C) was designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by any person or entity that, at any time before the design or construction, received or was guaranteed Federal financial assistance for any program or activity relating to the design, construction, or commissioning, contracting, or other arrangement for construction, of the dwelling unit; and (D) is made available for first occupancy on or after the date that is 1 year after the date of enactment of this Act. (2) Federal financial assistance.--The term ``Federal financial assistance'' means-- (A) any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development or the Secretary of Veterans Affairs, or under any program or activity of the Department of Housing and Urban Development or the Department of Veterans Affairs, through any grant, loan, contract, or any other arrangement, on or after the date that is 1 year after the date of enactment of this Act, including-- (i) a grant, a subsidy, or any other funds; (ii) service provided by a Federal employee; (iii) real or personal property or any interest in or use of such property, including-- (I) a transfer or lease of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of the fair market value is not returned to the Federal Government; (iv) any-- (I) tax credit; or (II) mortgage or loan guarantee or insurance; and (v) community development funds in the form of an obligation guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); and (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.). (3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. SEC. 3. VISITABILITY REQUIREMENT. It shall be unlawful for any person or entity, with respect to a covered dwelling unit designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by the person or entity, to fail to ensure that the dwelling unit contains not less than 1 level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (commonly known as ``ANSI'') Standards for Accessible and Usable Buildings and Facilities (section 1005 of ICC ANSI A117.1-2009) or any successor standard. SEC. 4. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. (b) Approval of Architectural, Interior Design, and Construction Plans.-- (1) Submission.-- (A) In general.--An applicant for or recipient of Federal financial assistance for the design, construction, or commissioning, contracting, or other arrangement for construction, of a covered dwelling unit shall submit for approval the architectural, interior design, and construction plans for the unit to the State or local department or agency that is responsible, under applicable State or local law, for the review and approval of construction and design plans for compliance with generally applicable building codes or requirements (in this subsection referred to as the ``appropriate State or local agency''). (B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance with respect to the covered dwelling unit. (2) Determination of compliance.-- (A) Condition of federal housing assistance.--The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs may not provide any Federal financial assistance under any program administered by the Secretary involved to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency thereof is, in the determination of the Secretary involved, taking the enforcement actions under subparagraph (B). (B) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted under paragraph (1) and approving or disapproving the plans based on compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until the appropriate State or local agency determines compliance as described in clause (i). (c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). (2) Liability of state or local agency.--In a civil action brought under paragraph (1) for a violation involving architectural or construction plans for a covered dwelling unit that were approved by the appropriate State or local agency-- (A) if the approved plans violate this Act and any construction on the covered dwelling unit that violates this Act was performed in accordance with the approved plans, the State or local agency shall be liable for that construction; and (B) if the approved plans comply with this Act and any construction on the covered dwelling unit violates this Act, the person or entity responsible for the construction shall be liable for that construction. (d) Enforcement by Attorney General.-- (1) Civil action.--If the Attorney General has reasonable cause to believe that a person or group of persons has violated this Act, the Attorney General may bring a civil action in an appropriate district court of the United States. (2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this Act has occurred or is about to occur, the court-- (1) may award to the plaintiff actual and punitive damages; and (2) subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in accordance with this Act shall not be considered to terminate until the violation is corrected. (g) Attorney's Fees.--In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of the relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this section. SEC. 5. EFFECT ON STATE LAWS. Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid. SEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress. SEC. 7. SEVERABILITY OF PROVISIONS. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remaining provisions of this Act and the application of those provisions to other persons or circumstances shall not be affected thereby. <all>

Eleanor Smith Inclusive Home Design Act of 2022

A bill to require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities.

Eleanor Smith Inclusive Home Design Act of 2022

Sen. Duckworth, Tammy

D

IL

This bill requires certain newly constructed, federally assisted housing, including single-family homes and town houses, to contain at least one level that complies with specified minimum standards of accessibility for individuals with disabilities. An aggrieved person may commence a civil action with respect to a violation of this requirement.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. (2) Federal financial assistance.--The term ``Federal financial assistance'' means-- (A) any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development or the Secretary of Veterans Affairs, or under any program or activity of the Department of Housing and Urban Development or the Department of Veterans Affairs, through any grant, loan, contract, or any other arrangement, on or after the date that is 1 year after the date of enactment of this Act, including-- (i) a grant, a subsidy, or any other funds; (ii) service provided by a Federal employee; (iii) real or personal property or any interest in or use of such property, including-- (I) a transfer or lease of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of the fair market value is not returned to the Federal Government; (iv) any-- (I) tax credit; or (II) mortgage or loan guarantee or insurance; and (v) community development funds in the form of an obligation guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); and (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 3. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. (2) Liability of state or local agency.--In a civil action brought under paragraph (1) for a violation involving architectural or construction plans for a covered dwelling unit that were approved by the appropriate State or local agency-- (A) if the approved plans violate this Act and any construction on the covered dwelling unit that violates this Act was performed in accordance with the approved plans, the State or local agency shall be liable for that construction; and (B) if the approved plans comply with this Act and any construction on the covered dwelling unit violates this Act, the person or entity responsible for the construction shall be liable for that construction. (2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (g) Attorney's Fees.--In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. EFFECT ON STATE LAWS. SEC. SEVERABILITY OF PROVISIONS.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. 5308); and (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 3. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. (2) Liability of state or local agency.--In a civil action brought under paragraph (1) for a violation involving architectural or construction plans for a covered dwelling unit that were approved by the appropriate State or local agency-- (A) if the approved plans violate this Act and any construction on the covered dwelling unit that violates this Act was performed in accordance with the approved plans, the State or local agency shall be liable for that construction; and (B) if the approved plans comply with this Act and any construction on the covered dwelling unit violates this Act, the person or entity responsible for the construction shall be liable for that construction. (2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (g) Attorney's Fees.--In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. EFFECT ON STATE LAWS. SEC. SEVERABILITY OF PROVISIONS.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2022''. DEFINITIONS. (2) Federal financial assistance.--The term ``Federal financial assistance'' means-- (A) any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development or the Secretary of Veterans Affairs, or under any program or activity of the Department of Housing and Urban Development or the Department of Veterans Affairs, through any grant, loan, contract, or any other arrangement, on or after the date that is 1 year after the date of enactment of this Act, including-- (i) a grant, a subsidy, or any other funds; (ii) service provided by a Federal employee; (iii) real or personal property or any interest in or use of such property, including-- (I) a transfer or lease of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of the fair market value is not returned to the Federal Government; (iv) any-- (I) tax credit; or (II) mortgage or loan guarantee or insurance; and (v) community development funds in the form of an obligation guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); and (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.). (3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. 3. It shall be unlawful for any person or entity, with respect to a covered dwelling unit designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by the person or entity, to fail to ensure that the dwelling unit contains not less than 1 level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (commonly known as ``ANSI'') Standards for Accessible and Usable Buildings and Facilities (section 1005 of ICC ANSI A117.1-2009) or any successor standard. 4. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. (2) Liability of state or local agency.--In a civil action brought under paragraph (1) for a violation involving architectural or construction plans for a covered dwelling unit that were approved by the appropriate State or local agency-- (A) if the approved plans violate this Act and any construction on the covered dwelling unit that violates this Act was performed in accordance with the approved plans, the State or local agency shall be liable for that construction; and (B) if the approved plans comply with this Act and any construction on the covered dwelling unit violates this Act, the person or entity responsible for the construction shall be liable for that construction. (2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (g) Attorney's Fees.--In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of the relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this section. 5. EFFECT ON STATE LAWS. 6. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress. SEC. 7. SEVERABILITY OF PROVISIONS.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2022''. DEFINITIONS. (2) Federal financial assistance.--The term ``Federal financial assistance'' means-- (A) any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development or the Secretary of Veterans Affairs, or under any program or activity of the Department of Housing and Urban Development or the Department of Veterans Affairs, through any grant, loan, contract, or any other arrangement, on or after the date that is 1 year after the date of enactment of this Act, including-- (i) a grant, a subsidy, or any other funds; (ii) service provided by a Federal employee; (iii) real or personal property or any interest in or use of such property, including-- (I) a transfer or lease of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of the fair market value is not returned to the Federal Government; (iv) any-- (I) tax credit; or (II) mortgage or loan guarantee or insurance; and (v) community development funds in the form of an obligation guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); and (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.). (3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. 3. It shall be unlawful for any person or entity, with respect to a covered dwelling unit designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by the person or entity, to fail to ensure that the dwelling unit contains not less than 1 level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (commonly known as ``ANSI'') Standards for Accessible and Usable Buildings and Facilities (section 1005 of ICC ANSI A117.1-2009) or any successor standard. 4. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. (B) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted under paragraph (1) and approving or disapproving the plans based on compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until the appropriate State or local agency determines compliance as described in clause (i). (2) Liability of state or local agency.--In a civil action brought under paragraph (1) for a violation involving architectural or construction plans for a covered dwelling unit that were approved by the appropriate State or local agency-- (A) if the approved plans violate this Act and any construction on the covered dwelling unit that violates this Act was performed in accordance with the approved plans, the State or local agency shall be liable for that construction; and (B) if the approved plans comply with this Act and any construction on the covered dwelling unit violates this Act, the person or entity responsible for the construction shall be liable for that construction. (2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this Act has occurred or is about to occur, the court-- (1) may award to the plaintiff actual and punitive damages; and (2) subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). (g) Attorney's Fees.--In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of the relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this section. 5. EFFECT ON STATE LAWS. 6. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress. SEC. 7. SEVERABILITY OF PROVISIONS. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remaining provisions of this Act and the application of those provisions to other persons or circumstances shall not be affected thereby.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2022''. (3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance with respect to the covered dwelling unit. ( 2) Determination of compliance.-- (A) Condition of federal housing assistance.--The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs may not provide any Federal financial assistance under any program administered by the Secretary involved to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency thereof is, in the determination of the Secretary involved, taking the enforcement actions under subparagraph (B). (B) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted under paragraph (1) and approving or disapproving the plans based on compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until the appropriate State or local agency determines compliance as described in clause (i). ( c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). d) Enforcement by Attorney General.-- (1) Civil action.--If the Attorney General has reasonable cause to believe that a person or group of persons has violated this Act, the Attorney General may bring a civil action in an appropriate district court of the United States. ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this Act has occurred or is about to occur, the court-- (1) may award to the plaintiff actual and punitive damages; and (2) subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). ( h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of the relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this section. Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2022''. 3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. VISITABILITY REQUIREMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. ( B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance with respect to the covered dwelling unit. ( (c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. ( (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in accordance with this Act shall not be considered to terminate until the violation is corrected. ( Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2022''. 3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. VISITABILITY REQUIREMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. ( B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance with respect to the covered dwelling unit. ( (c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. ( (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in accordance with this Act shall not be considered to terminate until the violation is corrected. ( Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2022''. (3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance with respect to the covered dwelling unit. ( 2) Determination of compliance.-- (A) Condition of federal housing assistance.--The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs may not provide any Federal financial assistance under any program administered by the Secretary involved to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency thereof is, in the determination of the Secretary involved, taking the enforcement actions under subparagraph (B). (B) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted under paragraph (1) and approving or disapproving the plans based on compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until the appropriate State or local agency determines compliance as described in clause (i). ( c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). d) Enforcement by Attorney General.-- (1) Civil action.--If the Attorney General has reasonable cause to believe that a person or group of persons has violated this Act, the Attorney General may bring a civil action in an appropriate district court of the United States. ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this Act has occurred or is about to occur, the court-- (1) may award to the plaintiff actual and punitive damages; and (2) subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). ( h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of the relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this section. Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2022''. 3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. VISITABILITY REQUIREMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. ( B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance with respect to the covered dwelling unit. ( (c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. ( (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in accordance with this Act shall not be considered to terminate until the violation is corrected. ( Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2022''. (3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance with respect to the covered dwelling unit. ( 2) Determination of compliance.-- (A) Condition of federal housing assistance.--The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs may not provide any Federal financial assistance under any program administered by the Secretary involved to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency thereof is, in the determination of the Secretary involved, taking the enforcement actions under subparagraph (B). (B) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted under paragraph (1) and approving or disapproving the plans based on compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until the appropriate State or local agency determines compliance as described in clause (i). ( c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). d) Enforcement by Attorney General.-- (1) Civil action.--If the Attorney General has reasonable cause to believe that a person or group of persons has violated this Act, the Attorney General may bring a civil action in an appropriate district court of the United States. ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this Act has occurred or is about to occur, the court-- (1) may award to the plaintiff actual and punitive damages; and (2) subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). ( h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of the relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this section. Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2022''. 3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. VISITABILITY REQUIREMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. ( B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance with respect to the covered dwelling unit. ( (c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. ( (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in accordance with this Act shall not be considered to terminate until the violation is corrected. ( Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance with respect to the covered dwelling unit. ( (B) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted under paragraph (1) and approving or disapproving the plans based on compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until the appropriate State or local agency determines compliance as described in clause (i). ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this Act has occurred or is about to occur, the court-- (1) may award to the plaintiff actual and punitive damages; and (2) subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). ( Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2022''. 3) Person or entity.--The term ``person or entity'' includes an individual, corporation (including a not-for-profit corporation), partnership, association, labor organization, legal representative, mutual corporation, joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11, United States Code, receiver, or fiduciary. VISITABILITY REQUIREMENT. (a) Requirement for Federal Financial Assistance.--An applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this Act. ( B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance with respect to the covered dwelling unit. ( (c) Civil Action for Private Persons.-- (1) Action.--Not later than 2 years after the occurrence or termination, whichever is later, of an act or omission with respect to a covered dwelling unit in violation of this Act, a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the United States or State court against any person or entity responsible for any part of the design or construction of the covered dwelling unit, subject to paragraph (2). ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. ( (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in accordance with this Act shall not be considered to terminate until the violation is corrected. ( Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution of the United States or any other Act of Congress.

To require all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. B) Notice included.--In submitting plans under subparagraph (A), a person or entity shall include notice that the person or entity has applied for or received Federal financial assistance with respect to the covered dwelling unit. ( (B) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted under paragraph (1) and approving or disapproving the plans based on compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until the appropriate State or local agency determines compliance as described in clause (i). ( 2) Intervention in private action.--The Attorney General may, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this Act has occurred or is about to occur, the court-- (1) may award to the plaintiff actual and punitive damages; and (2) subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). ( Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid.

Eleanor Smith Inclusive Home Design Act of 2022 - Requires all newly constructed, federally assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. Prohibits any person or entity from failing to ensure that the dwelling unit contains at least one level that complies with the Standards for Type C (Visitable) Units of the American National Standards Directs the Attorney General to bring civil actions against any person or entity responsible for any part of the design or construction of a covered dwelling unit that is not designed or constructed in accordance with this Act. (Sec. 5) Provides for civil action for private persons, including civil actions for violations of this Act involving architectural or construction plans for a dwelling unit approved by a State or local agency

H.R.4326

Energy

Electric Vehicle Mobility Area Planning Act or the EV MAP Act This bill requires the Department of Energy to establish a grant program to assist electric utilities and other eligible entities in identifying locations for electric vehicle charging stations to meet the needs of electric vehicle drivers.

To establish a grant program to map optimal locations for electric vehicle charging stations and the derived demand for electricity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Vehicle Mobility Area Planning Act'' or the ``EV MAP Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (2) Direct current fast charging equipment.--The term ``direct current fast charging equipment'' means electric vehicle supply equipment that provides a direct current power source at a minimum of 50 kilowatts. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a college or university; (B) a nonprofit entity; (C) an electric cooperative; (D) a political subdivision of a State; (E) any agency, authority, corporation, or instrumentality of-- (i) a State; (ii) a political subdivision of a State; or (iii) an Indian Tribe; (F) a municipally owned electric utility; (G) a Tribally owned electric utility; (H) an investor-owned electric utility; (I) a private entity; and (J) a partnership of 2 or more entities described in any of subparagraphs (A) through (I). (4) Electric vehicle.--The term ``electric vehicle'' means a light-, medium-, or heavy-duty vehicle that is powered primarily by an electric motor drawing current from rechargeable batteries, including-- (A) a battery electric vehicle; and (B) a plug-in hybrid vehicle. (5) Electric vehicle charging station.--The term ``electric vehicle charging station'' means electric vehicle supply equipment that provides electric current to recharge electric vehicles, including, as applicable, alternating current or direct current charging capabilities, at-- (A) a multi-unit housing structure; (B) a workplace; (C) a commercial location; or (D) any location that is open to the public. (6) Evaluation period.--The term ``evaluation period'' means the 5-year period beginning on the date on which an eligible entity receives a grant under the program. (7) Grant date.--The term ``grant date'' means the date on which an eligible entity receives a grant under the program. (8) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (9) Level 2 charging equipment.--The term ``level 2 charging equipment'' means electric vehicle supply equipment that provides an alternating current power source at a minimum of 240 volts. (10) Program.--The term ``program'' means the program established under section 3(a). (11) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. ELECTRIC VEHICLE CHARGING STATION MAPPING PROGRAM. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide grants to, or enter into cooperative agreements with, eligible entities to carry out activities described in subsection (c)-- (1) to determine the locations in which electric vehicle charging stations will be needed to meet the needs of electric vehicle drivers during the evaluation period; and (2) to help guide future investments for electric vehicle charging stations. (b) Application; Consideration.-- (1) Application.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Consideration.--In awarding grants under the program, the Secretary may take into consideration and give priority to an eligible entity that will carry out activities using grant funds with respect to-- (A) a rural area; or (B) an area where, as of the date of enactment of this Act, there is a low concentration of electric vehicle charging stations at locations open to the public. (c) Use of Grant.--An eligible entity may use a grant received under the program-- (1) to evaluate, in an area in the United States designated by the eligible entity-- (A) the locations of electric vehicle owners on the grant date; and (B) the potential locations of electric vehicle owners during the evaluation period, based on data such as commuting and travel patterns; (2) to evaluate, in the area designated by the eligible entity, estimated commuting and travel patterns of electric vehicles-- (A) on the grant date; and (B) during the evaluation period; (3) to estimate, for the area designated by the eligible entity, the quantity of electricity required to serve electric vehicle charging stations-- (A) on the grant date; and (B) during the evaluation period; (4) to develop a map identifying concentrations of electric vehicle charging stations to meet the needs of current and future electric vehicle drivers in the area designated by the eligible entity, based on data such as commuting and travel patterns; (5) to estimate future needs for electric vehicle charging stations in the area designated by the eligible entity to support the adoption and use of electric vehicles in shared mobility solutions, such as micro-transit and transportation network companies; or (6) to develop an analytical model to allow a city, county, or other political subdivision of a State or a local agency to compare and evaluate different adoption and use scenarios for electric vehicles and electric vehicle charging stations, with the ability to adjust factors to account for locally and regionally specific characteristics. (d) Electric Vehicle Charging Station Database.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish and maintain a fully searchable database, which shall be accessible on the website of the Department of Energy, that contains, at a minimum-- (1) information maintained by the Office of Energy Efficiency and Renewable Energy of the Department of Energy with respect to the locations of electric vehicle charging stations; (2) potential locations for electric vehicle charging stations identified by eligible entities through the program; and (3) the ability for a user of the database to sort generated electric vehicle charging station results by various characteristics with respect to those electric vehicle charging stations, including-- (A) location, in terms of the State, city, or other area specified by the user; (B) accessibility, in terms whether the station is public or private; (C) status, in terms of whether the station is available, planned, or a potential location identified by an eligible entity under the program; and (D) charging type, in terms of-- (i) level 2 charging equipment; or (ii) direct current fast charging equipment. (e) Reports.-- (1) Reports to congress.--Not later than 18 months after the date of enactment of this Act, and annually thereafter during for duration of the program, the Secretary shall submit to the appropriate committees of Congress a report on the outcomes of the program, including-- (A) the concentrations and, to the maximum extent practicable, number of locations of electric vehicle charging stations identified by eligible entities in-- (i) rural areas; (ii) urban areas; or (iii) other areas with a combination of rural and urban areas; (B) an analysis, based on the concentrations or number of locations of electric vehicle charging stations identified by eligible entities, of-- (i) the potential of electric vehicle charging stations to reasonably support travel patterns of various distances for operators of electric vehicles; and (ii) any relevant variables with respect to the quantity of electricity required to serve, or that may impact the efficacy of, electric vehicle charging stations in-- (I) rural areas; (II) urban areas; or (III) other areas with a combination of rural and urban areas; (C) a summary of characteristics, trends, or lessons learned by eligible entities in identifying concentrations or locations of electric vehicle charging stations in-- (i) rural areas; (ii) urban areas; or (iii) other areas with a combination of rural and urban areas; and (D) such other information as the Secretary determines to be appropriate. (2) Reports to the secretary.-- (A) In general.--To facilitate the preparation of each report described in paragraph (1), each eligible entity receiving a grant under the program shall submit to the Secretary 1 or more reports containing, as applicable, the preliminary or complete findings, data, and results of each activity carried out by the eligible entity using the grant. (B) Timing.-- (i) First report.--The first report submitted under subparagraph (A) shall be submitted on the earlier of-- (I) the date on which the findings, data, and results described in that subparagraph are available; and (II) the date that is 1 year after the grant date. (ii) Subsequent reports.--If the first report submitted by an eligible entity under this paragraph does not contain the complete findings, data, and results of each activity carried out by the eligible entity using the applicable grant, a subsequent report shall be submitted as soon as practicable after the date on which those complete findings, data, and results are available. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $2,000,000 for each of fiscal years 2022 through 2027. (b) Administrative Costs.--Of the amounts made available to the Secretary under subsection (a) each fiscal year, the Secretary may use not more than 5 percent for administrative expenses necessary to carry out this Act. <all>

EV MAP Act

To establish a grant program to map optimal locations for electric vehicle charging stations and the derived demand for electricity, and for other purposes.

EV MAP Act Electric Vehicle Mobility Area Planning Act

Rep. O'Halleran, Tom

D

AZ

This bill requires the Department of Energy to establish a grant program to assist electric utilities and other eligible entities in identifying locations for electric vehicle charging stations to meet the needs of electric vehicle drivers.

This Act may be cited as the ``Electric Vehicle Mobility Area Planning Act'' or the ``EV MAP Act''. 2. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (2) Direct current fast charging equipment.--The term ``direct current fast charging equipment'' means electric vehicle supply equipment that provides a direct current power source at a minimum of 50 kilowatts. (6) Evaluation period.--The term ``evaluation period'' means the 5-year period beginning on the date on which an eligible entity receives a grant under the program. (7) Grant date.--The term ``grant date'' means the date on which an eligible entity receives a grant under the program. (8) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. (11) Secretary.--The term ``Secretary'' means the Secretary of Energy. 3. ELECTRIC VEHICLE CHARGING STATION MAPPING PROGRAM. (e) Reports.-- (1) Reports to congress.--Not later than 18 months after the date of enactment of this Act, and annually thereafter during for duration of the program, the Secretary shall submit to the appropriate committees of Congress a report on the outcomes of the program, including-- (A) the concentrations and, to the maximum extent practicable, number of locations of electric vehicle charging stations identified by eligible entities in-- (i) rural areas; (ii) urban areas; or (iii) other areas with a combination of rural and urban areas; (B) an analysis, based on the concentrations or number of locations of electric vehicle charging stations identified by eligible entities, of-- (i) the potential of electric vehicle charging stations to reasonably support travel patterns of various distances for operators of electric vehicles; and (ii) any relevant variables with respect to the quantity of electricity required to serve, or that may impact the efficacy of, electric vehicle charging stations in-- (I) rural areas; (II) urban areas; or (III) other areas with a combination of rural and urban areas; (C) a summary of characteristics, trends, or lessons learned by eligible entities in identifying concentrations or locations of electric vehicle charging stations in-- (i) rural areas; (ii) urban areas; or (iii) other areas with a combination of rural and urban areas; and (D) such other information as the Secretary determines to be appropriate. (B) Timing.-- (i) First report.--The first report submitted under subparagraph (A) shall be submitted on the earlier of-- (I) the date on which the findings, data, and results described in that subparagraph are available; and (II) the date that is 1 year after the grant date. SEC. 4.

This Act may be cited as the ``Electric Vehicle Mobility Area Planning Act'' or the ``EV MAP Act''. 2. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (2) Direct current fast charging equipment.--The term ``direct current fast charging equipment'' means electric vehicle supply equipment that provides a direct current power source at a minimum of 50 kilowatts. (6) Evaluation period.--The term ``evaluation period'' means the 5-year period beginning on the date on which an eligible entity receives a grant under the program. (7) Grant date.--The term ``grant date'' means the date on which an eligible entity receives a grant under the program. (11) Secretary.--The term ``Secretary'' means the Secretary of Energy. 3. ELECTRIC VEHICLE CHARGING STATION MAPPING PROGRAM. (B) Timing.-- (i) First report.--The first report submitted under subparagraph (A) shall be submitted on the earlier of-- (I) the date on which the findings, data, and results described in that subparagraph are available; and (II) the date that is 1 year after the grant date. SEC. 4.

SHORT TITLE. This Act may be cited as the ``Electric Vehicle Mobility Area Planning Act'' or the ``EV MAP Act''. 2. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (2) Direct current fast charging equipment.--The term ``direct current fast charging equipment'' means electric vehicle supply equipment that provides a direct current power source at a minimum of 50 kilowatts. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a college or university; (B) a nonprofit entity; (C) an electric cooperative; (D) a political subdivision of a State; (E) any agency, authority, corporation, or instrumentality of-- (i) a State; (ii) a political subdivision of a State; or (iii) an Indian Tribe; (F) a municipally owned electric utility; (G) a Tribally owned electric utility; (H) an investor-owned electric utility; (I) a private entity; and (J) a partnership of 2 or more entities described in any of subparagraphs (A) through (I). (6) Evaluation period.--The term ``evaluation period'' means the 5-year period beginning on the date on which an eligible entity receives a grant under the program. (7) Grant date.--The term ``grant date'' means the date on which an eligible entity receives a grant under the program. (8) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (11) Secretary.--The term ``Secretary'' means the Secretary of Energy. 3. ELECTRIC VEHICLE CHARGING STATION MAPPING PROGRAM. (b) Application; Consideration.-- (1) Application.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (e) Reports.-- (1) Reports to congress.--Not later than 18 months after the date of enactment of this Act, and annually thereafter during for duration of the program, the Secretary shall submit to the appropriate committees of Congress a report on the outcomes of the program, including-- (A) the concentrations and, to the maximum extent practicable, number of locations of electric vehicle charging stations identified by eligible entities in-- (i) rural areas; (ii) urban areas; or (iii) other areas with a combination of rural and urban areas; (B) an analysis, based on the concentrations or number of locations of electric vehicle charging stations identified by eligible entities, of-- (i) the potential of electric vehicle charging stations to reasonably support travel patterns of various distances for operators of electric vehicles; and (ii) any relevant variables with respect to the quantity of electricity required to serve, or that may impact the efficacy of, electric vehicle charging stations in-- (I) rural areas; (II) urban areas; or (III) other areas with a combination of rural and urban areas; (C) a summary of characteristics, trends, or lessons learned by eligible entities in identifying concentrations or locations of electric vehicle charging stations in-- (i) rural areas; (ii) urban areas; or (iii) other areas with a combination of rural and urban areas; and (D) such other information as the Secretary determines to be appropriate. (B) Timing.-- (i) First report.--The first report submitted under subparagraph (A) shall be submitted on the earlier of-- (I) the date on which the findings, data, and results described in that subparagraph are available; and (II) the date that is 1 year after the grant date. (ii) Subsequent reports.--If the first report submitted by an eligible entity under this paragraph does not contain the complete findings, data, and results of each activity carried out by the eligible entity using the applicable grant, a subsequent report shall be submitted as soon as practicable after the date on which those complete findings, data, and results are available. SEC. 4. (a) In General.--There is authorized to be appropriated to carry out this Act $2,000,000 for each of fiscal years 2022 through 2027. (b) Administrative Costs.--Of the amounts made available to the Secretary under subsection (a) each fiscal year, the Secretary may use not more than 5 percent for administrative expenses necessary to carry out this Act.

SHORT TITLE. This Act may be cited as the ``Electric Vehicle Mobility Area Planning Act'' or the ``EV MAP Act''. 2. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (2) Direct current fast charging equipment.--The term ``direct current fast charging equipment'' means electric vehicle supply equipment that provides a direct current power source at a minimum of 50 kilowatts. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a college or university; (B) a nonprofit entity; (C) an electric cooperative; (D) a political subdivision of a State; (E) any agency, authority, corporation, or instrumentality of-- (i) a State; (ii) a political subdivision of a State; or (iii) an Indian Tribe; (F) a municipally owned electric utility; (G) a Tribally owned electric utility; (H) an investor-owned electric utility; (I) a private entity; and (J) a partnership of 2 or more entities described in any of subparagraphs (A) through (I). (6) Evaluation period.--The term ``evaluation period'' means the 5-year period beginning on the date on which an eligible entity receives a grant under the program. (7) Grant date.--The term ``grant date'' means the date on which an eligible entity receives a grant under the program. (8) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (11) Secretary.--The term ``Secretary'' means the Secretary of Energy. 3. ELECTRIC VEHICLE CHARGING STATION MAPPING PROGRAM. (b) Application; Consideration.-- (1) Application.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of Grant.--An eligible entity may use a grant received under the program-- (1) to evaluate, in an area in the United States designated by the eligible entity-- (A) the locations of electric vehicle owners on the grant date; and (B) the potential locations of electric vehicle owners during the evaluation period, based on data such as commuting and travel patterns; (2) to evaluate, in the area designated by the eligible entity, estimated commuting and travel patterns of electric vehicles-- (A) on the grant date; and (B) during the evaluation period; (3) to estimate, for the area designated by the eligible entity, the quantity of electricity required to serve electric vehicle charging stations-- (A) on the grant date; and (B) during the evaluation period; (4) to develop a map identifying concentrations of electric vehicle charging stations to meet the needs of current and future electric vehicle drivers in the area designated by the eligible entity, based on data such as commuting and travel patterns; (5) to estimate future needs for electric vehicle charging stations in the area designated by the eligible entity to support the adoption and use of electric vehicles in shared mobility solutions, such as micro-transit and transportation network companies; or (6) to develop an analytical model to allow a city, county, or other political subdivision of a State or a local agency to compare and evaluate different adoption and use scenarios for electric vehicles and electric vehicle charging stations, with the ability to adjust factors to account for locally and regionally specific characteristics. (e) Reports.-- (1) Reports to congress.--Not later than 18 months after the date of enactment of this Act, and annually thereafter during for duration of the program, the Secretary shall submit to the appropriate committees of Congress a report on the outcomes of the program, including-- (A) the concentrations and, to the maximum extent practicable, number of locations of electric vehicle charging stations identified by eligible entities in-- (i) rural areas; (ii) urban areas; or (iii) other areas with a combination of rural and urban areas; (B) an analysis, based on the concentrations or number of locations of electric vehicle charging stations identified by eligible entities, of-- (i) the potential of electric vehicle charging stations to reasonably support travel patterns of various distances for operators of electric vehicles; and (ii) any relevant variables with respect to the quantity of electricity required to serve, or that may impact the efficacy of, electric vehicle charging stations in-- (I) rural areas; (II) urban areas; or (III) other areas with a combination of rural and urban areas; (C) a summary of characteristics, trends, or lessons learned by eligible entities in identifying concentrations or locations of electric vehicle charging stations in-- (i) rural areas; (ii) urban areas; or (iii) other areas with a combination of rural and urban areas; and (D) such other information as the Secretary determines to be appropriate. (B) Timing.-- (i) First report.--The first report submitted under subparagraph (A) shall be submitted on the earlier of-- (I) the date on which the findings, data, and results described in that subparagraph are available; and (II) the date that is 1 year after the grant date. (ii) Subsequent reports.--If the first report submitted by an eligible entity under this paragraph does not contain the complete findings, data, and results of each activity carried out by the eligible entity using the applicable grant, a subsequent report shall be submitted as soon as practicable after the date on which those complete findings, data, and results are available. SEC. 4. (a) In General.--There is authorized to be appropriated to carry out this Act $2,000,000 for each of fiscal years 2022 through 2027. (b) Administrative Costs.--Of the amounts made available to the Secretary under subsection (a) each fiscal year, the Secretary may use not more than 5 percent for administrative expenses necessary to carry out this Act.

To establish a grant program to map optimal locations for electric vehicle charging stations and the derived demand for electricity, and for other purposes. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. ( (4) Electric vehicle.--The term ``electric vehicle'' means a light-, medium-, or heavy-duty vehicle that is powered primarily by an electric motor drawing current from rechargeable batteries, including-- (A) a battery electric vehicle; and (B) a plug-in hybrid vehicle. ( 6) Evaluation period.--The term ``evaluation period'' means the 5-year period beginning on the date on which an eligible entity receives a grant under the program. ( (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide grants to, or enter into cooperative agreements with, eligible entities to carry out activities described in subsection (c)-- (1) to determine the locations in which electric vehicle charging stations will be needed to meet the needs of electric vehicle drivers during the evaluation period; and (2) to help guide future investments for electric vehicle charging stations. ( b) Application; Consideration.-- (1) Application.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( (2) Reports to the secretary.-- (A) In general.--To facilitate the preparation of each report described in paragraph (1), each eligible entity receiving a grant under the program shall submit to the Secretary 1 or more reports containing, as applicable, the preliminary or complete findings, data, and results of each activity carried out by the eligible entity using the grant. ( B) Timing.-- (i) First report.--The first report submitted under subparagraph (A) shall be submitted on the earlier of-- (I) the date on which the findings, data, and results described in that subparagraph are available; and (II) the date that is 1 year after the grant date. (

To establish a grant program to map optimal locations for electric vehicle charging stations and the derived demand for electricity, and for other purposes. 5) Electric vehicle charging station.--The term ``electric vehicle charging station'' means electric vehicle supply equipment that provides electric current to recharge electric vehicles, including, as applicable, alternating current or direct current charging capabilities, at-- (A) a multi-unit housing structure; (B) a workplace; (C) a commercial location; or (D) any location that is open to the public. ( (7) Grant date.--The term ``grant date'' means the date on which an eligible entity receives a grant under the program. ( a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide grants to, or enter into cooperative agreements with, eligible entities to carry out activities described in subsection (c)-- (1) to determine the locations in which electric vehicle charging stations will be needed to meet the needs of electric vehicle drivers during the evaluation period; and (2) to help guide future investments for electric vehicle charging stations. ( 2) Reports to the secretary.-- (A) In general.--To facilitate the preparation of each report described in paragraph (1), each eligible entity receiving a grant under the program shall submit to the Secretary 1 or more reports containing, as applicable, the preliminary or complete findings, data, and results of each activity carried out by the eligible entity using the grant. ( B) Timing.-- (i) First report.--The first report submitted under subparagraph (A) shall be submitted on the earlier of-- (I) the date on which the findings, data, and results described in that subparagraph are available; and (II) the date that is 1 year after the grant date. (ii) Subsequent reports.--If the first report submitted by an eligible entity under this paragraph does not contain the complete findings, data, and results of each activity carried out by the eligible entity using the applicable grant, a subsequent report shall be submitted as soon as practicable after the date on which those complete findings, data, and results are available. a) In General.--There is authorized to be appropriated to carry out this Act $2,000,000 for each of fiscal years 2022 through 2027. (

To establish a grant program to map optimal locations for electric vehicle charging stations and the derived demand for electricity, and for other purposes. 5) Electric vehicle charging station.--The term ``electric vehicle charging station'' means electric vehicle supply equipment that provides electric current to recharge electric vehicles, including, as applicable, alternating current or direct current charging capabilities, at-- (A) a multi-unit housing structure; (B) a workplace; (C) a commercial location; or (D) any location that is open to the public. ( (7) Grant date.--The term ``grant date'' means the date on which an eligible entity receives a grant under the program. ( a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide grants to, or enter into cooperative agreements with, eligible entities to carry out activities described in subsection (c)-- (1) to determine the locations in which electric vehicle charging stations will be needed to meet the needs of electric vehicle drivers during the evaluation period; and (2) to help guide future investments for electric vehicle charging stations. ( 2) Reports to the secretary.-- (A) In general.--To facilitate the preparation of each report described in paragraph (1), each eligible entity receiving a grant under the program shall submit to the Secretary 1 or more reports containing, as applicable, the preliminary or complete findings, data, and results of each activity carried out by the eligible entity using the grant. ( B) Timing.-- (i) First report.--The first report submitted under subparagraph (A) shall be submitted on the earlier of-- (I) the date on which the findings, data, and results described in that subparagraph are available; and (II) the date that is 1 year after the grant date. (ii) Subsequent reports.--If the first report submitted by an eligible entity under this paragraph does not contain the complete findings, data, and results of each activity carried out by the eligible entity using the applicable grant, a subsequent report shall be submitted as soon as practicable after the date on which those complete findings, data, and results are available. a) In General.--There is authorized to be appropriated to carry out this Act $2,000,000 for each of fiscal years 2022 through 2027. (

To establish a grant program to map optimal locations for electric vehicle charging stations and the derived demand for electricity, and for other purposes. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. ( (4) Electric vehicle.--The term ``electric vehicle'' means a light-, medium-, or heavy-duty vehicle that is powered primarily by an electric motor drawing current from rechargeable batteries, including-- (A) a battery electric vehicle; and (B) a plug-in hybrid vehicle. ( 6) Evaluation period.--The term ``evaluation period'' means the 5-year period beginning on the date on which an eligible entity receives a grant under the program. ( (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide grants to, or enter into cooperative agreements with, eligible entities to carry out activities described in subsection (c)-- (1) to determine the locations in which electric vehicle charging stations will be needed to meet the needs of electric vehicle drivers during the evaluation period; and (2) to help guide future investments for electric vehicle charging stations. ( b) Application; Consideration.-- (1) Application.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( (2) Reports to the secretary.-- (A) In general.--To facilitate the preparation of each report described in paragraph (1), each eligible entity receiving a grant under the program shall submit to the Secretary 1 or more reports containing, as applicable, the preliminary or complete findings, data, and results of each activity carried out by the eligible entity using the grant. ( B) Timing.-- (i) First report.--The first report submitted under subparagraph (A) shall be submitted on the earlier of-- (I) the date on which the findings, data, and results described in that subparagraph are available; and (II) the date that is 1 year after the grant date. (

To establish a grant program to map optimal locations for electric vehicle charging stations and the derived demand for electricity, and for other purposes. 5) Electric vehicle charging station.--The term ``electric vehicle charging station'' means electric vehicle supply equipment that provides electric current to recharge electric vehicles, including, as applicable, alternating current or direct current charging capabilities, at-- (A) a multi-unit housing structure; (B) a workplace; (C) a commercial location; or (D) any location that is open to the public. ( (7) Grant date.--The term ``grant date'' means the date on which an eligible entity receives a grant under the program. ( a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide grants to, or enter into cooperative agreements with, eligible entities to carry out activities described in subsection (c)-- (1) to determine the locations in which electric vehicle charging stations will be needed to meet the needs of electric vehicle drivers during the evaluation period; and (2) to help guide future investments for electric vehicle charging stations. ( 2) Reports to the secretary.-- (A) In general.--To facilitate the preparation of each report described in paragraph (1), each eligible entity receiving a grant under the program shall submit to the Secretary 1 or more reports containing, as applicable, the preliminary or complete findings, data, and results of each activity carried out by the eligible entity using the grant. ( B) Timing.-- (i) First report.--The first report submitted under subparagraph (A) shall be submitted on the earlier of-- (I) the date on which the findings, data, and results described in that subparagraph are available; and (II) the date that is 1 year after the grant date. (ii) Subsequent reports.--If the first report submitted by an eligible entity under this paragraph does not contain the complete findings, data, and results of each activity carried out by the eligible entity using the applicable grant, a subsequent report shall be submitted as soon as practicable after the date on which those complete findings, data, and results are available. a) In General.--There is authorized to be appropriated to carry out this Act $2,000,000 for each of fiscal years 2022 through 2027. (

To establish a grant program to map optimal locations for electric vehicle charging stations and the derived demand for electricity, and for other purposes. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. ( (4) Electric vehicle.--The term ``electric vehicle'' means a light-, medium-, or heavy-duty vehicle that is powered primarily by an electric motor drawing current from rechargeable batteries, including-- (A) a battery electric vehicle; and (B) a plug-in hybrid vehicle. ( 6) Evaluation period.--The term ``evaluation period'' means the 5-year period beginning on the date on which an eligible entity receives a grant under the program. ( (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide grants to, or enter into cooperative agreements with, eligible entities to carry out activities described in subsection (c)-- (1) to determine the locations in which electric vehicle charging stations will be needed to meet the needs of electric vehicle drivers during the evaluation period; and (2) to help guide future investments for electric vehicle charging stations. ( b) Application; Consideration.-- (1) Application.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( (2) Reports to the secretary.-- (A) In general.--To facilitate the preparation of each report described in paragraph (1), each eligible entity receiving a grant under the program shall submit to the Secretary 1 or more reports containing, as applicable, the preliminary or complete findings, data, and results of each activity carried out by the eligible entity using the grant. ( B) Timing.-- (i) First report.--The first report submitted under subparagraph (A) shall be submitted on the earlier of-- (I) the date on which the findings, data, and results described in that subparagraph are available; and (II) the date that is 1 year after the grant date. (

To establish a grant program to map optimal locations for electric vehicle charging stations and the derived demand for electricity, and for other purposes. 5) Electric vehicle charging station.--The term ``electric vehicle charging station'' means electric vehicle supply equipment that provides electric current to recharge electric vehicles, including, as applicable, alternating current or direct current charging capabilities, at-- (A) a multi-unit housing structure; (B) a workplace; (C) a commercial location; or (D) any location that is open to the public. ( (7) Grant date.--The term ``grant date'' means the date on which an eligible entity receives a grant under the program. ( a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide grants to, or enter into cooperative agreements with, eligible entities to carry out activities described in subsection (c)-- (1) to determine the locations in which electric vehicle charging stations will be needed to meet the needs of electric vehicle drivers during the evaluation period; and (2) to help guide future investments for electric vehicle charging stations. ( 2) Reports to the secretary.-- (A) In general.--To facilitate the preparation of each report described in paragraph (1), each eligible entity receiving a grant under the program shall submit to the Secretary 1 or more reports containing, as applicable, the preliminary or complete findings, data, and results of each activity carried out by the eligible entity using the grant. ( B) Timing.-- (i) First report.--The first report submitted under subparagraph (A) shall be submitted on the earlier of-- (I) the date on which the findings, data, and results described in that subparagraph are available; and (II) the date that is 1 year after the grant date. (ii) Subsequent reports.--If the first report submitted by an eligible entity under this paragraph does not contain the complete findings, data, and results of each activity carried out by the eligible entity using the applicable grant, a subsequent report shall be submitted as soon as practicable after the date on which those complete findings, data, and results are available. a) In General.--There is authorized to be appropriated to carry out this Act $2,000,000 for each of fiscal years 2022 through 2027. (

To establish a grant program to map optimal locations for electric vehicle charging stations and the derived demand for electricity, and for other purposes. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. ( (4) Electric vehicle.--The term ``electric vehicle'' means a light-, medium-, or heavy-duty vehicle that is powered primarily by an electric motor drawing current from rechargeable batteries, including-- (A) a battery electric vehicle; and (B) a plug-in hybrid vehicle. ( 6) Evaluation period.--The term ``evaluation period'' means the 5-year period beginning on the date on which an eligible entity receives a grant under the program. ( (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide grants to, or enter into cooperative agreements with, eligible entities to carry out activities described in subsection (c)-- (1) to determine the locations in which electric vehicle charging stations will be needed to meet the needs of electric vehicle drivers during the evaluation period; and (2) to help guide future investments for electric vehicle charging stations. ( b) Application; Consideration.-- (1) Application.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( (2) Reports to the secretary.-- (A) In general.--To facilitate the preparation of each report described in paragraph (1), each eligible entity receiving a grant under the program shall submit to the Secretary 1 or more reports containing, as applicable, the preliminary or complete findings, data, and results of each activity carried out by the eligible entity using the grant. ( B) Timing.-- (i) First report.--The first report submitted under subparagraph (A) shall be submitted on the earlier of-- (I) the date on which the findings, data, and results described in that subparagraph are available; and (II) the date that is 1 year after the grant date. (

To establish a grant program to map optimal locations for electric vehicle charging stations and the derived demand for electricity, and for other purposes. 5) Electric vehicle charging station.--The term ``electric vehicle charging station'' means electric vehicle supply equipment that provides electric current to recharge electric vehicles, including, as applicable, alternating current or direct current charging capabilities, at-- (A) a multi-unit housing structure; (B) a workplace; (C) a commercial location; or (D) any location that is open to the public. ( (7) Grant date.--The term ``grant date'' means the date on which an eligible entity receives a grant under the program. ( a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide grants to, or enter into cooperative agreements with, eligible entities to carry out activities described in subsection (c)-- (1) to determine the locations in which electric vehicle charging stations will be needed to meet the needs of electric vehicle drivers during the evaluation period; and (2) to help guide future investments for electric vehicle charging stations. ( 2) Reports to the secretary.-- (A) In general.--To facilitate the preparation of each report described in paragraph (1), each eligible entity receiving a grant under the program shall submit to the Secretary 1 or more reports containing, as applicable, the preliminary or complete findings, data, and results of each activity carried out by the eligible entity using the grant. ( B) Timing.-- (i) First report.--The first report submitted under subparagraph (A) shall be submitted on the earlier of-- (I) the date on which the findings, data, and results described in that subparagraph are available; and (II) the date that is 1 year after the grant date. (ii) Subsequent reports.--If the first report submitted by an eligible entity under this paragraph does not contain the complete findings, data, and results of each activity carried out by the eligible entity using the applicable grant, a subsequent report shall be submitted as soon as practicable after the date on which those complete findings, data, and results are available. a) In General.--There is authorized to be appropriated to carry out this Act $2,000,000 for each of fiscal years 2022 through 2027. (

To establish a grant program to map optimal locations for electric vehicle charging stations and the derived demand for electricity, and for other purposes. a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide grants to, or enter into cooperative agreements with, eligible entities to carry out activities described in subsection (c)-- (1) to determine the locations in which electric vehicle charging stations will be needed to meet the needs of electric vehicle drivers during the evaluation period; and (2) to help guide future investments for electric vehicle charging stations. ( b) Application; Consideration.-- (1) Application.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( (2) Reports to the secretary.-- (A) In general.--To facilitate the preparation of each report described in paragraph (1), each eligible entity receiving a grant under the program shall submit to the Secretary 1 or more reports containing, as applicable, the preliminary or complete findings, data, and results of each activity carried out by the eligible entity using the grant. (

Electric Vehicle Mobility Area Planning Act or the EV MAP Act - Directs the Secretary of Energy to establish a program to provide grants to, or enter into cooperative agreements with, eligible entities to determine the locations in which electric vehicle charging stations will be needed to meet the needs of electric vehicle drivers during the five-year evaluation period and to help guide future investments for electric charging stations. Requires Directs the Secretary of Energy to establish and maintain a fully searchable database on the Department of Energy's website that contains: (1) information maintained by the Office of Energy Efficiency and Renewable Energy (OEER) of DOE with respect to the locations of electric vehicle charging stations; (2) potential locations for such stations identified by eligible entities through the program; and (3)

S.2590

Armed Forces and National Security

Directed Energy Threat Emergency Response Act This bill requires actions to address anomalous health incidents. The President must designate an appropriate senior official as the Anomalous Health Incidents Interagency Coordinator. The interagency coordinator must (1) coordinate the U.S. government's response to anomalous health incidents, (2) ensure that affected personnel and dependents get access to care, and (3) ensure adequate training and education for relevant U.S. government personnel. The bill also requires certain agencies, including the Department of Defense and the Office of the Director of National Intelligence, to designate an appropriate senior official to serve as the Anomalous Health Incident Agency Coordination Lead. These officials must (1) work with the interagency coordinator to achieve objectives related to anomalous health incidents, and (2) jointly provide quarterly briefings to Congress on its activities. Such agencies must also develop updated workplace guidance to address anomalous health incidents, including processes to self-report suspected exposure to a possible anomalous health incident.

To designate an Anomalous Health Incidents Interagency Coordinator to coordinate the interagency investigation of, and response to, anomalous health incidents, and for other purposes. 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 ``Directed Energy Threat Emergency Response Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Since at least 2016, United States Government personnel and their family members have reported anomalous health incidents at diplomatic missions across the world and in the United States, which are sometimes referred to as ``Havana Syndrome''. (2) Some of the anomalous health incidents have resulted in unexplained brain injuries, which have had permanent, life- altering effects that have disrupted lives and ended careers. (b) Sense of Congress.--It is the sense of Congress that-- (1) the threat to United States Government personnel presenting as anomalous health incidents is a matter of urgent concern and deserving of the full attention of government; (2) personnel, dependents, and other appropriate individuals afflicted by possible anomalous health incidents deserve equitable, accessible, and high-quality medical assessment and care, regardless of their employing Government agency; (3) diagnoses and determinations to treat personnel, dependents, and other appropriate individuals experiencing symptoms consistent with such injuries should be made by experienced medical professionals and made available by the Federal Government; (4) any recriminations, retaliation, or punishment associated with personnel self-reporting symptoms is unacceptable and should be investigated by internal agency oversight mechanisms; (5) information sharing and interagency coordination is essential for the comprehensive investigation, attribution, and mitigation of these injuries; (6) the Administration should provide Congress and the public with timely and regular unclassified updates on the threat posed to United States Government personnel by the suspected causes of these injuries; (7) recent efforts by the Administration and among relevant agencies represent positive steps toward responding to the threat of anomalous health incidents, but more comprehensive measures must be taken to further assist victims, investigate the cause of such incidents, and mitigate future incidents; (8) establishing the source and cause of these anomalous health incidents must be a top priority for the United States Government and requires the full coordination of relevant agencies; (9) if investigations into anomalous health incidents are found to be the result of deliberate acts by individuals, entities, or foreign countries, the United States Government should recognize these incidents as hostile attacks; and (10) any actors found to have been targeting United States Government personnel should be publicly identified, as appropriate, and held accountable. SEC. 3. DEFINITIONS. In this Act: (1) Agency coordination lead.--The term ``Agency Coordination Lead'' means a senior official designated by the head of a relevant agency to serve as the Anomalous Health Incident Agency Coordination Lead for such agency. (2) Appropriate national security committees.--The term ``appropriate national security committees'' means-- (A) the Committee on Armed Services of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Committee on the Judiciary of the Senate; (F) the Committee on Armed Services of the House of Representatives; (G) the Committee on Foreign Affairs of the House of Representatives; (H) the Permanent Select Committee on Intelligence of the House of Representatives; (I) the Committee on Homeland Security of the House of Representatives; and (J) the Committee on the Judiciary of the House of Representatives. (3) Interagency coordinator.--The term ``Interagency Coordinator'' means the Anomalous Health Incidents Interagency Coordinator designated pursuant to section 4(a). (4) Relevant agencies.--The term ``relevant agencies'' means-- (A) the Department of Defense; (B) the Department of State; (C) the Office of the Director of National Intelligence; (D) the Central Intelligence Agency; (E) the Department of Justice; (F) the Department of Homeland Security; and (G) other agencies and bodies designated by the Interagency Coordinator. SEC. 4. ANOMALOUS HEALTH INCIDENTS INTERAGENCY COORDINATOR. (a) Designation.--Not later than 30 days after the date of the enactment of this Act, the President shall designate an appropriate senior official as the ``Anomalous Health Incidents Interagency Coordinator'', who shall work through the President's designated National Security process-- (1) to coordinate the United States Government's response to anomalous health incidents; (2) to coordinate among relevant agencies to ensure equitable and timely access to assessment and care for affected personnel, dependents, and other appropriate individuals; (3) to ensure adequate training and education for United States Government personnel; and (4) to ensure that information regarding anomalous health incidents is efficiently shared across relevant agencies in a manner that provides appropriate protections for classified, sensitive, and personal information. (b) Designation of Agency Coordination Leads.-- (1) In general.--The head of each relevant agency shall designate a Senate-confirmed or other appropriate senior official, who shall-- (A) serve as the Anomalous Health Incident Agency Coordination Lead for the relevant agency; (B) report directly to the head of the relevant agency regarding activities carried out under this Act; (C) perform functions specific to the relevant agency, consistent with the directives of the Interagency Coordinator and the established interagency process; (D) participate in interagency briefings to Congress regarding the United States Government response to anomalous health incidents; and (E) represent the relevant agency in meetings convened by the Interagency Coordinator. (2) Delegation prohibited.--An Agency Coordination Lead may not delegate the responsibilities described in subparagraphs (A) through (E) of such paragraph. (c) Secure Reporting Mechanisms.--Not later than 90 days after the date of the enactment of this Act, the Interagency Coordinator shall-- (1) ensure that agencies develop a process to provide a secure mechanism for personnel, their dependents, and other appropriate individuals to self-report any suspected exposure that could be an anomalous health incident; (2) ensure that agencies share all relevant data with the Office of the Director of National Intelligence through existing processes coordinated by the Interagency Coordinator; and (3) in establishing the mechanism described in paragraph (1), prioritize secure information collection and handling processes to protect classified, sensitive, and personal information. (d) Briefings.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following 2 years, the Agency Coordination Leads shall jointly provide a briefing to the appropriate national security committees regarding progress made in achieving the objectives described in subsection (a). (2) Elements.--The briefings required under paragraph (1) shall include-- (A) an update on the investigation into anomalous health incidents impacting United States Government personnel and their family members, including technical causation and suspected perpetrators; (B) an update on new or persistent incidents; (C) threat prevention and mitigation efforts to include personnel training; (D) changes to operating posture due to anomalous health threats; (E) an update on diagnosis and treatment efforts for affected individuals, including patient numbers and wait times to access care; (F) efforts to improve and encourage reporting of incidents; (G) detailed roles and responsibilities of Agency Coordination Leads; (H) information regarding additional authorities or resources needed to support the interagency response; and (I) other matters that the Interagency Coordinator or the Agency Coordination Leads consider appropriate. (3) Unclassified briefing summary.--The Agency Coordination Leads shall provide a coordinated, unclassified summary of the briefings to Congress, which shall include as much information as practicable without revealing classified information or information that is likely to identify an individual. (e) Retention of Authority.--The appointment of the Interagency Coordinator shall not deprive any Federal agency of any authority to independently perform its authorized functions. (f) Rule of Construction.--Nothing in this section may be construed to limit-- (1) the President's authority under article II of the United States Constitution; or (2) the provision of health care and benefits to afflicted individuals, consistent with existing laws. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of Defense $45,000,000 for fiscal year 2022, of which-- (1) $30,000,000 shall be used-- (A) to develop the necessary medical capacity to provide health assessments and appropriate care to United States Government personnel, dependents, and other appropriate individuals who have symptoms associated with anomalous health incidents; (B) to develop additional capability and capacity in the military healthcare system to provide assessment and timely care to affected United States Government personnel, dependents, and other appropriate individuals; and (C) to fund the assessment and care of civilian employees of the Department of Defense and other Department of Defense-affiliated non-beneficiaries, if such funding is not otherwise available; and (2) the remaining $15,000,000 shall be used to support the Department of Defense's-- (A) efforts to investigate and characterize the cause of anomalous health incidents, including investigations of technical causation, medical research, and other activities in support of attribution; (B) intelligence and data analysis of information related to anomalous health incidents; and (C) development and implementation of force protection and mitigation efforts. SEC. 6. DEVELOPMENT AND DISSEMINATION OF WORKFORCE GUIDANCE. The President shall direct relevant agencies to develop and disseminate to their employees, not later than 30 days after the date of the enactment of this Act, updated workforce guidance that describes-- (1) the threat posed by anomalous health incidents; (2) known defensive techniques; and (3) processes to self-report suspected exposure that could be an anomalous health incident. <all>

Directed Energy Threat Emergency Response Act

A bill to designate an Anomalous Health Incidents Interagency Coordinator to coordinate the interagency investigation of, and response to, anomalous health incidents, and for other purposes.

Directed Energy Threat Emergency Response Act

Sen. Shaheen, Jeanne

D

NH

This bill requires actions to address anomalous health incidents. The President must designate an appropriate senior official as the Anomalous Health Incidents Interagency Coordinator. The interagency coordinator must (1) coordinate the U.S. government's response to anomalous health incidents, (2) ensure that affected personnel and dependents get access to care, and (3) ensure adequate training and education for relevant U.S. government personnel. The bill also requires certain agencies, including the Department of Defense and the Office of the Director of National Intelligence, to designate an appropriate senior official to serve as the Anomalous Health Incident Agency Coordination Lead. These officials must (1) work with the interagency coordinator to achieve objectives related to anomalous health incidents, and (2) jointly provide quarterly briefings to Congress on its activities. Such agencies must also develop updated workplace guidance to address anomalous health incidents, including processes to self-report suspected exposure to a possible anomalous health incident.

This Act may be cited as the ``Directed Energy Threat Emergency Response Act''. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Since at least 2016, United States Government personnel and their family members have reported anomalous health incidents at diplomatic missions across the world and in the United States, which are sometimes referred to as ``Havana Syndrome''. 3. In this Act: (1) Agency coordination lead.--The term ``Agency Coordination Lead'' means a senior official designated by the head of a relevant agency to serve as the Anomalous Health Incident Agency Coordination Lead for such agency. (2) Appropriate national security committees.--The term ``appropriate national security committees'' means-- (A) the Committee on Armed Services of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Committee on the Judiciary of the Senate; (F) the Committee on Armed Services of the House of Representatives; (G) the Committee on Foreign Affairs of the House of Representatives; (H) the Permanent Select Committee on Intelligence of the House of Representatives; (I) the Committee on Homeland Security of the House of Representatives; and (J) the Committee on the Judiciary of the House of Representatives. 4. ANOMALOUS HEALTH INCIDENTS INTERAGENCY COORDINATOR. (3) Unclassified briefing summary.--The Agency Coordination Leads shall provide a coordinated, unclassified summary of the briefings to Congress, which shall include as much information as practicable without revealing classified information or information that is likely to identify an individual. 5. There is authorized to be appropriated to the Secretary of Defense $45,000,000 for fiscal year 2022, of which-- (1) $30,000,000 shall be used-- (A) to develop the necessary medical capacity to provide health assessments and appropriate care to United States Government personnel, dependents, and other appropriate individuals who have symptoms associated with anomalous health incidents; (B) to develop additional capability and capacity in the military healthcare system to provide assessment and timely care to affected United States Government personnel, dependents, and other appropriate individuals; and (C) to fund the assessment and care of civilian employees of the Department of Defense and other Department of Defense-affiliated non-beneficiaries, if such funding is not otherwise available; and (2) the remaining $15,000,000 shall be used to support the Department of Defense's-- (A) efforts to investigate and characterize the cause of anomalous health incidents, including investigations of technical causation, medical research, and other activities in support of attribution; (B) intelligence and data analysis of information related to anomalous health incidents; and (C) development and implementation of force protection and mitigation efforts. SEC. 6.

2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Since at least 2016, United States Government personnel and their family members have reported anomalous health incidents at diplomatic missions across the world and in the United States, which are sometimes referred to as ``Havana Syndrome''. 3. In this Act: (1) Agency coordination lead.--The term ``Agency Coordination Lead'' means a senior official designated by the head of a relevant agency to serve as the Anomalous Health Incident Agency Coordination Lead for such agency. (2) Appropriate national security committees.--The term ``appropriate national security committees'' means-- (A) the Committee on Armed Services of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Committee on the Judiciary of the Senate; (F) the Committee on Armed Services of the House of Representatives; (G) the Committee on Foreign Affairs of the House of Representatives; (H) the Permanent Select Committee on Intelligence of the House of Representatives; (I) the Committee on Homeland Security of the House of Representatives; and (J) the Committee on the Judiciary of the House of Representatives. 4. ANOMALOUS HEALTH INCIDENTS INTERAGENCY COORDINATOR. (3) Unclassified briefing summary.--The Agency Coordination Leads shall provide a coordinated, unclassified summary of the briefings to Congress, which shall include as much information as practicable without revealing classified information or information that is likely to identify an individual. SEC.

SHORT TITLES. This Act may be cited as the ``Directed Energy Threat Emergency Response Act''. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Since at least 2016, United States Government personnel and their family members have reported anomalous health incidents at diplomatic missions across the world and in the United States, which are sometimes referred to as ``Havana Syndrome''. (2) Some of the anomalous health incidents have resulted in unexplained brain injuries, which have had permanent, life- altering effects that have disrupted lives and ended careers. 3. DEFINITIONS. In this Act: (1) Agency coordination lead.--The term ``Agency Coordination Lead'' means a senior official designated by the head of a relevant agency to serve as the Anomalous Health Incident Agency Coordination Lead for such agency. (2) Appropriate national security committees.--The term ``appropriate national security committees'' means-- (A) the Committee on Armed Services of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Committee on the Judiciary of the Senate; (F) the Committee on Armed Services of the House of Representatives; (G) the Committee on Foreign Affairs of the House of Representatives; (H) the Permanent Select Committee on Intelligence of the House of Representatives; (I) the Committee on Homeland Security of the House of Representatives; and (J) the Committee on the Judiciary of the House of Representatives. 4. ANOMALOUS HEALTH INCIDENTS INTERAGENCY COORDINATOR. (c) Secure Reporting Mechanisms.--Not later than 90 days after the date of the enactment of this Act, the Interagency Coordinator shall-- (1) ensure that agencies develop a process to provide a secure mechanism for personnel, their dependents, and other appropriate individuals to self-report any suspected exposure that could be an anomalous health incident; (2) ensure that agencies share all relevant data with the Office of the Director of National Intelligence through existing processes coordinated by the Interagency Coordinator; and (3) in establishing the mechanism described in paragraph (1), prioritize secure information collection and handling processes to protect classified, sensitive, and personal information. (d) Briefings.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following 2 years, the Agency Coordination Leads shall jointly provide a briefing to the appropriate national security committees regarding progress made in achieving the objectives described in subsection (a). (3) Unclassified briefing summary.--The Agency Coordination Leads shall provide a coordinated, unclassified summary of the briefings to Congress, which shall include as much information as practicable without revealing classified information or information that is likely to identify an individual. (e) Retention of Authority.--The appointment of the Interagency Coordinator shall not deprive any Federal agency of any authority to independently perform its authorized functions. (f) Rule of Construction.--Nothing in this section may be construed to limit-- (1) the President's authority under article II of the United States Constitution; or (2) the provision of health care and benefits to afflicted individuals, consistent with existing laws. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of Defense $45,000,000 for fiscal year 2022, of which-- (1) $30,000,000 shall be used-- (A) to develop the necessary medical capacity to provide health assessments and appropriate care to United States Government personnel, dependents, and other appropriate individuals who have symptoms associated with anomalous health incidents; (B) to develop additional capability and capacity in the military healthcare system to provide assessment and timely care to affected United States Government personnel, dependents, and other appropriate individuals; and (C) to fund the assessment and care of civilian employees of the Department of Defense and other Department of Defense-affiliated non-beneficiaries, if such funding is not otherwise available; and (2) the remaining $15,000,000 shall be used to support the Department of Defense's-- (A) efforts to investigate and characterize the cause of anomalous health incidents, including investigations of technical causation, medical research, and other activities in support of attribution; (B) intelligence and data analysis of information related to anomalous health incidents; and (C) development and implementation of force protection and mitigation efforts. SEC. 6. DEVELOPMENT AND DISSEMINATION OF WORKFORCE GUIDANCE.

SHORT TITLES. This Act may be cited as the ``Directed Energy Threat Emergency Response Act''. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Since at least 2016, United States Government personnel and their family members have reported anomalous health incidents at diplomatic missions across the world and in the United States, which are sometimes referred to as ``Havana Syndrome''. (2) Some of the anomalous health incidents have resulted in unexplained brain injuries, which have had permanent, life- altering effects that have disrupted lives and ended careers. 3. DEFINITIONS. In this Act: (1) Agency coordination lead.--The term ``Agency Coordination Lead'' means a senior official designated by the head of a relevant agency to serve as the Anomalous Health Incident Agency Coordination Lead for such agency. (2) Appropriate national security committees.--The term ``appropriate national security committees'' means-- (A) the Committee on Armed Services of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Committee on the Judiciary of the Senate; (F) the Committee on Armed Services of the House of Representatives; (G) the Committee on Foreign Affairs of the House of Representatives; (H) the Permanent Select Committee on Intelligence of the House of Representatives; (I) the Committee on Homeland Security of the House of Representatives; and (J) the Committee on the Judiciary of the House of Representatives. 4. ANOMALOUS HEALTH INCIDENTS INTERAGENCY COORDINATOR. (c) Secure Reporting Mechanisms.--Not later than 90 days after the date of the enactment of this Act, the Interagency Coordinator shall-- (1) ensure that agencies develop a process to provide a secure mechanism for personnel, their dependents, and other appropriate individuals to self-report any suspected exposure that could be an anomalous health incident; (2) ensure that agencies share all relevant data with the Office of the Director of National Intelligence through existing processes coordinated by the Interagency Coordinator; and (3) in establishing the mechanism described in paragraph (1), prioritize secure information collection and handling processes to protect classified, sensitive, and personal information. (d) Briefings.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following 2 years, the Agency Coordination Leads shall jointly provide a briefing to the appropriate national security committees regarding progress made in achieving the objectives described in subsection (a). (3) Unclassified briefing summary.--The Agency Coordination Leads shall provide a coordinated, unclassified summary of the briefings to Congress, which shall include as much information as practicable without revealing classified information or information that is likely to identify an individual. (e) Retention of Authority.--The appointment of the Interagency Coordinator shall not deprive any Federal agency of any authority to independently perform its authorized functions. (f) Rule of Construction.--Nothing in this section may be construed to limit-- (1) the President's authority under article II of the United States Constitution; or (2) the provision of health care and benefits to afflicted individuals, consistent with existing laws. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of Defense $45,000,000 for fiscal year 2022, of which-- (1) $30,000,000 shall be used-- (A) to develop the necessary medical capacity to provide health assessments and appropriate care to United States Government personnel, dependents, and other appropriate individuals who have symptoms associated with anomalous health incidents; (B) to develop additional capability and capacity in the military healthcare system to provide assessment and timely care to affected United States Government personnel, dependents, and other appropriate individuals; and (C) to fund the assessment and care of civilian employees of the Department of Defense and other Department of Defense-affiliated non-beneficiaries, if such funding is not otherwise available; and (2) the remaining $15,000,000 shall be used to support the Department of Defense's-- (A) efforts to investigate and characterize the cause of anomalous health incidents, including investigations of technical causation, medical research, and other activities in support of attribution; (B) intelligence and data analysis of information related to anomalous health incidents; and (C) development and implementation of force protection and mitigation efforts. SEC. 6. DEVELOPMENT AND DISSEMINATION OF WORKFORCE GUIDANCE.

To designate an Anomalous Health Incidents Interagency Coordinator to coordinate the interagency investigation of, and response to, anomalous health incidents, and for other purposes. 2) Some of the anomalous health incidents have resulted in unexplained brain injuries, which have had permanent, life- altering effects that have disrupted lives and ended careers. In this Act: (1) Agency coordination lead.--The term ``Agency Coordination Lead'' means a senior official designated by the head of a relevant agency to serve as the Anomalous Health Incident Agency Coordination Lead for such agency. ( 3) Interagency coordinator.--The term ``Interagency Coordinator'' means the Anomalous Health Incidents Interagency Coordinator designated pursuant to section 4(a). ( 2) Delegation prohibited.--An Agency Coordination Lead may not delegate the responsibilities described in subparagraphs (A) through (E) of such paragraph. d) Briefings.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following 2 years, the Agency Coordination Leads shall jointly provide a briefing to the appropriate national security committees regarding progress made in achieving the objectives described in subsection (a). 3) Unclassified briefing summary.--The Agency Coordination Leads shall provide a coordinated, unclassified summary of the briefings to Congress, which shall include as much information as practicable without revealing classified information or information that is likely to identify an individual. ( f) Rule of Construction.--Nothing in this section may be construed to limit-- (1) the President's authority under article II of the United States Constitution; or (2) the provision of health care and benefits to afflicted individuals, consistent with existing laws. DEVELOPMENT AND DISSEMINATION OF WORKFORCE GUIDANCE. The President shall direct relevant agencies to develop and disseminate to their employees, not later than 30 days after the date of the enactment of this Act, updated workforce guidance that describes-- (1) the threat posed by anomalous health incidents; (2) known defensive techniques; and (3) processes to self-report suspected exposure that could be an anomalous health incident.

To designate an Anomalous Health Incidents Interagency Coordinator to coordinate the interagency investigation of, and response to, anomalous health incidents, and for other purposes. 2) Some of the anomalous health incidents have resulted in unexplained brain injuries, which have had permanent, life- altering effects that have disrupted lives and ended careers. In this Act: (1) Agency coordination lead.--The term ``Agency Coordination Lead'' means a senior official designated by the head of a relevant agency to serve as the Anomalous Health Incident Agency Coordination Lead for such agency. 3) Interagency coordinator.--The term ``Interagency Coordinator'' means the Anomalous Health Incidents Interagency Coordinator designated pursuant to section 4(a). ( 4) Relevant agencies.--The term ``relevant agencies'' means-- (A) the Department of Defense; (B) the Department of State; (C) the Office of the Director of National Intelligence; (D) the Central Intelligence Agency; (E) the Department of Justice; (F) the Department of Homeland Security; and (G) other agencies and bodies designated by the Interagency Coordinator. 2) Delegation prohibited.--An Agency Coordination Lead may not delegate the responsibilities described in subparagraphs (A) through (E) of such paragraph. ( d) Briefings.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following 2 years, the Agency Coordination Leads shall jointly provide a briefing to the appropriate national security committees regarding progress made in achieving the objectives described in subsection (a). 3) Unclassified briefing summary.--The Agency Coordination Leads shall provide a coordinated, unclassified summary of the briefings to Congress, which shall include as much information as practicable without revealing classified information or information that is likely to identify an individual. ( f) Rule of Construction.--Nothing in this section may be construed to limit-- (1) the President's authority under article II of the United States Constitution; or (2) the provision of health care and benefits to afflicted individuals, consistent with existing laws. DEVELOPMENT AND DISSEMINATION OF WORKFORCE GUIDANCE. The President shall direct relevant agencies to develop and disseminate to their employees, not later than 30 days after the date of the enactment of this Act, updated workforce guidance that describes-- (1) the threat posed by anomalous health incidents; (2) known defensive techniques; and (3) processes to self-report suspected exposure that could be an anomalous health incident.

To designate an Anomalous Health Incidents Interagency Coordinator to coordinate the interagency investigation of, and response to, anomalous health incidents, and for other purposes. 2) Some of the anomalous health incidents have resulted in unexplained brain injuries, which have had permanent, life- altering effects that have disrupted lives and ended careers. In this Act: (1) Agency coordination lead.--The term ``Agency Coordination Lead'' means a senior official designated by the head of a relevant agency to serve as the Anomalous Health Incident Agency Coordination Lead for such agency. 3) Interagency coordinator.--The term ``Interagency Coordinator'' means the Anomalous Health Incidents Interagency Coordinator designated pursuant to section 4(a). ( 4) Relevant agencies.--The term ``relevant agencies'' means-- (A) the Department of Defense; (B) the Department of State; (C) the Office of the Director of National Intelligence; (D) the Central Intelligence Agency; (E) the Department of Justice; (F) the Department of Homeland Security; and (G) other agencies and bodies designated by the Interagency Coordinator. 2) Delegation prohibited.--An Agency Coordination Lead may not delegate the responsibilities described in subparagraphs (A) through (E) of such paragraph. ( d) Briefings.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following 2 years, the Agency Coordination Leads shall jointly provide a briefing to the appropriate national security committees regarding progress made in achieving the objectives described in subsection (a). 3) Unclassified briefing summary.--The Agency Coordination Leads shall provide a coordinated, unclassified summary of the briefings to Congress, which shall include as much information as practicable without revealing classified information or information that is likely to identify an individual. ( f) Rule of Construction.--Nothing in this section may be construed to limit-- (1) the President's authority under article II of the United States Constitution; or (2) the provision of health care and benefits to afflicted individuals, consistent with existing laws. DEVELOPMENT AND DISSEMINATION OF WORKFORCE GUIDANCE. The President shall direct relevant agencies to develop and disseminate to their employees, not later than 30 days after the date of the enactment of this Act, updated workforce guidance that describes-- (1) the threat posed by anomalous health incidents; (2) known defensive techniques; and (3) processes to self-report suspected exposure that could be an anomalous health incident.

To designate an Anomalous Health Incidents Interagency Coordinator to coordinate the interagency investigation of, and response to, anomalous health incidents, and for other purposes. 2) Some of the anomalous health incidents have resulted in unexplained brain injuries, which have had permanent, life- altering effects that have disrupted lives and ended careers. In this Act: (1) Agency coordination lead.--The term ``Agency Coordination Lead'' means a senior official designated by the head of a relevant agency to serve as the Anomalous Health Incident Agency Coordination Lead for such agency. ( 3) Interagency coordinator.--The term ``Interagency Coordinator'' means the Anomalous Health Incidents Interagency Coordinator designated pursuant to section 4(a). ( 2) Delegation prohibited.--An Agency Coordination Lead may not delegate the responsibilities described in subparagraphs (A) through (E) of such paragraph. d) Briefings.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following 2 years, the Agency Coordination Leads shall jointly provide a briefing to the appropriate national security committees regarding progress made in achieving the objectives described in subsection (a). 3) Unclassified briefing summary.--The Agency Coordination Leads shall provide a coordinated, unclassified summary of the briefings to Congress, which shall include as much information as practicable without revealing classified information or information that is likely to identify an individual. ( f) Rule of Construction.--Nothing in this section may be construed to limit-- (1) the President's authority under article II of the United States Constitution; or (2) the provision of health care and benefits to afflicted individuals, consistent with existing laws. DEVELOPMENT AND DISSEMINATION OF WORKFORCE GUIDANCE. The President shall direct relevant agencies to develop and disseminate to their employees, not later than 30 days after the date of the enactment of this Act, updated workforce guidance that describes-- (1) the threat posed by anomalous health incidents; (2) known defensive techniques; and (3) processes to self-report suspected exposure that could be an anomalous health incident.

To designate an Anomalous Health Incidents Interagency Coordinator to coordinate the interagency investigation of, and response to, anomalous health incidents, and for other purposes. 2) Some of the anomalous health incidents have resulted in unexplained brain injuries, which have had permanent, life- altering effects that have disrupted lives and ended careers. In this Act: (1) Agency coordination lead.--The term ``Agency Coordination Lead'' means a senior official designated by the head of a relevant agency to serve as the Anomalous Health Incident Agency Coordination Lead for such agency. 3) Interagency coordinator.--The term ``Interagency Coordinator'' means the Anomalous Health Incidents Interagency Coordinator designated pursuant to section 4(a). ( 4) Relevant agencies.--The term ``relevant agencies'' means-- (A) the Department of Defense; (B) the Department of State; (C) the Office of the Director of National Intelligence; (D) the Central Intelligence Agency; (E) the Department of Justice; (F) the Department of Homeland Security; and (G) other agencies and bodies designated by the Interagency Coordinator. 2) Delegation prohibited.--An Agency Coordination Lead may not delegate the responsibilities described in subparagraphs (A) through (E) of such paragraph. ( d) Briefings.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following 2 years, the Agency Coordination Leads shall jointly provide a briefing to the appropriate national security committees regarding progress made in achieving the objectives described in subsection (a). 3) Unclassified briefing summary.--The Agency Coordination Leads shall provide a coordinated, unclassified summary of the briefings to Congress, which shall include as much information as practicable without revealing classified information or information that is likely to identify an individual. ( f) Rule of Construction.--Nothing in this section may be construed to limit-- (1) the President's authority under article II of the United States Constitution; or (2) the provision of health care and benefits to afflicted individuals, consistent with existing laws. DEVELOPMENT AND DISSEMINATION OF WORKFORCE GUIDANCE. The President shall direct relevant agencies to develop and disseminate to their employees, not later than 30 days after the date of the enactment of this Act, updated workforce guidance that describes-- (1) the threat posed by anomalous health incidents; (2) known defensive techniques; and (3) processes to self-report suspected exposure that could be an anomalous health incident.

To designate an Anomalous Health Incidents Interagency Coordinator to coordinate the interagency investigation of, and response to, anomalous health incidents, and for other purposes. 2) Some of the anomalous health incidents have resulted in unexplained brain injuries, which have had permanent, life- altering effects that have disrupted lives and ended careers. In this Act: (1) Agency coordination lead.--The term ``Agency Coordination Lead'' means a senior official designated by the head of a relevant agency to serve as the Anomalous Health Incident Agency Coordination Lead for such agency. ( 3) Interagency coordinator.--The term ``Interagency Coordinator'' means the Anomalous Health Incidents Interagency Coordinator designated pursuant to section 4(a). ( 2) Delegation prohibited.--An Agency Coordination Lead may not delegate the responsibilities described in subparagraphs (A) through (E) of such paragraph. d) Briefings.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following 2 years, the Agency Coordination Leads shall jointly provide a briefing to the appropriate national security committees regarding progress made in achieving the objectives described in subsection (a). 3) Unclassified briefing summary.--The Agency Coordination Leads shall provide a coordinated, unclassified summary of the briefings to Congress, which shall include as much information as practicable without revealing classified information or information that is likely to identify an individual. ( f) Rule of Construction.--Nothing in this section may be construed to limit-- (1) the President's authority under article II of the United States Constitution; or (2) the provision of health care and benefits to afflicted individuals, consistent with existing laws. DEVELOPMENT AND DISSEMINATION OF WORKFORCE GUIDANCE. The President shall direct relevant agencies to develop and disseminate to their employees, not later than 30 days after the date of the enactment of this Act, updated workforce guidance that describes-- (1) the threat posed by anomalous health incidents; (2) known defensive techniques; and (3) processes to self-report suspected exposure that could be an anomalous health incident.

To designate an Anomalous Health Incidents Interagency Coordinator to coordinate the interagency investigation of, and response to, anomalous health incidents, and for other purposes. 2) Some of the anomalous health incidents have resulted in unexplained brain injuries, which have had permanent, life- altering effects that have disrupted lives and ended careers. In this Act: (1) Agency coordination lead.--The term ``Agency Coordination Lead'' means a senior official designated by the head of a relevant agency to serve as the Anomalous Health Incident Agency Coordination Lead for such agency. 3) Interagency coordinator.--The term ``Interagency Coordinator'' means the Anomalous Health Incidents Interagency Coordinator designated pursuant to section 4(a). ( 4) Relevant agencies.--The term ``relevant agencies'' means-- (A) the Department of Defense; (B) the Department of State; (C) the Office of the Director of National Intelligence; (D) the Central Intelligence Agency; (E) the Department of Justice; (F) the Department of Homeland Security; and (G) other agencies and bodies designated by the Interagency Coordinator. 2) Delegation prohibited.--An Agency Coordination Lead may not delegate the responsibilities described in subparagraphs (A) through (E) of such paragraph. ( d) Briefings.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following 2 years, the Agency Coordination Leads shall jointly provide a briefing to the appropriate national security committees regarding progress made in achieving the objectives described in subsection (a). 3) Unclassified briefing summary.--The Agency Coordination Leads shall provide a coordinated, unclassified summary of the briefings to Congress, which shall include as much information as practicable without revealing classified information or information that is likely to identify an individual. ( f) Rule of Construction.--Nothing in this section may be construed to limit-- (1) the President's authority under article II of the United States Constitution; or (2) the provision of health care and benefits to afflicted individuals, consistent with existing laws. DEVELOPMENT AND DISSEMINATION OF WORKFORCE GUIDANCE. The President shall direct relevant agencies to develop and disseminate to their employees, not later than 30 days after the date of the enactment of this Act, updated workforce guidance that describes-- (1) the threat posed by anomalous health incidents; (2) known defensive techniques; and (3) processes to self-report suspected exposure that could be an anomalous health incident.

To designate an Anomalous Health Incidents Interagency Coordinator to coordinate the interagency investigation of, and response to, anomalous health incidents, and for other purposes. 2) Some of the anomalous health incidents have resulted in unexplained brain injuries, which have had permanent, life- altering effects that have disrupted lives and ended careers. In this Act: (1) Agency coordination lead.--The term ``Agency Coordination Lead'' means a senior official designated by the head of a relevant agency to serve as the Anomalous Health Incident Agency Coordination Lead for such agency. ( 3) Interagency coordinator.--The term ``Interagency Coordinator'' means the Anomalous Health Incidents Interagency Coordinator designated pursuant to section 4(a). ( 2) Delegation prohibited.--An Agency Coordination Lead may not delegate the responsibilities described in subparagraphs (A) through (E) of such paragraph. d) Briefings.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following 2 years, the Agency Coordination Leads shall jointly provide a briefing to the appropriate national security committees regarding progress made in achieving the objectives described in subsection (a). 3) Unclassified briefing summary.--The Agency Coordination Leads shall provide a coordinated, unclassified summary of the briefings to Congress, which shall include as much information as practicable without revealing classified information or information that is likely to identify an individual. ( f) Rule of Construction.--Nothing in this section may be construed to limit-- (1) the President's authority under article II of the United States Constitution; or (2) the provision of health care and benefits to afflicted individuals, consistent with existing laws. DEVELOPMENT AND DISSEMINATION OF WORKFORCE GUIDANCE. The President shall direct relevant agencies to develop and disseminate to their employees, not later than 30 days after the date of the enactment of this Act, updated workforce guidance that describes-- (1) the threat posed by anomalous health incidents; (2) known defensive techniques; and (3) processes to self-report suspected exposure that could be an anomalous health incident.

To designate an Anomalous Health Incidents Interagency Coordinator to coordinate the interagency investigation of, and response to, anomalous health incidents, and for other purposes. d) Briefings.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following 2 years, the Agency Coordination Leads shall jointly provide a briefing to the appropriate national security committees regarding progress made in achieving the objectives described in subsection (a). The President shall direct relevant agencies to develop and disseminate to their employees, not later than 30 days after the date of the enactment of this Act, updated workforce guidance that describes-- (1) the threat posed by anomalous health incidents; (2) known defensive techniques; and (3) processes to self-report suspected exposure that could be an anomalous health incident.

To designate an Anomalous Health Incidents Interagency Coordinator to coordinate the interagency investigation of, and response to, anomalous health incidents, and for other purposes. 2) Some of the anomalous health incidents have resulted in unexplained brain injuries, which have had permanent, life- altering effects that have disrupted lives and ended careers. In this Act: (1) Agency coordination lead.--The term ``Agency Coordination Lead'' means a senior official designated by the head of a relevant agency to serve as the Anomalous Health Incident Agency Coordination Lead for such agency. ( 3) Interagency coordinator.--The term ``Interagency Coordinator'' means the Anomalous Health Incidents Interagency Coordinator designated pursuant to section 4(a). ( 2) Delegation prohibited.--An Agency Coordination Lead may not delegate the responsibilities described in subparagraphs (A) through (E) of such paragraph. d) Briefings.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following 2 years, the Agency Coordination Leads shall jointly provide a briefing to the appropriate national security committees regarding progress made in achieving the objectives described in subsection (a). 3) Unclassified briefing summary.--The Agency Coordination Leads shall provide a coordinated, unclassified summary of the briefings to Congress, which shall include as much information as practicable without revealing classified information or information that is likely to identify an individual. ( f) Rule of Construction.--Nothing in this section may be construed to limit-- (1) the President's authority under article II of the United States Constitution; or (2) the provision of health care and benefits to afflicted individuals, consistent with existing laws. DEVELOPMENT AND DISSEMINATION OF WORKFORCE GUIDANCE. The President shall direct relevant agencies to develop and disseminate to their employees, not later than 30 days after the date of the enactment of this Act, updated workforce guidance that describes-- (1) the threat posed by anomalous health incidents; (2) known defensive techniques; and (3) processes to self-report suspected exposure that could be an anomalous health incident.

Directed Energy Threat Emergency Response Act This bill directs the Department of Defense (DOD) to designate an Anomalous Health Incidents Interagency Coordinator to coordinate the interagency investigation of, and response to, anomalous health incidents, and for other purposes. DOD must: (1) ensure timely access to DOD personnel and their dependents affected by such incidents; and (2) Directs the Interagency Coordinator to: (1) ensure that agencies develop a process to provide a secure mechanism for personnel, their dependents, and other appropriate individuals to self-report any suspected exposure that could be an anomalous health incident; (2) share all relevant data with the Office of the Director of National Intelligence through existing processes coordinated by the Coordinator; and (3)

S.2555

Armed Forces and National Security

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

To require the Secretary of Defense to establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense, to include exposure to such substances in periodic health assessments of members of the Armed Forces, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``PFAS Exposure Assessment and Documentation Act''. SEC. 2. PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES TASK FORCE OF DEPARTMENT OF DEFENSE. (a) In General.--The Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the ``PFAS Task Force''). (b) Membership.--The members of the PFAS Task Force are the following: (1) The Assistant Secretary of Defense for Sustainment. (2) The Assistant Secretary of the Army for Installations, Energy, and Environment. (3) The Assistant Secretary of the Navy for Energy, Installations, and Environment. (4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy. (5) A liaison from the Department of Veterans Affairs to be determined by the Secretary of Veterans Affairs. (c) Chairman.--The Assistant Secretary of Defense for Sustainment shall be the chairman of the PFAS Task Force. (d) Support.--The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. (e) Duties.--The duties of the PFAS Task Force are the following: (1) Analysis of the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances. (2) Establishment of clean-up standards and performance requirements relating to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (3) Finding and funding the procurement of an effective substitute firefighting foam without perfluoroalkyl substances or polyfluoroalkyl substances. (4) Establishment of standards that are supported by science for determining exposure to and ensuring clean up of perfluoroalkyl substances and polyfluoroalkyl substances. (5) Establishment of interagency coordination with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (6) Assessment of the perceptions by Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. (f) Report.--Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. SEC. 3. INCLUSION OF EXPOSURE TO PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AS PART OF PERIODIC HEALTH ASSESSMENTS. (a) Periodic Health Assessment.--The Secretary of Defense shall ensure that any periodic health assessment provided to a member of the Armed Forces includes an evaluation of whether the member has been-- (1) based or stationed at a military installation identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or (2) exposed to such substances, including by evaluating any information in the health record of the member. (b) Separation History and Physical Examinations.--Section 1145(a)(5) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(D) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was-- ``(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or ``(ii) exposed to such substances, including by assessing any information in the health record of the member.''. (c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(E) An assessment of whether the member was-- ``(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or ``(ii) exposed to such substances, including by assessing any information in the health record of the member.''. SEC. 4. PROVISION OF BLOOD TESTING FOR MEMBERS OF THE ARMED FORCES, FORMER MEMBERS OF THE ARMED FORCES, AND THEIR FAMILIES TO DETERMINE EXPOSURE TO PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES. (a) Members of the Armed Forces.-- (1) In general.--If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary of Defense shall provide to that member, during that covered evaluation, blood testing to determine and document potential exposure to such substances. (2) Inclusion in health record.--The results of blood testing of a member of the Armed Forces conducted under paragraph (1) shall be included in the health record of the member. (b) Former Members of the Armed Forces and Family Members.--The Secretary shall pay for blood testing to determine and document potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances for any covered individual, at the election of the individual, either through the TRICARE program for individuals otherwise eligible for such program or through the use of vouchers to obtain such testing. (c) Definitions.--In this section: (1) Covered evaluation.--The term ``covered evaluation'' means-- (A) a periodic health assessment conducted in accordance with section 3(a); (B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 3(b); and (C) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 3(c). (2) Covered individual.--The term ``covered individual'' means a former member of the Armed Forces or a family member of a member or former member of the Armed Forces who lived at a location (or the surrounding area of such a location) identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the individual lived at that location (or surrounding area). (3) TRICARE program.--The term ``TRICARE program'' has the meaning given that term in section 1072(7) of title 10, United States Code. SEC. 5. DOCUMENTATION OF EXPOSURE TO PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES. (a) Sharing of Information.--The Secretary of Defense and the Secretary of Veterans Affairs shall enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of covered evaluations regarding the exposure by a member of the Armed Forces to perfluoroalkyl substances or polyfluoroalkyl substances. (b) Registry.-- (1) Establishment.--The Secretary of Defense shall establish a registry of members of the Armed Forces who have been exposed to, or are suspected to have been exposed to, perfluoroalkyl substances or polyfluoroalkyl substances. (2) Inclusion in registry.--The Secretary shall include a member of the Armed Forces in the registry established under paragraph (1) if a covered evaluation of the member establishes that the member-- (A) was based or stationed at a location identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the location; or (B) was exposed to such substances. (3) Blood testing.--The results of any blood test conducted under section 4(a) shall be included in the registry established under paragraph (1) for any member of the Armed Forces included in the registry. (4) Election.--A member of the Armed Forces may elect not to be included in the registry established under paragraph (1). (c) Provision of Information.--The Secretary of Defense shall provide to a member of the Armed Forces more information on perfluoroalkyl substances and polyfluoroalkyl substances and the potential impact of exposure to such substances if a covered evaluation of such member establishes that the member-- (1) was based or stationed at a location identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the location; or (2) was exposed to such substances. (d) Rule of Construction.--Nothing in this section may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl substances not being recorded in a covered evaluation. (e) Covered Evaluation Defined.--In this section, the term ``covered evaluation'' means-- (1) a periodic health assessment conducted in accordance with section 3(a); (2) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 3(b); and (3) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 3(c). <all>

PFAS Exposure Assessment and Documentation Act

A bill to require the Secretary of Defense to establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense, to include exposure to such substances in periodic health assessments of members of the Armed Forces, and for other purposes.

PFAS Exposure Assessment and Documentation Act

Sen. Shaheen, Jeanne

D

NH

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

2. (b) Membership.--The members of the PFAS Task Force are the following: (1) The Assistant Secretary of Defense for Sustainment. (2) The Assistant Secretary of the Army for Installations, Energy, and Environment. (5) A liaison from the Department of Veterans Affairs to be determined by the Secretary of Veterans Affairs. (2) Establishment of clean-up standards and performance requirements relating to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (3) Finding and funding the procurement of an effective substitute firefighting foam without perfluoroalkyl substances or polyfluoroalkyl substances. (f) Report.--Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. 3. (c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(E) An assessment of whether the member was-- ``(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or ``(ii) exposed to such substances, including by assessing any information in the health record of the member.''. 4. (2) Inclusion in health record.--The results of blood testing of a member of the Armed Forces conducted under paragraph (1) shall be included in the health record of the member. (b) Former Members of the Armed Forces and Family Members.--The Secretary shall pay for blood testing to determine and document potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances for any covered individual, at the election of the individual, either through the TRICARE program for individuals otherwise eligible for such program or through the use of vouchers to obtain such testing. (c) Definitions.--In this section: (1) Covered evaluation.--The term ``covered evaluation'' means-- (A) a periodic health assessment conducted in accordance with section 3(a); (B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 3(b); and (C) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 3(c). SEC. DOCUMENTATION OF EXPOSURE TO PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES. (2) Inclusion in registry.--The Secretary shall include a member of the Armed Forces in the registry established under paragraph (1) if a covered evaluation of the member establishes that the member-- (A) was based or stationed at a location identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the location; or (B) was exposed to such substances.

2. (b) Membership.--The members of the PFAS Task Force are the following: (1) The Assistant Secretary of Defense for Sustainment. (2) The Assistant Secretary of the Army for Installations, Energy, and Environment. (5) A liaison from the Department of Veterans Affairs to be determined by the Secretary of Veterans Affairs. (2) Establishment of clean-up standards and performance requirements relating to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (f) Report.--Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. 3. 4. (2) Inclusion in health record.--The results of blood testing of a member of the Armed Forces conducted under paragraph (1) shall be included in the health record of the member. (b) Former Members of the Armed Forces and Family Members.--The Secretary shall pay for blood testing to determine and document potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances for any covered individual, at the election of the individual, either through the TRICARE program for individuals otherwise eligible for such program or through the use of vouchers to obtain such testing. (c) Definitions.--In this section: (1) Covered evaluation.--The term ``covered evaluation'' means-- (A) a periodic health assessment conducted in accordance with section 3(a); (B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 3(b); and (C) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 3(c). SEC. DOCUMENTATION OF EXPOSURE TO PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES. (2) Inclusion in registry.--The Secretary shall include a member of the Armed Forces in the registry established under paragraph (1) if a covered evaluation of the member establishes that the member-- (A) was based or stationed at a location identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the location; or (B) was exposed to such substances.

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) In General.--The Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the ``PFAS Task Force''). (b) Membership.--The members of the PFAS Task Force are the following: (1) The Assistant Secretary of Defense for Sustainment. (2) The Assistant Secretary of the Army for Installations, Energy, and Environment. (5) A liaison from the Department of Veterans Affairs to be determined by the Secretary of Veterans Affairs. (d) Support.--The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. (e) Duties.--The duties of the PFAS Task Force are the following: (1) Analysis of the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances. (2) Establishment of clean-up standards and performance requirements relating to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (3) Finding and funding the procurement of an effective substitute firefighting foam without perfluoroalkyl substances or polyfluoroalkyl substances. (4) Establishment of standards that are supported by science for determining exposure to and ensuring clean up of perfluoroalkyl substances and polyfluoroalkyl substances. (5) Establishment of interagency coordination with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (f) Report.--Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. 3. (c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(E) An assessment of whether the member was-- ``(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or ``(ii) exposed to such substances, including by assessing any information in the health record of the member.''. 4. (2) Inclusion in health record.--The results of blood testing of a member of the Armed Forces conducted under paragraph (1) shall be included in the health record of the member. (b) Former Members of the Armed Forces and Family Members.--The Secretary shall pay for blood testing to determine and document potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances for any covered individual, at the election of the individual, either through the TRICARE program for individuals otherwise eligible for such program or through the use of vouchers to obtain such testing. (c) Definitions.--In this section: (1) Covered evaluation.--The term ``covered evaluation'' means-- (A) a periodic health assessment conducted in accordance with section 3(a); (B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 3(b); and (C) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 3(c). SEC. DOCUMENTATION OF EXPOSURE TO PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES. (2) Inclusion in registry.--The Secretary shall include a member of the Armed Forces in the registry established under paragraph (1) if a covered evaluation of the member establishes that the member-- (A) was based or stationed at a location identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the location; or (B) was exposed to such substances. (d) Rule of Construction.--Nothing in this section may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl substances not being recorded in a covered evaluation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``PFAS Exposure Assessment and Documentation Act''. 2. (a) In General.--The Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the ``PFAS Task Force''). (b) Membership.--The members of the PFAS Task Force are the following: (1) The Assistant Secretary of Defense for Sustainment. (2) The Assistant Secretary of the Army for Installations, Energy, and Environment. (3) The Assistant Secretary of the Navy for Energy, Installations, and Environment. (4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy. (5) A liaison from the Department of Veterans Affairs to be determined by the Secretary of Veterans Affairs. (d) Support.--The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. (e) Duties.--The duties of the PFAS Task Force are the following: (1) Analysis of the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances. (2) Establishment of clean-up standards and performance requirements relating to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (3) Finding and funding the procurement of an effective substitute firefighting foam without perfluoroalkyl substances or polyfluoroalkyl substances. (4) Establishment of standards that are supported by science for determining exposure to and ensuring clean up of perfluoroalkyl substances and polyfluoroalkyl substances. (5) Establishment of interagency coordination with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (6) Assessment of the perceptions by Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. (f) Report.--Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. 3. (c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(E) An assessment of whether the member was-- ``(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or ``(ii) exposed to such substances, including by assessing any information in the health record of the member.''. 4. (2) Inclusion in health record.--The results of blood testing of a member of the Armed Forces conducted under paragraph (1) shall be included in the health record of the member. (b) Former Members of the Armed Forces and Family Members.--The Secretary shall pay for blood testing to determine and document potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances for any covered individual, at the election of the individual, either through the TRICARE program for individuals otherwise eligible for such program or through the use of vouchers to obtain such testing. (c) Definitions.--In this section: (1) Covered evaluation.--The term ``covered evaluation'' means-- (A) a periodic health assessment conducted in accordance with section 3(a); (B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 3(b); and (C) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 3(c). (2) Covered individual.--The term ``covered individual'' means a former member of the Armed Forces or a family member of a member or former member of the Armed Forces who lived at a location (or the surrounding area of such a location) identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the individual lived at that location (or surrounding area). (3) TRICARE program.--The term ``TRICARE program'' has the meaning given that term in section 1072(7) of title 10, United States Code. SEC. DOCUMENTATION OF EXPOSURE TO PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES. (a) Sharing of Information.--The Secretary of Defense and the Secretary of Veterans Affairs shall enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of covered evaluations regarding the exposure by a member of the Armed Forces to perfluoroalkyl substances or polyfluoroalkyl substances. (2) Inclusion in registry.--The Secretary shall include a member of the Armed Forces in the registry established under paragraph (1) if a covered evaluation of the member establishes that the member-- (A) was based or stationed at a location identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the location; or (B) was exposed to such substances. (d) Rule of Construction.--Nothing in this section may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl substances not being recorded in a covered evaluation.

To require the Secretary of Defense to establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense, to include exposure to such substances in periodic health assessments of members of the Armed Forces, and for other purposes. 2) The Assistant Secretary of the Army for Installations, Energy, and Environment. ( 5) A liaison from the Department of Veterans Affairs to be determined by the Secretary of Veterans Affairs. ( (d) Support.--The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. ( e) Duties.--The duties of the PFAS Task Force are the following: (1) Analysis of the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances. ( (c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(E) An assessment of whether the member was-- ``(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or ``(ii) exposed to such substances, including by assessing any information in the health record of the member.''. a) Members of the Armed Forces.-- (1) In general.--If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary of Defense shall provide to that member, during that covered evaluation, blood testing to determine and document potential exposure to such substances. ( (b) Former Members of the Armed Forces and Family Members.--The Secretary shall pay for blood testing to determine and document potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances for any covered individual, at the election of the individual, either through the TRICARE program for individuals otherwise eligible for such program or through the use of vouchers to obtain such testing. ( 2) Covered individual.--The term ``covered individual'' means a former member of the Armed Forces or a family member of a member or former member of the Armed Forces who lived at a location (or the surrounding area of such a location) identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the individual lived at that location (or surrounding area). ( (a) Sharing of Information.--The Secretary of Defense and the Secretary of Veterans Affairs shall enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of covered evaluations regarding the exposure by a member of the Armed Forces to perfluoroalkyl substances or polyfluoroalkyl substances. ( 3) Blood testing.--The results of any blood test conducted under section 4(a) shall be included in the registry established under paragraph (1) for any member of the Armed Forces included in the registry. ( d) Rule of Construction.--Nothing in this section may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl substances not being recorded in a covered evaluation. ( e) Covered Evaluation Defined.--In this section, the term ``covered evaluation'' means-- (1) a periodic health assessment conducted in accordance with section 3(a); (2) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 3(b); and (3) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 3(c).

To require the Secretary of Defense to establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense, to include exposure to such substances in periodic health assessments of members of the Armed Forces, and for other purposes. 2) The Assistant Secretary of the Army for Installations, Energy, and Environment. ( e) Duties.--The duties of the PFAS Task Force are the following: (1) Analysis of the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances. ( 4) Establishment of standards that are supported by science for determining exposure to and ensuring clean up of perfluoroalkyl substances and polyfluoroalkyl substances. ( (6) Assessment of the perceptions by Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. ( f) Report.--Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. (c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(E) An assessment of whether the member was-- ``(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or ``(ii) exposed to such substances, including by assessing any information in the health record of the member.''. a) Members of the Armed Forces.-- (1) In general.--If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary of Defense shall provide to that member, during that covered evaluation, blood testing to determine and document potential exposure to such substances. ( (2) Covered individual.--The term ``covered individual'' means a former member of the Armed Forces or a family member of a member or former member of the Armed Forces who lived at a location (or the surrounding area of such a location) identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the individual lived at that location (or surrounding area). ( b) Registry.-- (1) Establishment.--The Secretary of Defense shall establish a registry of members of the Armed Forces who have been exposed to, or are suspected to have been exposed to, perfluoroalkyl substances or polyfluoroalkyl substances. ( d) Rule of Construction.--Nothing in this section may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl substances not being recorded in a covered evaluation. ( e) Covered Evaluation Defined.--In this section, the term ``covered evaluation'' means-- (1) a periodic health assessment conducted in accordance with section 3(a); (2) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 3(b); and (3) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 3(c).

To require the Secretary of Defense to establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense, to include exposure to such substances in periodic health assessments of members of the Armed Forces, and for other purposes. 2) The Assistant Secretary of the Army for Installations, Energy, and Environment. ( e) Duties.--The duties of the PFAS Task Force are the following: (1) Analysis of the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances. ( 4) Establishment of standards that are supported by science for determining exposure to and ensuring clean up of perfluoroalkyl substances and polyfluoroalkyl substances. ( (6) Assessment of the perceptions by Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. ( f) Report.--Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. (c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(E) An assessment of whether the member was-- ``(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or ``(ii) exposed to such substances, including by assessing any information in the health record of the member.''. a) Members of the Armed Forces.-- (1) In general.--If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary of Defense shall provide to that member, during that covered evaluation, blood testing to determine and document potential exposure to such substances. ( (2) Covered individual.--The term ``covered individual'' means a former member of the Armed Forces or a family member of a member or former member of the Armed Forces who lived at a location (or the surrounding area of such a location) identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the individual lived at that location (or surrounding area). ( b) Registry.-- (1) Establishment.--The Secretary of Defense shall establish a registry of members of the Armed Forces who have been exposed to, or are suspected to have been exposed to, perfluoroalkyl substances or polyfluoroalkyl substances. ( d) Rule of Construction.--Nothing in this section may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl substances not being recorded in a covered evaluation. ( e) Covered Evaluation Defined.--In this section, the term ``covered evaluation'' means-- (1) a periodic health assessment conducted in accordance with section 3(a); (2) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 3(b); and (3) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 3(c).

To require the Secretary of Defense to establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense, to include exposure to such substances in periodic health assessments of members of the Armed Forces, and for other purposes. 2) The Assistant Secretary of the Army for Installations, Energy, and Environment. ( 5) A liaison from the Department of Veterans Affairs to be determined by the Secretary of Veterans Affairs. ( (d) Support.--The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. ( e) Duties.--The duties of the PFAS Task Force are the following: (1) Analysis of the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances. ( (c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(E) An assessment of whether the member was-- ``(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or ``(ii) exposed to such substances, including by assessing any information in the health record of the member.''. a) Members of the Armed Forces.-- (1) In general.--If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary of Defense shall provide to that member, during that covered evaluation, blood testing to determine and document potential exposure to such substances. ( (b) Former Members of the Armed Forces and Family Members.--The Secretary shall pay for blood testing to determine and document potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances for any covered individual, at the election of the individual, either through the TRICARE program for individuals otherwise eligible for such program or through the use of vouchers to obtain such testing. ( 2) Covered individual.--The term ``covered individual'' means a former member of the Armed Forces or a family member of a member or former member of the Armed Forces who lived at a location (or the surrounding area of such a location) identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the individual lived at that location (or surrounding area). ( (a) Sharing of Information.--The Secretary of Defense and the Secretary of Veterans Affairs shall enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of covered evaluations regarding the exposure by a member of the Armed Forces to perfluoroalkyl substances or polyfluoroalkyl substances. ( 3) Blood testing.--The results of any blood test conducted under section 4(a) shall be included in the registry established under paragraph (1) for any member of the Armed Forces included in the registry. ( d) Rule of Construction.--Nothing in this section may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl substances not being recorded in a covered evaluation. ( e) Covered Evaluation Defined.--In this section, the term ``covered evaluation'' means-- (1) a periodic health assessment conducted in accordance with section 3(a); (2) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 3(b); and (3) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 3(c).

To require the Secretary of Defense to establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense, to include exposure to such substances in periodic health assessments of members of the Armed Forces, and for other purposes. 2) The Assistant Secretary of the Army for Installations, Energy, and Environment. ( e) Duties.--The duties of the PFAS Task Force are the following: (1) Analysis of the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances. ( 4) Establishment of standards that are supported by science for determining exposure to and ensuring clean up of perfluoroalkyl substances and polyfluoroalkyl substances. ( (6) Assessment of the perceptions by Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. ( f) Report.--Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. (c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(E) An assessment of whether the member was-- ``(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or ``(ii) exposed to such substances, including by assessing any information in the health record of the member.''. a) Members of the Armed Forces.-- (1) In general.--If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary of Defense shall provide to that member, during that covered evaluation, blood testing to determine and document potential exposure to such substances. ( (2) Covered individual.--The term ``covered individual'' means a former member of the Armed Forces or a family member of a member or former member of the Armed Forces who lived at a location (or the surrounding area of such a location) identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the individual lived at that location (or surrounding area). ( b) Registry.-- (1) Establishment.--The Secretary of Defense shall establish a registry of members of the Armed Forces who have been exposed to, or are suspected to have been exposed to, perfluoroalkyl substances or polyfluoroalkyl substances. ( d) Rule of Construction.--Nothing in this section may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl substances not being recorded in a covered evaluation. ( e) Covered Evaluation Defined.--In this section, the term ``covered evaluation'' means-- (1) a periodic health assessment conducted in accordance with section 3(a); (2) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 3(b); and (3) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 3(c).

To require the Secretary of Defense to establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense, to include exposure to such substances in periodic health assessments of members of the Armed Forces, and for other purposes. 2) The Assistant Secretary of the Army for Installations, Energy, and Environment. ( 5) A liaison from the Department of Veterans Affairs to be determined by the Secretary of Veterans Affairs. ( (d) Support.--The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. ( e) Duties.--The duties of the PFAS Task Force are the following: (1) Analysis of the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances. ( (c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(E) An assessment of whether the member was-- ``(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or ``(ii) exposed to such substances, including by assessing any information in the health record of the member.''. a) Members of the Armed Forces.-- (1) In general.--If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary of Defense shall provide to that member, during that covered evaluation, blood testing to determine and document potential exposure to such substances. ( (b) Former Members of the Armed Forces and Family Members.--The Secretary shall pay for blood testing to determine and document potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances for any covered individual, at the election of the individual, either through the TRICARE program for individuals otherwise eligible for such program or through the use of vouchers to obtain such testing. ( 2) Covered individual.--The term ``covered individual'' means a former member of the Armed Forces or a family member of a member or former member of the Armed Forces who lived at a location (or the surrounding area of such a location) identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the individual lived at that location (or surrounding area). ( (a) Sharing of Information.--The Secretary of Defense and the Secretary of Veterans Affairs shall enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of covered evaluations regarding the exposure by a member of the Armed Forces to perfluoroalkyl substances or polyfluoroalkyl substances. ( 3) Blood testing.--The results of any blood test conducted under section 4(a) shall be included in the registry established under paragraph (1) for any member of the Armed Forces included in the registry. ( d) Rule of Construction.--Nothing in this section may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl substances not being recorded in a covered evaluation. ( e) Covered Evaluation Defined.--In this section, the term ``covered evaluation'' means-- (1) a periodic health assessment conducted in accordance with section 3(a); (2) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 3(b); and (3) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 3(c).

To require the Secretary of Defense to establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense, to include exposure to such substances in periodic health assessments of members of the Armed Forces, and for other purposes. a) Members of the Armed Forces.-- (1) In general.--If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary of Defense shall provide to that member, during that covered evaluation, blood testing to determine and document potential exposure to such substances. ( (2) Covered individual.--The term ``covered individual'' means a former member of the Armed Forces or a family member of a member or former member of the Armed Forces who lived at a location (or the surrounding area of such a location) identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the individual lived at that location (or surrounding area). ( d) Rule of Construction.--Nothing in this section may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl substances not being recorded in a covered evaluation. (

To require the Secretary of Defense to establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense, to include exposure to such substances in periodic health assessments of members of the Armed Forces, and for other purposes. d) Support.--The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. ( a) Members of the Armed Forces.-- (1) In general.--If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary of Defense shall provide to that member, during that covered evaluation, blood testing to determine and document potential exposure to such substances. ( ( 2) Covered individual.--The term ``covered individual'' means a former member of the Armed Forces or a family member of a member or former member of the Armed Forces who lived at a location (or the surrounding area of such a location) identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the individual lived at that location (or surrounding area). ( (a) Sharing of Information.--The Secretary of Defense and the Secretary of Veterans Affairs shall enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of covered evaluations regarding the exposure by a member of the Armed Forces to perfluoroalkyl substances or polyfluoroalkyl substances. ( d) Rule of Construction.--Nothing in this section may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl substances not being recorded in a covered evaluation. (

To require the Secretary of Defense to establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense, to include exposure to such substances in periodic health assessments of members of the Armed Forces, and for other purposes. a) Members of the Armed Forces.-- (1) In general.--If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary of Defense shall provide to that member, during that covered evaluation, blood testing to determine and document potential exposure to such substances. ( (2) Covered individual.--The term ``covered individual'' means a former member of the Armed Forces or a family member of a member or former member of the Armed Forces who lived at a location (or the surrounding area of such a location) identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the individual lived at that location (or surrounding area). ( d) Rule of Construction.--Nothing in this section may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl substances not being recorded in a covered evaluation. (

To require the Secretary of Defense to establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense, to include exposure to such substances in periodic health assessments of members of the Armed Forces, and for other purposes. d) Support.--The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. ( a) Members of the Armed Forces.-- (1) In general.--If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary of Defense shall provide to that member, during that covered evaluation, blood testing to determine and document potential exposure to such substances. ( ( 2) Covered individual.--The term ``covered individual'' means a former member of the Armed Forces or a family member of a member or former member of the Armed Forces who lived at a location (or the surrounding area of such a location) identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the individual lived at that location (or surrounding area). ( (a) Sharing of Information.--The Secretary of Defense and the Secretary of Veterans Affairs shall enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of covered evaluations regarding the exposure by a member of the Armed Forces to perfluoroalkyl substances or polyfluoroalkyl substances. ( d) Rule of Construction.--Nothing in this section may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl substances not being recorded in a covered evaluation. (

PFAS Exposure Assessment and Documentation Act - Directs the Secretary of Defense to establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkylene substances from activities of the Department of Defense (DOD). (Sec. 2) Requires the Secretary to ensure that any periodic health assessment provided to a member of the Armed Forces includes an evaluation Directs the Secretary of Defense and the Department of Veterans Affairs (VA) to enter into a memorandum of understanding providing for the sharing by the VA of the results of covered evaluations regarding the exposure by a member of the Armed Forces to perfluoroalkyl substances or polyfluoroalky substances. (Sec. 5) Directs the VA to establish a registry of members

H.R.6533

Energy

Regional Clean Energy Innovation Act This bill requires the Department of Energy to establish an Office of Advanced Clean Energy Technologies to advance mid-stage and late-stage innovation, development, demonstration, and commercialization of clean energy technologies to further regional net-zero greenhouse gas emissions pathways.

To direct the Secretary of Energy to establish an Office of Advanced Clean Energy Technologies to manage a network of Regional Energy Innovation and Development Institutes to advance clean energy technologies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Clean Energy Innovation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Clean energy technology.--The term ``clean energy technology'' means a technology, production process, or methodology that-- (A) produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or another renewable energy source (as defined in section 609 of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c)); (B) more efficiently transmits, distributes, or stores energy; (C) enhances energy efficiency for buildings, manufacturing processes, and industry, including combined heat and power; (D) enables the development of a Smart Grid (as described in section 1301 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381)), including integration of renewable energy sources and distributed generation, demand response, demand side management, and systems analysis; (E) produces an advanced or sustainable material with clean energy or energy efficiency applications; or (F) improves energy efficiency for transportation, including electric vehicles. (2) Director.--The term ``Director'' means the Director of the Office of Advanced Clean Energy Technologies. (3) Eligible entity.--The term ``eligible entity'' means a State, a unit of local government, a Tribal government, an institution of higher education, a business, a National Laboratory, a labor organization, and any other entity the Secretary determines appropriate. (4) National laboratory.--The term ``National Laboratory'' has the meaning given such term in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)). (5) Office.--The term ``Office'' means the Office of Advanced Clean Energy Technologies established under section 3(a). (6) Regional energy innovation and development institute or reidi.--The term ``Regional Energy Innovation and Development Institute'' or ``REIDI'' means a partnership-- (A) of at least 2 eligible entities; and (B) that is designated by the Director under the program established under section 3(e). (7) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. OFFICE OF ADVANCED CLEAN ENERGY TECHNOLOGIES. (a) Establishment.--The Secretary shall establish an Office of Advanced Clean Energy Technologies within the Department of Energy. (b) Purpose.--The purpose of the Office is to advance mid-stage and late-stage innovation, development, demonstration, and commercialization of clean energy technologies, in accordance with regional capabilities and market needs, in order to further regional net-zero greenhouse gas emissions pathways. (c) Director.--The Office shall be headed by a Director who shall be appointed by the President, with the advice and consent of the Senate, and shall report to the Secretary. (d) Duties.--The duties of the Director shall include-- (1) assessing regional capabilities to develop and utilize, and market needs for, clean energy technologies; (2) analyzing region-specific pathways to decarbonization and net-zero greenhouse gas emissions to inform the designation of Regional Energy Innovation and Development Institutes; (3) establishing and carrying out the program described in subsection (e); (4) establishing and maintaining a staff with sufficient qualifications and expertise to enable the Office to carry out its duties in conjunction with other operations of the Department of Energy; and (5) coordinating with National Laboratories and other Federal agencies, offices, and programs, including the Economic Development Administration, to avoid duplication of effort and to work together to address gaps in mid-stage and late-stage innovation, demonstration, deployment, and commercialization of clean energy technologies. (e) Program To Designate and Support REIDIs.-- (1) In general.--The Director shall establish and carry out a program to designate, and provide financial assistance and other support to, Regional Energy Innovation and Development Institutes in accordance with this subsection. (2) Program contents.--In carrying out the program established under paragraph (1) the Director shall-- (A) establish goals for Regional Energy Innovation and Development Institutes and publicize the goals to eligible entities; (B) support the creation and development of Regional Energy Innovation and Development Institutes by providing incentives to eligible entities to organize as partnerships and address specific targeted clean energy technologies and market intersections; (C) provide assistance to partnerships of eligible entities in applying to be designated as Regional Energy Innovation and Development Institutes; (D) designate partnerships of eligible entities as Regional Energy Innovation and Development Institutes, taking into consideration-- (i) an appropriate balance of geographical interests; (ii) existing clean energy technology innovation efforts, including innovation efforts of National Laboratories, and other resources; (iii) regional variations in energy supply and demand and in resilience of energy supply and demand; (iv) the potential for job creation in the area to be served by the proposed Regional Energy Innovation and Development Institute from mid-stage and late-stage innovation, demonstration, deployment, and commercialization of clean energy technologies; and (v) the extent to which the proposed Regional Energy Innovation and Development Institute will address environmental justice and energy issues for rural and low-income households, communities of color, Tribal communities, and communities that are disproportionately vulnerable to the effects of climate change and greenhouse gas emissions; (E) promote collaboration and resource sharing among Regional Energy Innovation and Development Institutes; (F) in collaboration with National Laboratories, provide technical assistance to Regional Energy Innovation and Development Institutes; (G) provide financial assistance to Regional Energy Innovation and Development Institutes to carry out activities described in paragraph (3); (H) share best practices for establishing and operating Regional Energy Innovation and Development Institutes; (I) support Regional Energy Innovation and Development Institutes in the navigation of regulatory processes; and (J) assess the success of the Regional Energy Innovation and Development Institutes through the establishment of technical milestones, which shall be used to determine whether to terminate the designation of Regional Energy Innovation and Development Institutes that are not achieving such milestones. (3) Use of funds.--A Regional Energy Innovation and Development Institute may use financial assistance provided under the program established under paragraph (1) to carry out activities that advance mid-stage and late-stage innovation, development, demonstration, and commercialization of clean energy technologies, in accordance with regional capabilities and market needs, in order to further regional net-zero greenhouse gas emissions pathways, including activities that-- (A) facilitate commercialization of clean energy technologies through collaboration with relevant regulatory authorities and identification of regulatory structures that create obstacles to deployment and commercialization of clean energy technologies; (B) connect eligible entities that are partners in the Regional Energy Innovation and Development Institute to technical resources, modeling, and test beds; (C) foster mentorship, business development, education, and research and development investments relating to clean energy technologies; and (D) design and implement initiatives to stimulate market demand for clean energy technologies that will substantially contribute to regional net-zero greenhouse gas emissions pathways. (4) Cost share.--The Federal share of the cost of any activity carried out by a Regional Energy Innovation and Development Institute shall be not more than 50 percent. (5) Applications.--To apply for designation as a Regional Energy Innovation and Development Institute, and for financial and other assistance, under the program established under paragraph (1), a partnership of eligible entities shall submit an application to the Director that includes-- (A) a description of the eligible entities in the partnership; (B) a description of the geographical region that will be represented by the Regional Energy Innovation and Development Institute; (C) a plan for and description of the activities to be carried out by the Regional Energy Innovation and Development Institute with Federal funds, including a description of how such activities will-- (i) align with State, local, regional, and Tribal policies; (ii) contribute to job creation; (iii) contribute to regional net-zero greenhouse gas emissions pathways and reductions in greenhouse gas emissions; and (iv) address market need in deployment, and increase market competitiveness, of clean energy technologies; (D) a description of the clean energy sectors that will be served by the Regional Energy Innovation and Development Institute, and how such sectors were identified in relation to regional market needs; (E) a description of the non-Federal funding sources to be utilized in carrying out the activities of the Regional Energy Innovation and Development Institute; and (F) such other information as the Director may require. (f) Reports and Plan.-- (1) Annual report.--The Director shall annually submit to Congress, as part of the Department of Energy's annual budget submitted for a fiscal year, a report describing activities conducted by each Regional Energy Innovation and Development Institute during the previous fiscal year. (2) Strategic plan.--Not later than one year after the date of enactment of this Act, and at least once every 5 years thereafter, the Director shall submit to Congress a strategic plan for the Office for the following 5 years that includes a plan for how the Office will advance mid-stage and late-stage innovation, development, demonstration, and commercialization of clean energy technologies, in accordance with regional capabilities and market needs, in order to further regional net-zero greenhouse gas emissions pathways. (g) Authorization of Appropriations.--There is authorized to be appropriated, for each of fiscal years 2023 through 2027, $150,000,000 to carry out this section, of which not more than $25,000,000 shall be for the administrative expenses of the Office each fiscal year. <all>

Regional Clean Energy Innovation Act

To direct the Secretary of Energy to establish an Office of Advanced Clean Energy Technologies to manage a network of Regional Energy Innovation and Development Institutes to advance clean energy technologies, and for other purposes.

Regional Clean Energy Innovation Act

Rep. Bonamici, Suzanne

D

OR

This bill requires the Department of Energy to establish an Office of Advanced Clean Energy Technologies to advance mid-stage and late-stage innovation, development, demonstration, and commercialization of clean energy technologies to further regional net-zero greenhouse gas emissions pathways.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. DEFINITIONS. 17381)), including integration of renewable energy sources and distributed generation, demand response, demand side management, and systems analysis; (E) produces an advanced or sustainable material with clean energy or energy efficiency applications; or (F) improves energy efficiency for transportation, including electric vehicles. (4) National laboratory.--The term ``National Laboratory'' has the meaning given such term in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. (6) Regional energy innovation and development institute or reidi.--The term ``Regional Energy Innovation and Development Institute'' or ``REIDI'' means a partnership-- (A) of at least 2 eligible entities; and (B) that is designated by the Director under the program established under section 3(e). SEC. OFFICE OF ADVANCED CLEAN ENERGY TECHNOLOGIES. (b) Purpose.--The purpose of the Office is to advance mid-stage and late-stage innovation, development, demonstration, and commercialization of clean energy technologies, in accordance with regional capabilities and market needs, in order to further regional net-zero greenhouse gas emissions pathways. (c) Director.--The Office shall be headed by a Director who shall be appointed by the President, with the advice and consent of the Senate, and shall report to the Secretary. (e) Program To Designate and Support REIDIs.-- (1) In general.--The Director shall establish and carry out a program to designate, and provide financial assistance and other support to, Regional Energy Innovation and Development Institutes in accordance with this subsection. (4) Cost share.--The Federal share of the cost of any activity carried out by a Regional Energy Innovation and Development Institute shall be not more than 50 percent. (g) Authorization of Appropriations.--There is authorized to be appropriated, for each of fiscal years 2023 through 2027, $150,000,000 to carry out this section, of which not more than $25,000,000 shall be for the administrative expenses of the Office each fiscal year.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. DEFINITIONS. 17381)), including integration of renewable energy sources and distributed generation, demand response, demand side management, and systems analysis; (E) produces an advanced or sustainable material with clean energy or energy efficiency applications; or (F) improves energy efficiency for transportation, including electric vehicles. (4) National laboratory.--The term ``National Laboratory'' has the meaning given such term in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. (6) Regional energy innovation and development institute or reidi.--The term ``Regional Energy Innovation and Development Institute'' or ``REIDI'' means a partnership-- (A) of at least 2 eligible entities; and (B) that is designated by the Director under the program established under section 3(e). SEC. OFFICE OF ADVANCED CLEAN ENERGY TECHNOLOGIES. (b) Purpose.--The purpose of the Office is to advance mid-stage and late-stage innovation, development, demonstration, and commercialization of clean energy technologies, in accordance with regional capabilities and market needs, in order to further regional net-zero greenhouse gas emissions pathways. (c) Director.--The Office shall be headed by a Director who shall be appointed by the President, with the advice and consent of the Senate, and shall report to the Secretary. (e) Program To Designate and Support REIDIs.-- (1) In general.--The Director shall establish and carry out a program to designate, and provide financial assistance and other support to, Regional Energy Innovation and Development Institutes in accordance with this subsection. (4) Cost share.--The Federal share of the cost of any activity carried out by a Regional Energy Innovation and Development Institute shall be not more than 50 percent. (g) Authorization of Appropriations.--There is authorized to be appropriated, for each of fiscal years 2023 through 2027, $150,000,000 to carry out this section, of which not more than $25,000,000 shall be for the administrative expenses of the Office each fiscal year.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. DEFINITIONS. 918c)); (B) more efficiently transmits, distributes, or stores energy; (C) enhances energy efficiency for buildings, manufacturing processes, and industry, including combined heat and power; (D) enables the development of a Smart Grid (as described in section 1301 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381)), including integration of renewable energy sources and distributed generation, demand response, demand side management, and systems analysis; (E) produces an advanced or sustainable material with clean energy or energy efficiency applications; or (F) improves energy efficiency for transportation, including electric vehicles. (3) Eligible entity.--The term ``eligible entity'' means a State, a unit of local government, a Tribal government, an institution of higher education, a business, a National Laboratory, a labor organization, and any other entity the Secretary determines appropriate. (4) National laboratory.--The term ``National Laboratory'' has the meaning given such term in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. (6) Regional energy innovation and development institute or reidi.--The term ``Regional Energy Innovation and Development Institute'' or ``REIDI'' means a partnership-- (A) of at least 2 eligible entities; and (B) that is designated by the Director under the program established under section 3(e). SEC. OFFICE OF ADVANCED CLEAN ENERGY TECHNOLOGIES. (b) Purpose.--The purpose of the Office is to advance mid-stage and late-stage innovation, development, demonstration, and commercialization of clean energy technologies, in accordance with regional capabilities and market needs, in order to further regional net-zero greenhouse gas emissions pathways. (c) Director.--The Office shall be headed by a Director who shall be appointed by the President, with the advice and consent of the Senate, and shall report to the Secretary. (e) Program To Designate and Support REIDIs.-- (1) In general.--The Director shall establish and carry out a program to designate, and provide financial assistance and other support to, Regional Energy Innovation and Development Institutes in accordance with this subsection. (4) Cost share.--The Federal share of the cost of any activity carried out by a Regional Energy Innovation and Development Institute shall be not more than 50 percent. (5) Applications.--To apply for designation as a Regional Energy Innovation and Development Institute, and for financial and other assistance, under the program established under paragraph (1), a partnership of eligible entities shall submit an application to the Director that includes-- (A) a description of the eligible entities in the partnership; (B) a description of the geographical region that will be represented by the Regional Energy Innovation and Development Institute; (C) a plan for and description of the activities to be carried out by the Regional Energy Innovation and Development Institute with Federal funds, including a description of how such activities will-- (i) align with State, local, regional, and Tribal policies; (ii) contribute to job creation; (iii) contribute to regional net-zero greenhouse gas emissions pathways and reductions in greenhouse gas emissions; and (iv) address market need in deployment, and increase market competitiveness, of clean energy technologies; (D) a description of the clean energy sectors that will be served by the Regional Energy Innovation and Development Institute, and how such sectors were identified in relation to regional market needs; (E) a description of the non-Federal funding sources to be utilized in carrying out the activities of the Regional Energy Innovation and Development Institute; and (F) such other information as the Director may require. (g) Authorization of Appropriations.--There is authorized to be appropriated, for each of fiscal years 2023 through 2027, $150,000,000 to carry out this section, of which not more than $25,000,000 shall be for the administrative expenses of the Office each fiscal year.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. DEFINITIONS. In this Act: (1) Clean energy technology.--The term ``clean energy technology'' means a technology, production process, or methodology that-- (A) produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or another renewable energy source (as defined in section 609 of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c)); (B) more efficiently transmits, distributes, or stores energy; (C) enhances energy efficiency for buildings, manufacturing processes, and industry, including combined heat and power; (D) enables the development of a Smart Grid (as described in section 1301 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381)), including integration of renewable energy sources and distributed generation, demand response, demand side management, and systems analysis; (E) produces an advanced or sustainable material with clean energy or energy efficiency applications; or (F) improves energy efficiency for transportation, including electric vehicles. (3) Eligible entity.--The term ``eligible entity'' means a State, a unit of local government, a Tribal government, an institution of higher education, a business, a National Laboratory, a labor organization, and any other entity the Secretary determines appropriate. (4) National laboratory.--The term ``National Laboratory'' has the meaning given such term in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)). (6) Regional energy innovation and development institute or reidi.--The term ``Regional Energy Innovation and Development Institute'' or ``REIDI'' means a partnership-- (A) of at least 2 eligible entities; and (B) that is designated by the Director under the program established under section 3(e). SEC. OFFICE OF ADVANCED CLEAN ENERGY TECHNOLOGIES. (b) Purpose.--The purpose of the Office is to advance mid-stage and late-stage innovation, development, demonstration, and commercialization of clean energy technologies, in accordance with regional capabilities and market needs, in order to further regional net-zero greenhouse gas emissions pathways. (c) Director.--The Office shall be headed by a Director who shall be appointed by the President, with the advice and consent of the Senate, and shall report to the Secretary. (d) Duties.--The duties of the Director shall include-- (1) assessing regional capabilities to develop and utilize, and market needs for, clean energy technologies; (2) analyzing region-specific pathways to decarbonization and net-zero greenhouse gas emissions to inform the designation of Regional Energy Innovation and Development Institutes; (3) establishing and carrying out the program described in subsection (e); (4) establishing and maintaining a staff with sufficient qualifications and expertise to enable the Office to carry out its duties in conjunction with other operations of the Department of Energy; and (5) coordinating with National Laboratories and other Federal agencies, offices, and programs, including the Economic Development Administration, to avoid duplication of effort and to work together to address gaps in mid-stage and late-stage innovation, demonstration, deployment, and commercialization of clean energy technologies. (e) Program To Designate and Support REIDIs.-- (1) In general.--The Director shall establish and carry out a program to designate, and provide financial assistance and other support to, Regional Energy Innovation and Development Institutes in accordance with this subsection. (4) Cost share.--The Federal share of the cost of any activity carried out by a Regional Energy Innovation and Development Institute shall be not more than 50 percent. (5) Applications.--To apply for designation as a Regional Energy Innovation and Development Institute, and for financial and other assistance, under the program established under paragraph (1), a partnership of eligible entities shall submit an application to the Director that includes-- (A) a description of the eligible entities in the partnership; (B) a description of the geographical region that will be represented by the Regional Energy Innovation and Development Institute; (C) a plan for and description of the activities to be carried out by the Regional Energy Innovation and Development Institute with Federal funds, including a description of how such activities will-- (i) align with State, local, regional, and Tribal policies; (ii) contribute to job creation; (iii) contribute to regional net-zero greenhouse gas emissions pathways and reductions in greenhouse gas emissions; and (iv) address market need in deployment, and increase market competitiveness, of clean energy technologies; (D) a description of the clean energy sectors that will be served by the Regional Energy Innovation and Development Institute, and how such sectors were identified in relation to regional market needs; (E) a description of the non-Federal funding sources to be utilized in carrying out the activities of the Regional Energy Innovation and Development Institute; and (F) such other information as the Director may require. (g) Authorization of Appropriations.--There is authorized to be appropriated, for each of fiscal years 2023 through 2027, $150,000,000 to carry out this section, of which not more than $25,000,000 shall be for the administrative expenses of the Office each fiscal year.

To direct the Secretary of Energy to establish an Office of Advanced Clean Energy Technologies to manage a network of Regional Energy Innovation and Development Institutes to advance clean energy technologies, and for other purposes. 2) Director.--The term ``Director'' means the Director of the Office of Advanced Clean Energy Technologies. (3) Eligible entity.--The term ``eligible entity'' means a State, a unit of local government, a Tribal government, an institution of higher education, a business, a National Laboratory, a labor organization, and any other entity the Secretary determines appropriate. ( 6) Regional energy innovation and development institute or reidi.--The term ``Regional Energy Innovation and Development Institute'' or ``REIDI'' means a partnership-- (A) of at least 2 eligible entities; and (B) that is designated by the Director under the program established under section 3(e). ( e) Program To Designate and Support REIDIs.-- (1) In general.--The Director shall establish and carry out a program to designate, and provide financial assistance and other support to, Regional Energy Innovation and Development Institutes in accordance with this subsection. 4) Cost share.--The Federal share of the cost of any activity carried out by a Regional Energy Innovation and Development Institute shall be not more than 50 percent. (f) Reports and Plan.-- (1) Annual report.--The Director shall annually submit to Congress, as part of the Department of Energy's annual budget submitted for a fiscal year, a report describing activities conducted by each Regional Energy Innovation and Development Institute during the previous fiscal year. ( g) Authorization of Appropriations.--There is authorized to be appropriated, for each of fiscal years 2023 through 2027, $150,000,000 to carry out this section, of which not more than $25,000,000 shall be for the administrative expenses of the Office each fiscal year.

To direct the Secretary of Energy to establish an Office of Advanced Clean Energy Technologies to manage a network of Regional Energy Innovation and Development Institutes to advance clean energy technologies, and for other purposes. 6) Regional energy innovation and development institute or reidi.--The term ``Regional Energy Innovation and Development Institute'' or ``REIDI'' means a partnership-- (A) of at least 2 eligible entities; and (B) that is designated by the Director under the program established under section 3(e). (7) Secretary.--The term ``Secretary'' means the Secretary of Energy. e) Program To Designate and Support REIDIs.-- (1) In general.--The Director shall establish and carry out a program to designate, and provide financial assistance and other support to, Regional Energy Innovation and Development Institutes in accordance with this subsection. 4) Cost share.--The Federal share of the cost of any activity carried out by a Regional Energy Innovation and Development Institute shall be not more than 50 percent. f) Reports and Plan.-- (1) Annual report.--The Director shall annually submit to Congress, as part of the Department of Energy's annual budget submitted for a fiscal year, a report describing activities conducted by each Regional Energy Innovation and Development Institute during the previous fiscal year. ( 2) Strategic plan.--Not later than one year after the date of enactment of this Act, and at least once every 5 years thereafter, the Director shall submit to Congress a strategic plan for the Office for the following 5 years that includes a plan for how the Office will advance mid-stage and late-stage innovation, development, demonstration, and commercialization of clean energy technologies, in accordance with regional capabilities and market needs, in order to further regional net-zero greenhouse gas emissions pathways. (g) Authorization of Appropriations.--There is authorized to be appropriated, for each of fiscal years 2023 through 2027, $150,000,000 to carry out this section, of which not more than $25,000,000 shall be for the administrative expenses of the Office each fiscal year.

To direct the Secretary of Energy to establish an Office of Advanced Clean Energy Technologies to manage a network of Regional Energy Innovation and Development Institutes to advance clean energy technologies, and for other purposes. 6) Regional energy innovation and development institute or reidi.--The term ``Regional Energy Innovation and Development Institute'' or ``REIDI'' means a partnership-- (A) of at least 2 eligible entities; and (B) that is designated by the Director under the program established under section 3(e). (7) Secretary.--The term ``Secretary'' means the Secretary of Energy. e) Program To Designate and Support REIDIs.-- (1) In general.--The Director shall establish and carry out a program to designate, and provide financial assistance and other support to, Regional Energy Innovation and Development Institutes in accordance with this subsection. 4) Cost share.--The Federal share of the cost of any activity carried out by a Regional Energy Innovation and Development Institute shall be not more than 50 percent. f) Reports and Plan.-- (1) Annual report.--The Director shall annually submit to Congress, as part of the Department of Energy's annual budget submitted for a fiscal year, a report describing activities conducted by each Regional Energy Innovation and Development Institute during the previous fiscal year. ( 2) Strategic plan.--Not later than one year after the date of enactment of this Act, and at least once every 5 years thereafter, the Director shall submit to Congress a strategic plan for the Office for the following 5 years that includes a plan for how the Office will advance mid-stage and late-stage innovation, development, demonstration, and commercialization of clean energy technologies, in accordance with regional capabilities and market needs, in order to further regional net-zero greenhouse gas emissions pathways. (g) Authorization of Appropriations.--There is authorized to be appropriated, for each of fiscal years 2023 through 2027, $150,000,000 to carry out this section, of which not more than $25,000,000 shall be for the administrative expenses of the Office each fiscal year.

To direct the Secretary of Energy to establish an Office of Advanced Clean Energy Technologies to manage a network of Regional Energy Innovation and Development Institutes to advance clean energy technologies, and for other purposes. 2) Director.--The term ``Director'' means the Director of the Office of Advanced Clean Energy Technologies. (3) Eligible entity.--The term ``eligible entity'' means a State, a unit of local government, a Tribal government, an institution of higher education, a business, a National Laboratory, a labor organization, and any other entity the Secretary determines appropriate. ( 6) Regional energy innovation and development institute or reidi.--The term ``Regional Energy Innovation and Development Institute'' or ``REIDI'' means a partnership-- (A) of at least 2 eligible entities; and (B) that is designated by the Director under the program established under section 3(e). ( e) Program To Designate and Support REIDIs.-- (1) In general.--The Director shall establish and carry out a program to designate, and provide financial assistance and other support to, Regional Energy Innovation and Development Institutes in accordance with this subsection. 4) Cost share.--The Federal share of the cost of any activity carried out by a Regional Energy Innovation and Development Institute shall be not more than 50 percent. (f) Reports and Plan.-- (1) Annual report.--The Director shall annually submit to Congress, as part of the Department of Energy's annual budget submitted for a fiscal year, a report describing activities conducted by each Regional Energy Innovation and Development Institute during the previous fiscal year. ( g) Authorization of Appropriations.--There is authorized to be appropriated, for each of fiscal years 2023 through 2027, $150,000,000 to carry out this section, of which not more than $25,000,000 shall be for the administrative expenses of the Office each fiscal year.

To direct the Secretary of Energy to establish an Office of Advanced Clean Energy Technologies to manage a network of Regional Energy Innovation and Development Institutes to advance clean energy technologies, and for other purposes. 6) Regional energy innovation and development institute or reidi.--The term ``Regional Energy Innovation and Development Institute'' or ``REIDI'' means a partnership-- (A) of at least 2 eligible entities; and (B) that is designated by the Director under the program established under section 3(e). (7) Secretary.--The term ``Secretary'' means the Secretary of Energy. e) Program To Designate and Support REIDIs.-- (1) In general.--The Director shall establish and carry out a program to designate, and provide financial assistance and other support to, Regional Energy Innovation and Development Institutes in accordance with this subsection. 4) Cost share.--The Federal share of the cost of any activity carried out by a Regional Energy Innovation and Development Institute shall be not more than 50 percent. f) Reports and Plan.-- (1) Annual report.--The Director shall annually submit to Congress, as part of the Department of Energy's annual budget submitted for a fiscal year, a report describing activities conducted by each Regional Energy Innovation and Development Institute during the previous fiscal year. ( 2) Strategic plan.--Not later than one year after the date of enactment of this Act, and at least once every 5 years thereafter, the Director shall submit to Congress a strategic plan for the Office for the following 5 years that includes a plan for how the Office will advance mid-stage and late-stage innovation, development, demonstration, and commercialization of clean energy technologies, in accordance with regional capabilities and market needs, in order to further regional net-zero greenhouse gas emissions pathways. (g) Authorization of Appropriations.--There is authorized to be appropriated, for each of fiscal years 2023 through 2027, $150,000,000 to carry out this section, of which not more than $25,000,000 shall be for the administrative expenses of the Office each fiscal year.

To direct the Secretary of Energy to establish an Office of Advanced Clean Energy Technologies to manage a network of Regional Energy Innovation and Development Institutes to advance clean energy technologies, and for other purposes. 2) Director.--The term ``Director'' means the Director of the Office of Advanced Clean Energy Technologies. (3) Eligible entity.--The term ``eligible entity'' means a State, a unit of local government, a Tribal government, an institution of higher education, a business, a National Laboratory, a labor organization, and any other entity the Secretary determines appropriate. ( 6) Regional energy innovation and development institute or reidi.--The term ``Regional Energy Innovation and Development Institute'' or ``REIDI'' means a partnership-- (A) of at least 2 eligible entities; and (B) that is designated by the Director under the program established under section 3(e). ( e) Program To Designate and Support REIDIs.-- (1) In general.--The Director shall establish and carry out a program to designate, and provide financial assistance and other support to, Regional Energy Innovation and Development Institutes in accordance with this subsection. 4) Cost share.--The Federal share of the cost of any activity carried out by a Regional Energy Innovation and Development Institute shall be not more than 50 percent. (f) Reports and Plan.-- (1) Annual report.--The Director shall annually submit to Congress, as part of the Department of Energy's annual budget submitted for a fiscal year, a report describing activities conducted by each Regional Energy Innovation and Development Institute during the previous fiscal year. ( g) Authorization of Appropriations.--There is authorized to be appropriated, for each of fiscal years 2023 through 2027, $150,000,000 to carry out this section, of which not more than $25,000,000 shall be for the administrative expenses of the Office each fiscal year.

To direct the Secretary of Energy to establish an Office of Advanced Clean Energy Technologies to manage a network of Regional Energy Innovation and Development Institutes to advance clean energy technologies, and for other purposes. 6) Regional energy innovation and development institute or reidi.--The term ``Regional Energy Innovation and Development Institute'' or ``REIDI'' means a partnership-- (A) of at least 2 eligible entities; and (B) that is designated by the Director under the program established under section 3(e). (7) Secretary.--The term ``Secretary'' means the Secretary of Energy. e) Program To Designate and Support REIDIs.-- (1) In general.--The Director shall establish and carry out a program to designate, and provide financial assistance and other support to, Regional Energy Innovation and Development Institutes in accordance with this subsection. 4) Cost share.--The Federal share of the cost of any activity carried out by a Regional Energy Innovation and Development Institute shall be not more than 50 percent. f) Reports and Plan.-- (1) Annual report.--The Director shall annually submit to Congress, as part of the Department of Energy's annual budget submitted for a fiscal year, a report describing activities conducted by each Regional Energy Innovation and Development Institute during the previous fiscal year. ( 2) Strategic plan.--Not later than one year after the date of enactment of this Act, and at least once every 5 years thereafter, the Director shall submit to Congress a strategic plan for the Office for the following 5 years that includes a plan for how the Office will advance mid-stage and late-stage innovation, development, demonstration, and commercialization of clean energy technologies, in accordance with regional capabilities and market needs, in order to further regional net-zero greenhouse gas emissions pathways. (g) Authorization of Appropriations.--There is authorized to be appropriated, for each of fiscal years 2023 through 2027, $150,000,000 to carry out this section, of which not more than $25,000,000 shall be for the administrative expenses of the Office each fiscal year.

To direct the Secretary of Energy to establish an Office of Advanced Clean Energy Technologies to manage a network of Regional Energy Innovation and Development Institutes to advance clean energy technologies, and for other purposes. 2) Director.--The term ``Director'' means the Director of the Office of Advanced Clean Energy Technologies. (3) Eligible entity.--The term ``eligible entity'' means a State, a unit of local government, a Tribal government, an institution of higher education, a business, a National Laboratory, a labor organization, and any other entity the Secretary determines appropriate. ( 6) Regional energy innovation and development institute or reidi.--The term ``Regional Energy Innovation and Development Institute'' or ``REIDI'' means a partnership-- (A) of at least 2 eligible entities; and (B) that is designated by the Director under the program established under section 3(e). ( e) Program To Designate and Support REIDIs.-- (1) In general.--The Director shall establish and carry out a program to designate, and provide financial assistance and other support to, Regional Energy Innovation and Development Institutes in accordance with this subsection. 4) Cost share.--The Federal share of the cost of any activity carried out by a Regional Energy Innovation and Development Institute shall be not more than 50 percent. (f) Reports and Plan.-- (1) Annual report.--The Director shall annually submit to Congress, as part of the Department of Energy's annual budget submitted for a fiscal year, a report describing activities conducted by each Regional Energy Innovation and Development Institute during the previous fiscal year. ( g) Authorization of Appropriations.--There is authorized to be appropriated, for each of fiscal years 2023 through 2027, $150,000,000 to carry out this section, of which not more than $25,000,000 shall be for the administrative expenses of the Office each fiscal year.

To direct the Secretary of Energy to establish an Office of Advanced Clean Energy Technologies to manage a network of Regional Energy Innovation and Development Institutes to advance clean energy technologies, and for other purposes. 6) Regional energy innovation and development institute or reidi.--The term ``Regional Energy Innovation and Development Institute'' or ``REIDI'' means a partnership-- (A) of at least 2 eligible entities; and (B) that is designated by the Director under the program established under section 3(e). (7) Secretary.--The term ``Secretary'' means the Secretary of Energy. e) Program To Designate and Support REIDIs.-- (1) In general.--The Director shall establish and carry out a program to designate, and provide financial assistance and other support to, Regional Energy Innovation and Development Institutes in accordance with this subsection. 4) Cost share.--The Federal share of the cost of any activity carried out by a Regional Energy Innovation and Development Institute shall be not more than 50 percent. f) Reports and Plan.-- (1) Annual report.--The Director shall annually submit to Congress, as part of the Department of Energy's annual budget submitted for a fiscal year, a report describing activities conducted by each Regional Energy Innovation and Development Institute during the previous fiscal year. ( 2) Strategic plan.--Not later than one year after the date of enactment of this Act, and at least once every 5 years thereafter, the Director shall submit to Congress a strategic plan for the Office for the following 5 years that includes a plan for how the Office will advance mid-stage and late-stage innovation, development, demonstration, and commercialization of clean energy technologies, in accordance with regional capabilities and market needs, in order to further regional net-zero greenhouse gas emissions pathways. (g) Authorization of Appropriations.--There is authorized to be appropriated, for each of fiscal years 2023 through 2027, $150,000,000 to carry out this section, of which not more than $25,000,000 shall be for the administrative expenses of the Office each fiscal year.

To direct the Secretary of Energy to establish an Office of Advanced Clean Energy Technologies to manage a network of Regional Energy Innovation and Development Institutes to advance clean energy technologies, and for other purposes. 2) Director.--The term ``Director'' means the Director of the Office of Advanced Clean Energy Technologies. (3) Eligible entity.--The term ``eligible entity'' means a State, a unit of local government, a Tribal government, an institution of higher education, a business, a National Laboratory, a labor organization, and any other entity the Secretary determines appropriate. ( 6) Regional energy innovation and development institute or reidi.--The term ``Regional Energy Innovation and Development Institute'' or ``REIDI'' means a partnership-- (A) of at least 2 eligible entities; and (B) that is designated by the Director under the program established under section 3(e). ( e) Program To Designate and Support REIDIs.-- (1) In general.--The Director shall establish and carry out a program to designate, and provide financial assistance and other support to, Regional Energy Innovation and Development Institutes in accordance with this subsection. 4) Cost share.--The Federal share of the cost of any activity carried out by a Regional Energy Innovation and Development Institute shall be not more than 50 percent. (f) Reports and Plan.-- (1) Annual report.--The Director shall annually submit to Congress, as part of the Department of Energy's annual budget submitted for a fiscal year, a report describing activities conducted by each Regional Energy Innovation and Development Institute during the previous fiscal year. ( g) Authorization of Appropriations.--There is authorized to be appropriated, for each of fiscal years 2023 through 2027, $150,000,000 to carry out this section, of which not more than $25,000,000 shall be for the administrative expenses of the Office each fiscal year.

Regional Clean Energy Innovation Act - Directs the Secretary of Energy to establish an Office of Advanced Clean Energy Technologies within the Department of Energy (DOE) to manage a network of Regional Energy Innovation and Development Institutes to advance clean energy technologies, and for other purposes. (Sec. 3) Directs DOE to establish a program to designate eligible entities as Regional Energy Innovative Development Institutes Directs the Director of the Office of Science and Technology to submit to Congress a strategic plan for the Office for the following five years that includes a plan for how the Office will advance mid-stage and late-stage innovation, development, demonstration, and commercialization of clean energy technologies, in accordance with regional capabilities and market needs, in order to further regional net-zero greenhouse gas emissions

H.R.4721

International Affairs

UNRWA Accountability and Transparency Act This bill makes changes to U.S. foreign policy in matters concerning the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). For purposes of this policy, the bill defines Palestinian refugee as a person who (1) resided from June 1946 to May 1948 in Mandatory Palestine (a region controlled by Britain until 1948), (2) was personally displaced as a result of the 1948 Arab-Israeli conflict, and (3) has not accepted citizenship or other permanent adjustment in status in another country. The bill withholds U.S. funding for the UNRWA unless the Department of State makes certifications concerning the UNRWA's staff, partners, and funding. Specifically, the State Department must certify that neither UNRWA staff and partners nor its funding and facilities are affiliated with terrorism or engaged in the dissemination of anti-American, anti-Israel, or anti-Semitic ideologies. Additionally, the State Department must certify that the UNRWA is subject to comprehensive financial audits by an independent auditing firm and is unaffiliated with any financial institutions that the United States considers to be complicit in money laundering or terror financing. The bill also requires the State Department to implement a plan to encourage other countries to align their activities and efforts regarding the UNRWA with U.S. policy objectives, including the phase out of the UNRWA by resettling Palestinian refugees in countries other than Israel and in territories not controlled by Israel. The State Department must report to Congress on this plan.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``UNRWA Accountability and Transparency Act''. SEC. 2. STATEMENT OF POLICY. (a) Palestinian Refugee Defined.--It shall be the policy of the United States, in matters concerning the United Nations Relief and Works Agency for Palestine Refugees in the Near East (referred to in this Act as ``UNRWA''), which operates in Syria, Lebanon, Jordan, the Gaza Strip, and the West Bank, to define a Palestinian refugee as a person who-- (1) resided, between June 1946 and May 1948, in the region controlled by Britain between 1922 and 1948 that was known as Mandatory Palestine; (2) was personally displaced as a result of the 1948 Arab- Israeli conflict; and (3) has not accepted an offer of legal residency status, citizenship, or other permanent adjustment in status in another country or territory. (b) Limitations on Refugee and Derivative Refugee Status.--In applying the definition under subsection (a) with respect to refugees receiving assistance from UNRWA, it shall be the policy of the United States, consistent with the definition of refugee in section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 1157), that-- (1) derivative refugee status may only be extended to the spouse or a minor child of a Palestinian refugee; and (2) an alien who is firmly resettled in any country is not eligible to retain refugee status. SEC. 3. UNITED STATES CONTRIBUTIONS TO UNRWA. Section 301(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of antisemitism; and ``(ii) includes the contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Relations of the Senate; ``(ii) the Committee on Appropriations of the Senate; ``(iii) the Committee on Foreign Affairs of the House of Representatives; and ``(iv) the Committee on Appropriations of the House of Representatives. ``(C) Boycott of, divestment from, and sanctions against israel.--The term `boycott of, divestment from, and sanctions against Israel' has the meaning given to such term in section 909(f)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4452(f)(1)). ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(2) Certification.--Notwithstanding any other provision of law, the United States may not provide contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) unless the Secretary of State submits a written certification to the appropriate congressional committees that-- ``(A) no official, employee, consultant, contractor, subcontractor, representative, affiliate of UNRWA, an UNRWA partner organization, or an UNRWA contracting entity pursuant to completion of a thorough vetting and background check process-- ``(i) is a member of, is affiliated with, or has any ties to a foreign terrorist organization, including Hamas and Hezbollah; ``(ii) has advocated, planned, sponsored, or engaged in any terrorist activity; ``(iii) has propagated or disseminated anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including-- ``(I) calling for or encouraging the destruction of Israel; ``(II) failing to recognize Israel's right to exist; ``(III) showing maps without Israel; ``(IV) describing Israelis as `occupiers' or `settlers'; ``(V) advocating, endorsing, or expressing support for violence, hatred, jihad, martyrdom, or terrorism, glorifying, honoring, or otherwise memorializing any person or group that has advocated, sponsored, or committed acts of terrorism, or providing material support to terrorists or their families; ``(VI) expressing support for boycott of, divestment from, and sanctions against Israel (commonly referred to as `BDS'); ``(VII) claiming or advocating for a `right of return' of refugees into Israel; ``(VIII) ignoring, denying, or not recognizing the historic connection of the Jewish people to the land of Israel; and ``(IX) calling for violence against Americans; or ``(iv) has used any UNRWA resources, including publications, websites, or social media platforms, to propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including with respect to any of the matters described in subclauses (I) through (IX) of clause (iii); ``(B) no UNRWA school, hospital, clinic, facility, or other infrastructure or resource is being used by a foreign terrorist organization or any member thereof-- ``(i) for terrorist activities, such as operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials; or ``(ii) as an access point to any underground tunnel network, or any other terrorist-related purposes; ``(C) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm that-- ``(i) is agreed upon by the Government of Israel and the Palestinian Authority; and ``(ii) has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by any foreign terrorist organization or members thereof; ``(D) no UNRWA controlled or funded facility, such as a school, an educational institution, or a summer camp, uses textbooks or other educational materials that propagate or disseminate anti-American, anti- Israel, or anti-Semitic rhetoric, incitement, or propaganda, including with respect to any of the matters described in subclauses (I) through (IX) of subparagraph (A)(iii); ``(E) no recipient of UNRWA funds or loans is-- ``(i) a member of, is affiliated with, or has any ties to a foreign terrorist organization; or ``(ii) otherwise engaged in terrorist activities; and ``(F) UNRWA holds no accounts or other affiliations with financial institutions that the United States considers or believes to be complicit in money laundering and terror financing. ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(B) Notification of renunciation.--If a certification becomes ineffective pursuant to subparagraph (A), the Secretary shall promptly notify the appropriate congressional committees of the reasons for renouncing or failing to renew such certification. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''. SEC. 4. REPORT. (a) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. (b) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees describing the actions being taken to implement a comprehensive plan for-- (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in section 2; (2) urging other countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961, as added by section 3; (3) working with other countries to phase out UNRWA and assist Palestinians receiving UNRWA services by-- (A) integrating such Palestinians into their local communities in the countries in which they are residing; or (B) resettling such Palestinians in countries other than Israel or territories controlled by Israel in the West Bank in accordance with international humanitarian principles; and (4) ensuring that the actions described in paragraph (3)-- (A) are being implemented in complete coordination with, and with the support of, Israel; and (B) do not endanger the security of Israel in any way. <all>

UNRWA Accountability and Transparency Act

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes.

UNRWA Accountability and Transparency Act

Rep. Roy, Chip

R

TX

This bill makes changes to U.S. foreign policy in matters concerning the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). For purposes of this policy, the bill defines Palestinian refugee as a person who (1) resided from June 1946 to May 1948 in Mandatory Palestine (a region controlled by Britain until 1948), (2) was personally displaced as a result of the 1948 Arab-Israeli conflict, and (3) has not accepted citizenship or other permanent adjustment in status in another country. The bill withholds U.S. funding for the UNRWA unless the Department of State makes certifications concerning the UNRWA's staff, partners, and funding. Specifically, the State Department must certify that neither UNRWA staff and partners nor its funding and facilities are affiliated with terrorism or engaged in the dissemination of anti-American, anti-Israel, or anti-Semitic ideologies. Additionally, the State Department must certify that the UNRWA is subject to comprehensive financial audits by an independent auditing firm and is unaffiliated with any financial institutions that the United States considers to be complicit in money laundering or terror financing. The bill also requires the State Department to implement a plan to encourage other countries to align their activities and efforts regarding the UNRWA with U.S. policy objectives, including the phase out of the UNRWA by resettling Palestinian refugees in countries other than Israel and in territories not controlled by Israel. The State Department must report to Congress on this plan.

2. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 3. UNITED STATES CONTRIBUTIONS TO UNRWA. 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of antisemitism; and ``(ii) includes the contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Relations of the Senate; ``(ii) the Committee on Appropriations of the Senate; ``(iii) the Committee on Foreign Affairs of the House of Representatives; and ``(iv) the Committee on Appropriations of the House of Representatives. 4452(f)(1)). ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(B) Notification of renunciation.--If a certification becomes ineffective pursuant to subparagraph (A), the Secretary shall promptly notify the appropriate congressional committees of the reasons for renouncing or failing to renew such certification. SEC. 4. (b) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees describing the actions being taken to implement a comprehensive plan for-- (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in section 2; (2) urging other countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961, as added by section 3; (3) working with other countries to phase out UNRWA and assist Palestinians receiving UNRWA services by-- (A) integrating such Palestinians into their local communities in the countries in which they are residing; or (B) resettling such Palestinians in countries other than Israel or territories controlled by Israel in the West Bank in accordance with international humanitarian principles; and (4) ensuring that the actions described in paragraph (3)-- (A) are being implemented in complete coordination with, and with the support of, Israel; and (B) do not endanger the security of Israel in any way.

2. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 3. UNITED STATES CONTRIBUTIONS TO UNRWA. ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Relations of the Senate; ``(ii) the Committee on Appropriations of the Senate; ``(iii) the Committee on Foreign Affairs of the House of Representatives; and ``(iv) the Committee on Appropriations of the House of Representatives. 4452(f)(1)). ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. SEC. 4. (b) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees describing the actions being taken to implement a comprehensive plan for-- (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in section 2; (2) urging other countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961, as added by section 3; (3) working with other countries to phase out UNRWA and assist Palestinians receiving UNRWA services by-- (A) integrating such Palestinians into their local communities in the countries in which they are residing; or (B) resettling such Palestinians in countries other than Israel or territories controlled by Israel in the West Bank in accordance with international humanitarian principles; and (4) ensuring that the actions described in paragraph (3)-- (A) are being implemented in complete coordination with, and with the support of, Israel; and (B) do not endanger the security of Israel in any way.

2. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 3. UNITED STATES CONTRIBUTIONS TO UNRWA. 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of antisemitism; and ``(ii) includes the contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Relations of the Senate; ``(ii) the Committee on Appropriations of the Senate; ``(iii) the Committee on Foreign Affairs of the House of Representatives; and ``(iv) the Committee on Appropriations of the House of Representatives. 4452(f)(1)). ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(B) Notification of renunciation.--If a certification becomes ineffective pursuant to subparagraph (A), the Secretary shall promptly notify the appropriate congressional committees of the reasons for renouncing or failing to renew such certification. SEC. 4. (b) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees describing the actions being taken to implement a comprehensive plan for-- (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in section 2; (2) urging other countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961, as added by section 3; (3) working with other countries to phase out UNRWA and assist Palestinians receiving UNRWA services by-- (A) integrating such Palestinians into their local communities in the countries in which they are residing; or (B) resettling such Palestinians in countries other than Israel or territories controlled by Israel in the West Bank in accordance with international humanitarian principles; and (4) ensuring that the actions described in paragraph (3)-- (A) are being implemented in complete coordination with, and with the support of, Israel; and (B) do not endanger the security of Israel in any way.

2. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 3. UNITED STATES CONTRIBUTIONS TO UNRWA. 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of antisemitism; and ``(ii) includes the contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Relations of the Senate; ``(ii) the Committee on Appropriations of the Senate; ``(iii) the Committee on Foreign Affairs of the House of Representatives; and ``(iv) the Committee on Appropriations of the House of Representatives. 4452(f)(1)). ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(B) Notification of renunciation.--If a certification becomes ineffective pursuant to subparagraph (A), the Secretary shall promptly notify the appropriate congressional committees of the reasons for renouncing or failing to renew such certification. SEC. 4. (b) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees describing the actions being taken to implement a comprehensive plan for-- (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in section 2; (2) urging other countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961, as added by section 3; (3) working with other countries to phase out UNRWA and assist Palestinians receiving UNRWA services by-- (A) integrating such Palestinians into their local communities in the countries in which they are residing; or (B) resettling such Palestinians in countries other than Israel or territories controlled by Israel in the West Bank in accordance with international humanitarian principles; and (4) ensuring that the actions described in paragraph (3)-- (A) are being implemented in complete coordination with, and with the support of, Israel; and (B) do not endanger the security of Israel in any way.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. b) Limitations on Refugee and Derivative Refugee Status.--In applying the definition under subsection (a) with respect to refugees receiving assistance from UNRWA, it shall be the policy of the United States, consistent with the definition of refugee in section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 1157), that-- (1) derivative refugee status may only be extended to the spouse or a minor child of a Palestinian refugee; and (2) an alien who is firmly resettled in any country is not eligible to retain refugee status. ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Relations of the Senate; ``(ii) the Committee on Appropriations of the Senate; ``(iii) the Committee on Foreign Affairs of the House of Representatives; and ``(iv) the Committee on Appropriations of the House of Representatives. ``(C) Boycott of, divestment from, and sanctions against israel.--The term `boycott of, divestment from, and sanctions against Israel' has the meaning given to such term in section 909(f)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4452(f)(1)). ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. STATEMENT OF POLICY. ( 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of antisemitism; and ``(ii) includes the contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. STATEMENT OF POLICY. ( 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of antisemitism; and ``(ii) includes the contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. b) Limitations on Refugee and Derivative Refugee Status.--In applying the definition under subsection (a) with respect to refugees receiving assistance from UNRWA, it shall be the policy of the United States, consistent with the definition of refugee in section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 1157), that-- (1) derivative refugee status may only be extended to the spouse or a minor child of a Palestinian refugee; and (2) an alien who is firmly resettled in any country is not eligible to retain refugee status. ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Relations of the Senate; ``(ii) the Committee on Appropriations of the Senate; ``(iii) the Committee on Foreign Affairs of the House of Representatives; and ``(iv) the Committee on Appropriations of the House of Representatives. ``(C) Boycott of, divestment from, and sanctions against israel.--The term `boycott of, divestment from, and sanctions against Israel' has the meaning given to such term in section 909(f)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4452(f)(1)). ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. STATEMENT OF POLICY. ( 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of antisemitism; and ``(ii) includes the contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. b) Limitations on Refugee and Derivative Refugee Status.--In applying the definition under subsection (a) with respect to refugees receiving assistance from UNRWA, it shall be the policy of the United States, consistent with the definition of refugee in section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 1157), that-- (1) derivative refugee status may only be extended to the spouse or a minor child of a Palestinian refugee; and (2) an alien who is firmly resettled in any country is not eligible to retain refugee status. ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Relations of the Senate; ``(ii) the Committee on Appropriations of the Senate; ``(iii) the Committee on Foreign Affairs of the House of Representatives; and ``(iv) the Committee on Appropriations of the House of Representatives. ``(C) Boycott of, divestment from, and sanctions against israel.--The term `boycott of, divestment from, and sanctions against Israel' has the meaning given to such term in section 909(f)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4452(f)(1)). ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. STATEMENT OF POLICY. ( 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of antisemitism; and ``(ii) includes the contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. b) Limitations on Refugee and Derivative Refugee Status.--In applying the definition under subsection (a) with respect to refugees receiving assistance from UNRWA, it shall be the policy of the United States, consistent with the definition of refugee in section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) and the requirements for eligibility for refugee status under section 207 of such Act (8 U.S.C. 1157), that-- (1) derivative refugee status may only be extended to the spouse or a minor child of a Palestinian refugee; and (2) an alien who is firmly resettled in any country is not eligible to retain refugee status. ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Relations of the Senate; ``(ii) the Committee on Appropriations of the Senate; ``(iii) the Committee on Foreign Affairs of the House of Representatives; and ``(iv) the Committee on Appropriations of the House of Representatives. ``(C) Boycott of, divestment from, and sanctions against israel.--The term `boycott of, divestment from, and sanctions against Israel' has the meaning given to such term in section 909(f)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4452(f)(1)). ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. STATEMENT OF POLICY. ( 2221) is amended to read as follows: ``(c) Withholding.-- ``(1) Definitions.--In this subsection: ``(A) Anti-semitic.--The term `anti-Semitic'-- ``(i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of antisemitism; and ``(ii) includes the contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. ``(D) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. ``(4) Limitation.--During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that-- ``(A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and ``(B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.''.

To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes. ``(B) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(i) the Committee on Foreign Relations of the Senate; ``(ii) the Committee on Appropriations of the Senate; ``(iii) the Committee on Foreign Affairs of the House of Representatives; and ``(iv) the Committee on Appropriations of the House of Representatives. ``(E) UNRWA.--The term `UNRWA' means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. ``(3) Period of effectiveness.-- ``(A) In general.--A certification described in paragraph (2) shall be effective until the earlier of-- ``(i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or ``(ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees.

UNRWA Accountability and Transparency Act This bill declares it to be U.S. policy to: (1) define a Palestinian refugee as a person who resided, between June 1946 and May 1948, in the region controlled by Britain between 1922 and 1948 that was known as Mandatory Palestine; (2) personally displaced as a result of the 1948 Arab- Israeli conflict; and (3) Prohibits the United States from providing contributions to the United Nations Relief and Works Agency (UNRWA) or to the regular budget of the U.N. unless the Secretary of State submits a written certification to the appropriate congressional committees that: (1) no official, employee, consultant, contractor, subcontractor, representative, affiliate of UNRWA, an UNRW Directs the Secretary of State to report annually to Congress on actions being taken to implement a comprehensive plan for: (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in this Act; (2) urging countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for support of UNR

S.1993

Government Operations and Politics

TSP Fiduciary Security Act This bill incorporates national security interests into management of the Thrift Savings Fund. Specifically, the bill requires fiduciaries that are responsible for managing the fund (i.e., the Federal Retirement Thrift Investment Board) to prevent fund investments and associated votes that harm the national security of the United States, including investments in entities on certain lists maintained by the Department of Defense and the Department of Commerce (e.g., Chinese military companies). The Department of Labor must issue implementing regulations that include these and other standards for compliance. Beginning January 1, 2025, fiduciaries may be held personally liable for monetary damages and may be assessed civil penalties for failing to meet these requirements.

To amend title 5, United States Code, to address the responsibilities of fiduciaries with respect to the Thrift Savings Fund, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``TSP Fiduciary Security Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Federal Retirement Thrift Investment Board has a fiduciary duty to manage the Thrift Savings Fund in the best interest of the beneficiaries of the Fund. (2) The principal beneficiaries of the Thrift Savings Fund are the civil servants of the United States, and members of the uniformed services, who are tasked with defending the national security of the United States. (3) The duty of the Federal Retirement Thrift Investment Board to manage the Thrift Savings Fund in the best interests of the beneficiaries of the Fund includes a duty not to harm the national security of the United States. SEC. 3. FIDUCIARY RESPONSIBILITIES WITH RESPECT TO THRIFT SAVINGS FUND. Section 8477 of title 5, United States Code, is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) to the maximum extent practicable, by preventing the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, from harming the national security of the United States.''; and (2) in subsection (e), by adding at the end the following: ``(9)(A) Notwithstanding any other provision of this subsection, no fiduciary shall be personally liable for any monetary damages, or be assessed any civil penalty, under this subsection with respect to a breach of the requirement under subsection (b)(1)(D). ``(B) Subparagraph (A) shall cease to have effect beginning on January 1, 2025.''. SEC. 4. REVIEW OF THRIFT SAVINGS FUND FOR COMPLIANCE WITH FIDUCIARY DUTIES. (a) In General.--Section 8477(f) of title 5, United States Code, is amended-- (1) by inserting ``(1)'' after ``(f)''; and (2) by adding at the end the following: ``(2)(A) Not later than 1 year after the date of enactment of this paragraph, the Secretary of Labor, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury, shall prescribe regulations to carry out subsection (b)(1)(D) with respect to each of the following: ``(i) The investments of the Thrift Savings Fund, which shall include the establishment of standards by which compliance with subsection (b)(1)(D) with respect to the investments of the Thrift Savings Fund (or portions thereof) shall be determined. ``(ii) The exercise of voting rights associated with the investments of the Thrift Savings Fund (or portions thereof). ``(B) The regulations prescribed under subparagraph (A)(ii) shall include-- ``(i) the establishment of a process by which the exercise of voting rights described in subparagraph (A)(ii) shall be reviewed by the Secretary of Labor, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury, for compliance with subsection (b)(1)(D) with respect to the exercise of those rights; and ``(ii) the establishment of standards by which compliance with subsection (b)(1)(D) with respect to the exercise of voting rights described in subparagraph (A)(ii) shall be determined, including the factors contributing to a determination that a covered vote would not comply with subsection (b)(1)(D). ``(C) For the purposes of any regulation prescribed under subparagraph (A), the Secretary of Labor shall presume that-- ``(i) an investment of the Thrift Savings Fund (or portions thereof) does not comply with subsection (b)(1)(D) if the investment invests in-- ``(I) an entity included on-- ``(aa) the list of Communist Chinese military companies maintained under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note); or ``(bb) the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations; or ``(II) a parent, subsidiary, or affiliate of, or an entity controlled by, an entity described in subclause (I); and ``(ii) an exercise of voting rights associated with any investments of the Thrift Savings Fund (or portions thereof) does not comply with subsection (b)(1)(D) if that exercise of voting rights is a covered vote with respect to a proposal that would-- ``(I) approve or ratify a transaction, including a transaction described in subparagraph (D)(ii)(I), that would cause, or would reasonably be expected to cause, an entity to which the covered vote applies to-- ``(aa) breach any contract with the Federal Government to which the entity is a party, and under which the consideration provided to the entity over the course of the entire contract is more than $10,000,000, if the entity has otherwise complied with all applicable laws and regulations in fulfilling the responsibilities of the entity with respect to the contract; ``(bb) significantly reduce the production of, or the capital expenditure or research and development expenditure with respect to, any-- ``(AA) industrial resources, critical technology items, or materials that are essential to the national defense (as those terms are defined in section 702 of the Defense Production Act of 1950 (50 U.S.C. 4552)); or ``(BB) emerging and foundational technology identified by the President under section 1758 of the Export Controls Act of 2018 (50 U.S.C. 4817); or ``(cc) outsource or substantially sell, whether to any affiliated entity or joint venture, or by contract, to any entity located in a covered country, any-- ``(AA) industrial resources, critical technology items, or materials that are essential to the national defense (as those terms are defined in section 702 of the Defense Production Act of 1950 (50 U.S.C. 4552)); or ``(BB) emerging and foundational technology identified by the President under section 1758 of the Export Controls Act of 2018 (50 U.S.C. 4817); or ``(II) elect to the board of directors of any entity an individual who-- ``(aa) is a director, officer, employee, or affiliate of any entity described in clause (i)(I); ``(bb) at any time during the 5-year period preceding the date on which that election occurs, was as described in item (aa); or ``(cc) a reasonable investor would believe supports any proposal described in subclause (I). ``(D) In this paragraph-- ``(i) the term `covered country' means-- ``(I) the People's Republic of China, the Russian Federation, North Korea, Iran, Syria, Sudan, Venezuela, and Cuba; ``(II) any country, the government of which the Secretary of State determines has provided support for international terrorism pursuant to-- ``(aa) section 1754(c)(1)(A) of the Export Controls Act of 2018 (50 U.S.C. 4813(c)(1)(A)); ``(bb) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); ``(cc) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or ``(dd) any other provision of law; and ``(III) any other country that the Secretary of Labor, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury, designates as posing an undue or unnecessary risk to the national security of the United States; and ``(ii) the term `covered vote' means a vote in favor of (or an abstention with respect to) a proposal to-- ``(I) approve or ratify a transaction involving an entity, including-- ``(aa) any sale of, or other disposition of (whether in a single or a series of transactions) assets or capital stock; and ``(bb) any merger, consolidation, joint venture, partnership, spin-off, reverse spin- off, dissolution, restructuring, recapitalization, liquidation, or any other business combination or strategic transaction; or ``(II) elect an individual to the board of directors of the entity that is the subject of the proposal.''. (b) Review of Exercise of Voting Rights; Report to Congress.-- Section 8438 of title 5, United States Code, is amended-- (1) in subsection (f)-- (A) by inserting ``(1)'' after ``(f)''; and (B) by adding at the end the following: ``(2) For the purposes of paragraph (1), a review of the exercise of voting rights for compliance with section 8477(b)(1)(D), including under the regulations prescribed under section 8477(f)(2), shall not be considered to be the exercise of voting rights associated with the ownership of securities by the Thrift Savings Fund.''; and (2) by adding at the end the following: ``(i) Not later than 2 years after the date of enactment of this subsection, and annually thereafter, the Secretary of Labor shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report regarding-- ``(1) for the year covered by the report, the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, that have been reviewed for compliance with section 8477(b)(1)(D); and ``(2) the outcome with respect to enforcement of each review conducted under paragraph (1) and a justification for that outcome.''. <all>

TSP Fiduciary Security Act

A bill to amend title 5, United States Code, to address the responsibilities of fiduciaries with respect to the Thrift Savings Fund, and for other purposes.

TSP Fiduciary Security Act

Sen. Rubio, Marco

R

FL

This bill incorporates national security interests into management of the Thrift Savings Fund. Specifically, the bill requires fiduciaries that are responsible for managing the fund (i.e., the Federal Retirement Thrift Investment Board) to prevent fund investments and associated votes that harm the national security of the United States, including investments in entities on certain lists maintained by the Department of Defense and the Department of Commerce (e.g., Chinese military companies). The Department of Labor must issue implementing regulations that include these and other standards for compliance. Beginning January 1, 2025, fiduciaries may be held personally liable for monetary damages and may be assessed civil penalties for failing to meet these 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. FINDINGS. (3) The duty of the Federal Retirement Thrift Investment Board to manage the Thrift Savings Fund in the best interests of the beneficiaries of the Fund includes a duty not to harm the national security of the United States. FIDUCIARY RESPONSIBILITIES WITH RESPECT TO THRIFT SAVINGS FUND. SEC. ``(ii) The exercise of voting rights associated with the investments of the Thrift Savings Fund (or portions thereof). ``(B) The regulations prescribed under subparagraph (A)(ii) shall include-- ``(i) the establishment of a process by which the exercise of voting rights described in subparagraph (A)(ii) shall be reviewed by the Secretary of Labor, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury, for compliance with subsection (b)(1)(D) with respect to the exercise of those rights; and ``(ii) the establishment of standards by which compliance with subsection (b)(1)(D) with respect to the exercise of voting rights described in subparagraph (A)(ii) shall be determined, including the factors contributing to a determination that a covered vote would not comply with subsection (b)(1)(D). 1701 note); or ``(bb) the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4817); or ``(cc) outsource or substantially sell, whether to any affiliated entity or joint venture, or by contract, to any entity located in a covered country, any-- ``(AA) industrial resources, critical technology items, or materials that are essential to the national defense (as those terms are defined in section 702 of the Defense Production Act of 1950 (50 U.S.C. 4552)); or ``(BB) emerging and foundational technology identified by the President under section 1758 of the Export Controls Act of 2018 (50 U.S.C. 4817); or ``(II) elect to the board of directors of any entity an individual who-- ``(aa) is a director, officer, employee, or affiliate of any entity described in clause (i)(I); ``(bb) at any time during the 5-year period preceding the date on which that election occurs, was as described in item (aa); or ``(cc) a reasonable investor would believe supports any proposal described in subclause (I). 2371); ``(cc) section 40 of the Arms Export Control Act (22 U.S.C. (b) Review of Exercise of Voting Rights; Report to Congress.-- Section 8438 of title 5, United States Code, is amended-- (1) in subsection (f)-- (A) by inserting ``(1)'' after ``(f)''; and (B) by adding at the end the following: ``(2) For the purposes of paragraph (1), a review of the exercise of voting rights for compliance with section 8477(b)(1)(D), including under the regulations prescribed under section 8477(f)(2), shall not be considered to be the exercise of voting rights associated with the ownership of securities by the Thrift Savings Fund.

SHORT TITLE. 2. (3) The duty of the Federal Retirement Thrift Investment Board to manage the Thrift Savings Fund in the best interests of the beneficiaries of the Fund includes a duty not to harm the national security of the United States. FIDUCIARY RESPONSIBILITIES WITH RESPECT TO THRIFT SAVINGS FUND. SEC. ``(ii) The exercise of voting rights associated with the investments of the Thrift Savings Fund (or portions thereof). ``(B) The regulations prescribed under subparagraph (A)(ii) shall include-- ``(i) the establishment of a process by which the exercise of voting rights described in subparagraph (A)(ii) shall be reviewed by the Secretary of Labor, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury, for compliance with subsection (b)(1)(D) with respect to the exercise of those rights; and ``(ii) the establishment of standards by which compliance with subsection (b)(1)(D) with respect to the exercise of voting rights described in subparagraph (A)(ii) shall be determined, including the factors contributing to a determination that a covered vote would not comply with subsection (b)(1)(D). 4552)); or ``(BB) emerging and foundational technology identified by the President under section 1758 of the Export Controls Act of 2018 (50 U.S.C. 4817); or ``(II) elect to the board of directors of any entity an individual who-- ``(aa) is a director, officer, employee, or affiliate of any entity described in clause (i)(I); ``(bb) at any time during the 5-year period preceding the date on which that election occurs, was as described in item (aa); or ``(cc) a reasonable investor would believe supports any proposal described in subclause (I). 2371); ``(cc) section 40 of the Arms Export Control Act (22 U.S.C.

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 duty of the Federal Retirement Thrift Investment Board to manage the Thrift Savings Fund in the best interests of the beneficiaries of the Fund includes a duty not to harm the national security of the United States. FIDUCIARY RESPONSIBILITIES WITH RESPECT TO THRIFT SAVINGS FUND. ''; and (2) in subsection (e), by adding at the end the following: ``(9)(A) Notwithstanding any other provision of this subsection, no fiduciary shall be personally liable for any monetary damages, or be assessed any civil penalty, under this subsection with respect to a breach of the requirement under subsection (b)(1)(D). ``(B) Subparagraph (A) shall cease to have effect beginning on January 1, 2025.''. SEC. ``(ii) The exercise of voting rights associated with the investments of the Thrift Savings Fund (or portions thereof). ``(B) The regulations prescribed under subparagraph (A)(ii) shall include-- ``(i) the establishment of a process by which the exercise of voting rights described in subparagraph (A)(ii) shall be reviewed by the Secretary of Labor, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury, for compliance with subsection (b)(1)(D) with respect to the exercise of those rights; and ``(ii) the establishment of standards by which compliance with subsection (b)(1)(D) with respect to the exercise of voting rights described in subparagraph (A)(ii) shall be determined, including the factors contributing to a determination that a covered vote would not comply with subsection (b)(1)(D). 1701 note); or ``(bb) the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4817); or ``(cc) outsource or substantially sell, whether to any affiliated entity or joint venture, or by contract, to any entity located in a covered country, any-- ``(AA) industrial resources, critical technology items, or materials that are essential to the national defense (as those terms are defined in section 702 of the Defense Production Act of 1950 (50 U.S.C. 4552)); or ``(BB) emerging and foundational technology identified by the President under section 1758 of the Export Controls Act of 2018 (50 U.S.C. 4817); or ``(II) elect to the board of directors of any entity an individual who-- ``(aa) is a director, officer, employee, or affiliate of any entity described in clause (i)(I); ``(bb) at any time during the 5-year period preceding the date on which that election occurs, was as described in item (aa); or ``(cc) a reasonable investor would believe supports any proposal described in subclause (I). 2371); ``(cc) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or ``(dd) any other provision of law; and ``(III) any other country that the Secretary of Labor, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury, designates as posing an undue or unnecessary risk to the national security of the United States; and ``(ii) the term `covered vote' means a vote in favor of (or an abstention with respect to) a proposal to-- ``(I) approve or ratify a transaction involving an entity, including-- ``(aa) any sale of, or other disposition of (whether in a single or a series of transactions) assets or capital stock; and ``(bb) any merger, consolidation, joint venture, partnership, spin-off, reverse spin- off, dissolution, restructuring, recapitalization, liquidation, or any other business combination or strategic transaction; or ``(II) elect an individual to the board of directors of the entity that is the subject of the proposal.''. (b) Review of Exercise of Voting Rights; Report to Congress.-- Section 8438 of title 5, United States Code, is amended-- (1) in subsection (f)-- (A) by inserting ``(1)'' after ``(f)''; and (B) by adding at the end the following: ``(2) For the purposes of paragraph (1), a review of the exercise of voting rights for compliance with section 8477(b)(1)(D), including under the regulations prescribed under section 8477(f)(2), shall not be considered to be the exercise of voting rights associated with the ownership of securities by the Thrift Savings Fund.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``TSP Fiduciary Security Act''. 2. FINDINGS. (2) The principal beneficiaries of the Thrift Savings Fund are the civil servants of the United States, and members of the uniformed services, who are tasked with defending the national security of the United States. (3) The duty of the Federal Retirement Thrift Investment Board to manage the Thrift Savings Fund in the best interests of the beneficiaries of the Fund includes a duty not to harm the national security of the United States. FIDUCIARY RESPONSIBILITIES WITH RESPECT TO THRIFT SAVINGS FUND. ''; and (2) in subsection (e), by adding at the end the following: ``(9)(A) Notwithstanding any other provision of this subsection, no fiduciary shall be personally liable for any monetary damages, or be assessed any civil penalty, under this subsection with respect to a breach of the requirement under subsection (b)(1)(D). ``(B) Subparagraph (A) shall cease to have effect beginning on January 1, 2025.''. SEC. ``(ii) The exercise of voting rights associated with the investments of the Thrift Savings Fund (or portions thereof). ``(B) The regulations prescribed under subparagraph (A)(ii) shall include-- ``(i) the establishment of a process by which the exercise of voting rights described in subparagraph (A)(ii) shall be reviewed by the Secretary of Labor, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury, for compliance with subsection (b)(1)(D) with respect to the exercise of those rights; and ``(ii) the establishment of standards by which compliance with subsection (b)(1)(D) with respect to the exercise of voting rights described in subparagraph (A)(ii) shall be determined, including the factors contributing to a determination that a covered vote would not comply with subsection (b)(1)(D). 1701 note); or ``(bb) the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4817); or ``(cc) outsource or substantially sell, whether to any affiliated entity or joint venture, or by contract, to any entity located in a covered country, any-- ``(AA) industrial resources, critical technology items, or materials that are essential to the national defense (as those terms are defined in section 702 of the Defense Production Act of 1950 (50 U.S.C. 4552)); or ``(BB) emerging and foundational technology identified by the President under section 1758 of the Export Controls Act of 2018 (50 U.S.C. 4817); or ``(II) elect to the board of directors of any entity an individual who-- ``(aa) is a director, officer, employee, or affiliate of any entity described in clause (i)(I); ``(bb) at any time during the 5-year period preceding the date on which that election occurs, was as described in item (aa); or ``(cc) a reasonable investor would believe supports any proposal described in subclause (I). ``(D) In this paragraph-- ``(i) the term `covered country' means-- ``(I) the People's Republic of China, the Russian Federation, North Korea, Iran, Syria, Sudan, Venezuela, and Cuba; ``(II) any country, the government of which the Secretary of State determines has provided support for international terrorism pursuant to-- ``(aa) section 1754(c)(1)(A) of the Export Controls Act of 2018 (50 U.S.C. 4813(c)(1)(A)); ``(bb) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); ``(cc) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or ``(dd) any other provision of law; and ``(III) any other country that the Secretary of Labor, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury, designates as posing an undue or unnecessary risk to the national security of the United States; and ``(ii) the term `covered vote' means a vote in favor of (or an abstention with respect to) a proposal to-- ``(I) approve or ratify a transaction involving an entity, including-- ``(aa) any sale of, or other disposition of (whether in a single or a series of transactions) assets or capital stock; and ``(bb) any merger, consolidation, joint venture, partnership, spin-off, reverse spin- off, dissolution, restructuring, recapitalization, liquidation, or any other business combination or strategic transaction; or ``(II) elect an individual to the board of directors of the entity that is the subject of the proposal.''. (b) Review of Exercise of Voting Rights; Report to Congress.-- Section 8438 of title 5, United States Code, is amended-- (1) in subsection (f)-- (A) by inserting ``(1)'' after ``(f)''; and (B) by adding at the end the following: ``(2) For the purposes of paragraph (1), a review of the exercise of voting rights for compliance with section 8477(b)(1)(D), including under the regulations prescribed under section 8477(f)(2), shall not be considered to be the exercise of voting rights associated with the ownership of securities by the Thrift Savings Fund. ''; and (2) by adding at the end the following: ``(i) Not later than 2 years after the date of enactment of this subsection, and annually thereafter, the Secretary of Labor shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report regarding-- ``(1) for the year covered by the report, the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, that have been reviewed for compliance with section 8477(b)(1)(D); and ``(2) the outcome with respect to enforcement of each review conducted under paragraph (1) and a justification for that outcome.''.

To amend title 5, United States Code, to address the responsibilities of fiduciaries with respect to the Thrift Savings Fund, and for other purposes. 2) The principal beneficiaries of the Thrift Savings Fund are the civil servants of the United States, and members of the uniformed services, who are tasked with defending the national security of the United States. ( Section 8477 of title 5, United States Code, is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) to the maximum extent practicable, by preventing the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, from harming the national security of the United States. ''; and (2) in subsection (e), by adding at the end the following: ``(9)(A) Notwithstanding any other provision of this subsection, no fiduciary shall be personally liable for any monetary damages, or be assessed any civil penalty, under this subsection with respect to a breach of the requirement under subsection (b)(1)(D). ``(ii) The exercise of voting rights associated with the investments of the Thrift Savings Fund (or portions thereof). ``(D) In this paragraph-- ``(i) the term `covered country' means-- ``(I) the People's Republic of China, the Russian Federation, North Korea, Iran, Syria, Sudan, Venezuela, and Cuba; ``(II) any country, the government of which the Secretary of State determines has provided support for international terrorism pursuant to-- ``(aa) section 1754(c)(1)(A) of the Export Controls Act of 2018 (50 U.S.C. 4813(c)(1)(A)); ``(bb) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. (b) Review of Exercise of Voting Rights; Report to Congress.-- Section 8438 of title 5, United States Code, is amended-- (1) in subsection (f)-- (A) by inserting ``(1)'' after ``(f)''; and (B) by adding at the end the following: ``(2) For the purposes of paragraph (1), a review of the exercise of voting rights for compliance with section 8477(b)(1)(D), including under the regulations prescribed under section 8477(f)(2), shall not be considered to be the exercise of voting rights associated with the ownership of securities by the Thrift Savings Fund. '';

To amend title 5, United States Code, to address the responsibilities of fiduciaries with respect to the Thrift Savings Fund, and for other purposes. FIDUCIARY RESPONSIBILITIES WITH RESPECT TO THRIFT SAVINGS FUND. Section 8477 of title 5, United States Code, is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) to the maximum extent practicable, by preventing the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, from harming the national security of the United States. ''; ``(ii) The exercise of voting rights associated with the investments of the Thrift Savings Fund (or portions thereof). 4817); or ``(II) elect to the board of directors of any entity an individual who-- ``(aa) is a director, officer, employee, or affiliate of any entity described in clause (i)(I); ``(bb) at any time during the 5-year period preceding the date on which that election occurs, was as described in item (aa); or ``(cc) a reasonable investor would believe supports any proposal described in subclause (I). (b) Review of Exercise of Voting Rights; Report to Congress.-- Section 8438 of title 5, United States Code, is amended-- (1) in subsection (f)-- (A) by inserting ``(1)'' after ``(f)''; and (B) by adding at the end the following: ``(2) For the purposes of paragraph (1), a review of the exercise of voting rights for compliance with section 8477(b)(1)(D), including under the regulations prescribed under section 8477(f)(2), shall not be considered to be the exercise of voting rights associated with the ownership of securities by the Thrift Savings Fund. '';

To amend title 5, United States Code, to address the responsibilities of fiduciaries with respect to the Thrift Savings Fund, and for other purposes. FIDUCIARY RESPONSIBILITIES WITH RESPECT TO THRIFT SAVINGS FUND. Section 8477 of title 5, United States Code, is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) to the maximum extent practicable, by preventing the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, from harming the national security of the United States. ''; ``(ii) The exercise of voting rights associated with the investments of the Thrift Savings Fund (or portions thereof). 4817); or ``(II) elect to the board of directors of any entity an individual who-- ``(aa) is a director, officer, employee, or affiliate of any entity described in clause (i)(I); ``(bb) at any time during the 5-year period preceding the date on which that election occurs, was as described in item (aa); or ``(cc) a reasonable investor would believe supports any proposal described in subclause (I). (b) Review of Exercise of Voting Rights; Report to Congress.-- Section 8438 of title 5, United States Code, is amended-- (1) in subsection (f)-- (A) by inserting ``(1)'' after ``(f)''; and (B) by adding at the end the following: ``(2) For the purposes of paragraph (1), a review of the exercise of voting rights for compliance with section 8477(b)(1)(D), including under the regulations prescribed under section 8477(f)(2), shall not be considered to be the exercise of voting rights associated with the ownership of securities by the Thrift Savings Fund. '';

To amend title 5, United States Code, to address the responsibilities of fiduciaries with respect to the Thrift Savings Fund, and for other purposes. 2) The principal beneficiaries of the Thrift Savings Fund are the civil servants of the United States, and members of the uniformed services, who are tasked with defending the national security of the United States. ( Section 8477 of title 5, United States Code, is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) to the maximum extent practicable, by preventing the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, from harming the national security of the United States. ''; and (2) in subsection (e), by adding at the end the following: ``(9)(A) Notwithstanding any other provision of this subsection, no fiduciary shall be personally liable for any monetary damages, or be assessed any civil penalty, under this subsection with respect to a breach of the requirement under subsection (b)(1)(D). ``(ii) The exercise of voting rights associated with the investments of the Thrift Savings Fund (or portions thereof). ``(D) In this paragraph-- ``(i) the term `covered country' means-- ``(I) the People's Republic of China, the Russian Federation, North Korea, Iran, Syria, Sudan, Venezuela, and Cuba; ``(II) any country, the government of which the Secretary of State determines has provided support for international terrorism pursuant to-- ``(aa) section 1754(c)(1)(A) of the Export Controls Act of 2018 (50 U.S.C. 4813(c)(1)(A)); ``(bb) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. (b) Review of Exercise of Voting Rights; Report to Congress.-- Section 8438 of title 5, United States Code, is amended-- (1) in subsection (f)-- (A) by inserting ``(1)'' after ``(f)''; and (B) by adding at the end the following: ``(2) For the purposes of paragraph (1), a review of the exercise of voting rights for compliance with section 8477(b)(1)(D), including under the regulations prescribed under section 8477(f)(2), shall not be considered to be the exercise of voting rights associated with the ownership of securities by the Thrift Savings Fund. '';

To amend title 5, United States Code, to address the responsibilities of fiduciaries with respect to the Thrift Savings Fund, and for other purposes. FIDUCIARY RESPONSIBILITIES WITH RESPECT TO THRIFT SAVINGS FUND. Section 8477 of title 5, United States Code, is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) to the maximum extent practicable, by preventing the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, from harming the national security of the United States. ''; ``(ii) The exercise of voting rights associated with the investments of the Thrift Savings Fund (or portions thereof). 4817); or ``(II) elect to the board of directors of any entity an individual who-- ``(aa) is a director, officer, employee, or affiliate of any entity described in clause (i)(I); ``(bb) at any time during the 5-year period preceding the date on which that election occurs, was as described in item (aa); or ``(cc) a reasonable investor would believe supports any proposal described in subclause (I). (b) Review of Exercise of Voting Rights; Report to Congress.-- Section 8438 of title 5, United States Code, is amended-- (1) in subsection (f)-- (A) by inserting ``(1)'' after ``(f)''; and (B) by adding at the end the following: ``(2) For the purposes of paragraph (1), a review of the exercise of voting rights for compliance with section 8477(b)(1)(D), including under the regulations prescribed under section 8477(f)(2), shall not be considered to be the exercise of voting rights associated with the ownership of securities by the Thrift Savings Fund. '';

To amend title 5, United States Code, to address the responsibilities of fiduciaries with respect to the Thrift Savings Fund, and for other purposes. 2) The principal beneficiaries of the Thrift Savings Fund are the civil servants of the United States, and members of the uniformed services, who are tasked with defending the national security of the United States. ( Section 8477 of title 5, United States Code, is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) to the maximum extent practicable, by preventing the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, from harming the national security of the United States. ''; and (2) in subsection (e), by adding at the end the following: ``(9)(A) Notwithstanding any other provision of this subsection, no fiduciary shall be personally liable for any monetary damages, or be assessed any civil penalty, under this subsection with respect to a breach of the requirement under subsection (b)(1)(D). ``(ii) The exercise of voting rights associated with the investments of the Thrift Savings Fund (or portions thereof). ``(D) In this paragraph-- ``(i) the term `covered country' means-- ``(I) the People's Republic of China, the Russian Federation, North Korea, Iran, Syria, Sudan, Venezuela, and Cuba; ``(II) any country, the government of which the Secretary of State determines has provided support for international terrorism pursuant to-- ``(aa) section 1754(c)(1)(A) of the Export Controls Act of 2018 (50 U.S.C. 4813(c)(1)(A)); ``(bb) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. (b) Review of Exercise of Voting Rights; Report to Congress.-- Section 8438 of title 5, United States Code, is amended-- (1) in subsection (f)-- (A) by inserting ``(1)'' after ``(f)''; and (B) by adding at the end the following: ``(2) For the purposes of paragraph (1), a review of the exercise of voting rights for compliance with section 8477(b)(1)(D), including under the regulations prescribed under section 8477(f)(2), shall not be considered to be the exercise of voting rights associated with the ownership of securities by the Thrift Savings Fund. '';

To amend title 5, United States Code, to address the responsibilities of fiduciaries with respect to the Thrift Savings Fund, and for other purposes. FIDUCIARY RESPONSIBILITIES WITH RESPECT TO THRIFT SAVINGS FUND. Section 8477 of title 5, United States Code, is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) to the maximum extent practicable, by preventing the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, from harming the national security of the United States. ''; ``(ii) The exercise of voting rights associated with the investments of the Thrift Savings Fund (or portions thereof). 4817); or ``(II) elect to the board of directors of any entity an individual who-- ``(aa) is a director, officer, employee, or affiliate of any entity described in clause (i)(I); ``(bb) at any time during the 5-year period preceding the date on which that election occurs, was as described in item (aa); or ``(cc) a reasonable investor would believe supports any proposal described in subclause (I). (b) Review of Exercise of Voting Rights; Report to Congress.-- Section 8438 of title 5, United States Code, is amended-- (1) in subsection (f)-- (A) by inserting ``(1)'' after ``(f)''; and (B) by adding at the end the following: ``(2) For the purposes of paragraph (1), a review of the exercise of voting rights for compliance with section 8477(b)(1)(D), including under the regulations prescribed under section 8477(f)(2), shall not be considered to be the exercise of voting rights associated with the ownership of securities by the Thrift Savings Fund. '';

To amend title 5, United States Code, to address the responsibilities of fiduciaries with respect to the Thrift Savings Fund, and for other purposes. 2) The principal beneficiaries of the Thrift Savings Fund are the civil servants of the United States, and members of the uniformed services, who are tasked with defending the national security of the United States. ( Section 8477 of title 5, United States Code, is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) to the maximum extent practicable, by preventing the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, from harming the national security of the United States. ''; and (2) in subsection (e), by adding at the end the following: ``(9)(A) Notwithstanding any other provision of this subsection, no fiduciary shall be personally liable for any monetary damages, or be assessed any civil penalty, under this subsection with respect to a breach of the requirement under subsection (b)(1)(D). ``(ii) The exercise of voting rights associated with the investments of the Thrift Savings Fund (or portions thereof). ``(D) In this paragraph-- ``(i) the term `covered country' means-- ``(I) the People's Republic of China, the Russian Federation, North Korea, Iran, Syria, Sudan, Venezuela, and Cuba; ``(II) any country, the government of which the Secretary of State determines has provided support for international terrorism pursuant to-- ``(aa) section 1754(c)(1)(A) of the Export Controls Act of 2018 (50 U.S.C. 4813(c)(1)(A)); ``(bb) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. (b) Review of Exercise of Voting Rights; Report to Congress.-- Section 8438 of title 5, United States Code, is amended-- (1) in subsection (f)-- (A) by inserting ``(1)'' after ``(f)''; and (B) by adding at the end the following: ``(2) For the purposes of paragraph (1), a review of the exercise of voting rights for compliance with section 8477(b)(1)(D), including under the regulations prescribed under section 8477(f)(2), shall not be considered to be the exercise of voting rights associated with the ownership of securities by the Thrift Savings Fund. '';

To amend title 5, United States Code, to address the responsibilities of fiduciaries with respect to the Thrift Savings Fund, and for other purposes. FIDUCIARY RESPONSIBILITIES WITH RESPECT TO THRIFT SAVINGS FUND. Section 8477 of title 5, United States Code, is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) to the maximum extent practicable, by preventing the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, from harming the national security of the United States. ''; ``(ii) The exercise of voting rights associated with the investments of the Thrift Savings Fund (or portions thereof). 4817); or ``(II) elect to the board of directors of any entity an individual who-- ``(aa) is a director, officer, employee, or affiliate of any entity described in clause (i)(I); ``(bb) at any time during the 5-year period preceding the date on which that election occurs, was as described in item (aa); or ``(cc) a reasonable investor would believe supports any proposal described in subclause (I). (b) Review of Exercise of Voting Rights; Report to Congress.-- Section 8438 of title 5, United States Code, is amended-- (1) in subsection (f)-- (A) by inserting ``(1)'' after ``(f)''; and (B) by adding at the end the following: ``(2) For the purposes of paragraph (1), a review of the exercise of voting rights for compliance with section 8477(b)(1)(D), including under the regulations prescribed under section 8477(f)(2), shall not be considered to be the exercise of voting rights associated with the ownership of securities by the Thrift Savings Fund. '';

To amend title 5, United States Code, to address the responsibilities of fiduciaries with respect to the Thrift Savings Fund, and for other purposes. Section 8477 of title 5, United States Code, is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) to the maximum extent practicable, by preventing the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, from harming the national security of the United States. '';

TSP Fiduciary Security Act - Amends Federal law to require the Secretary of Labor to prescribe regulations to carry out the fiduciary responsibilities of the Federal Retirement Thrift Investment Board (FRSIB) with respect to each of the following: (1) the investments of the Thrift Savings Fund (or portions thereof); (2) the exercise of voting rights associated with This bill requires the Department of Labor to report annually to Congress on the investments of the Thrift Savings Fund (or portions thereof) and the exercise of voting rights associated with such investments. The bill defines "covered vote" as a vote in favor of (or an abstention with respect to) a proposal to: (1) approve or ratify a transaction involving an entity, including

H.R.3199

Labor and Employment

Partnerships for American Jobs Act This bill allows the Department of Education to award grants to, or enter into contracts with, public telecommunications entities for the purpose of supporting programming that illustrates the value of in-demand careers, encourages secondary and postsecondary graduation, and informs individuals about certain career and educational options.

To establish a competitive grant program at the U.S. Department of Education to support the development, production, and distribution of public media programming designed to prepare Americans for in-demand occupations that address the needs of State and local economies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnerships for American Jobs Act''. SEC. 2. DEFINITIONS. In this Act: (1) The terms ``career pathway'', ``State board'', and ``local board'' have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (2) The term ``digital media programming'' means video and audio programming that may be delivered through a variety of media platforms, including broadcast television and radio, the internet, mobile devices, and other platforms. (3) The term ``in-demand industry sector or occupation'' has the meaning given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (4) The term ``institutions of higher education'' has the meaning given in section 102 of the Higher Education Act (20 U.S.C. 1001). (5) The terms ``local educational agency'' and ``State educational agency'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) The terms ``public broadcast station'' and ``public telecommunications entity'' have the meanings given such terms in section 397 of the Communications Act of 1934 (47 U.S.C. 397). (7) The term ``Secretary'' means the Secretary of Education. SEC. 3. PURPOSE. The purpose of this Act is to support the development and distribution of digital media programming that-- (1) promotes middle school, high school, and postsecondary student entrance into in-demand occupations; (2) promotes student entrance into career pathway programs that provide such preparation; and (3) assists in meeting the needs of State and local economies through increased workers in in-demand industry sectors or occupations. SEC. 4. PROGRAM AUTHORIZED. (a) In General.--The Secretary of Education, in consultation with the Secretary of Labor, may award competitive grants to, or enter into contracts or cooperative agreements with, eligible entities described in subsection (c) to enable such entities-- (1) to develop, produce, and distribute educational and promotional digital media programming that is designed-- (A) to illustrate the value of career pathways in in-demand industry sectors and occupations; (B) to encourage secondary and postsecondary graduation and demonstrate successful student outcomes; (C) to inform young Americans, particularly those who live in communities not currently served by career pathway programs, of a full range of secondary or postsecondary education options which align with the skill needs of industries in the economy of the State or a locality as specified in subparagraph (D); and (D) to address the economic needs of a State as specified in the unified State plan that such State established under section 102 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3112) or locality as specified in a local plan established under section 108 of such Act (29 U.S.C. 3123) through encouragement of students and workers to enter professions and occupations related to in-demand industries or occupations; (2) to facilitate the development, directly or through contracts with producers of educational television and audio programming, of educational programming for middle school, high school, and postsecondary learners, and accompanying support materials and services that promote the effective use of such programming; (3) to facilitate the development of programming, digital content, and support materials, for parents, educators, specialized instructional support personnel, and employers, that is designed for distribution over the broadcast channels of television and radio public broadcast stations and the internet; and (4) to contract with entities (such as public telecommunications entities) to disseminate and distribute programming developed under this Act to the widest possible audience through the most appropriate distribution technologies, including broadcast and online platforms. (b) Availability.--In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities make programming widely available, with support materials as appropriate, to local educational agencies, institutions of higher education, workforce development systems, and employers in relevant industries. (c) Eligible Entities.--To be eligible to receive a grant, contract or cooperative agreement under this section an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (1) A capacity to contract for the development and national distribution of educational and promotional video, audio, and other media programming that is accessible by middle school, high school, and postsecondary learners. (2) A capacity to distribute programming, digital content, and support materials, for parents, educators, specialized instructional support personnel, and employers, that is designed for distribution over the broadcast channels of television and radio public broadcast stations and the internet. (3) A capacity, consistent with the entity's mission and nonprofit nature, to negotiate the contracts described in paragraphs (2) and (4) of subsection (a) in a manner that returns to the entity an appropriate share of any ancillary income from sales of any program-related products. (4) A capacity to localize programming and materials to meet specific State and local needs and to provide educational outreach at the local level. SEC. 5. COORDINATION OF ACTIVITIES. (a) Consultation With the Secretary.--An eligible entity receiving a grant, contract, or cooperative agreement under this Act shall consult with the Secretary-- (1) to maximize the utilization of educational programming by secondary and postsecondary learners, and make such programming widely available to federally funded programs serving such populations; and (2) to coordinate activities with Federal, State, and local programs that support workforce development and career and technical education, including programs under the Carl D. Perkins Career and Technical Education Act of 2006 (29 U.S.C. 2301 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.). (b) Coordination With Other Entities.--To the extent feasible, an eligible entity receiving a grant, contract, or cooperative agreement shall also coordinate its activity under such award with the activities of one or more of the following entities: (1) Employers. (2) Workforce development professionals and agencies. (3) Educators. (4) Labor organizations. (5) Joint labor-management partnerships. (6) State educational agencies and local educational agencies. (7) State boards and local boards. (8) Institutions of higher education. (9) Business councils. SEC. 6. APPLICATIONS. An eligible entity desiring to receive a grant, contract, or cooperative agreement under this Act shall submit to the Secretary in consultation with the Secretary of Labor an application at such time, in such manner, and containing such information as the Secretary may reasonably require. This application must include-- (1) the full scale and content of the programming to be produced; (2) the population and geographic area to be targeted by the programming; (3) the economic need of the State or locality that the programming is designed to meet through increased participation in in-demand industries and occupations; and (4) the initiatives to be undertaken by the eligible entity to develop public-private partnerships to secure non-Federal support for the development, distribution, and broadcast of the programming. SEC. 7. REPORTS AND EVALUATIONS. (a) Biennial Report to the Secretary.--An eligible entity receiving a grant, contract, or cooperative agreement under this Act shall prepare and submit to the Secretary a biennial report that contains such information as the Secretary may require. At a minimum, the report shall describe the activities undertaken with funds received under the grant, contract, or cooperative agreement, including each of the following: (1) The programming that has been developed, directly or indirectly, by the eligible entity. (2) The target population for this programming. (3) The economic needs of the State or locality (as identified in the application of the eligible entity under section 6(3)) that this programming was attempting to meet through the encouragement of new workers in in-demand sectors and occupations. (4) The degree to which the number of workers working in such in-demand sectors and occupations has increased since the programming was distributed. (5) The means by which programming developed under this section has been distributed, and the geographic distribution achieved. (6) The initiatives undertaken by the eligible entity to develop public-private partnerships to secure non-Federal support for the development, distribution, and broadcast of educational and promotional programming. (b) Report to Congress.--The Secretary shall prepare and submit to the relevant committees of Congress a biennial report that includes the following: (1) A summary of the activities assisted under this Act. (2) A description of the educational and promotional materials made available under section 4(a)(4), and the manner in which such materials have been distributed in accordance with such section. SEC. 8. ADMINISTRATIVE COSTS. An eligible entity that receives a grant, contract, or cooperative agreement under this Act may use up to 5 percent of the amount received under the grant, contract, or agreement for the normal and customary expenses of administering the grant, contract, or agreement. SEC. 9. SUBJECT TO APPROPRIATIONS. The authority provided by section 4 may be exercised only to such extent and in such amounts as are provided in advance in appropriations Acts. <all>

Partnerships for American Jobs Act

To establish a competitive grant program at the U.S. Department of Education to support the development, production, and distribution of public media programming designed to prepare Americans for in-demand occupations that address the needs of State and local economies.

Partnerships for American Jobs Act

Rep. Krishnamoorthi, Raja

D

IL

This bill allows the Department of Education to award grants to, or enter into contracts with, public telecommunications entities for the purpose of supporting programming that illustrates the value of in-demand careers, encourages secondary and postsecondary graduation, and informs individuals about certain career and educational options.

SHORT TITLE. This Act may be cited as the ``Partnerships for American Jobs Act''. 2. DEFINITIONS. (3) The term ``in-demand industry sector or occupation'' has the meaning given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). 7801). 397). (7) The term ``Secretary'' means the Secretary of Education. 3. PURPOSE. 4. PROGRAM AUTHORIZED. (c) Eligible Entities.--To be eligible to receive a grant, contract or cooperative agreement under this section an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (1) A capacity to contract for the development and national distribution of educational and promotional video, audio, and other media programming that is accessible by middle school, high school, and postsecondary learners. (2) A capacity to distribute programming, digital content, and support materials, for parents, educators, specialized instructional support personnel, and employers, that is designed for distribution over the broadcast channels of television and radio public broadcast stations and the internet. (3) A capacity, consistent with the entity's mission and nonprofit nature, to negotiate the contracts described in paragraphs (2) and (4) of subsection (a) in a manner that returns to the entity an appropriate share of any ancillary income from sales of any program-related products. 5. COORDINATION OF ACTIVITIES. (a) Consultation With the Secretary.--An eligible entity receiving a grant, contract, or cooperative agreement under this Act shall consult with the Secretary-- (1) to maximize the utilization of educational programming by secondary and postsecondary learners, and make such programming widely available to federally funded programs serving such populations; and (2) to coordinate activities with Federal, State, and local programs that support workforce development and career and technical education, including programs under the Carl D. Perkins Career and Technical Education Act of 2006 (29 U.S.C. ), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq. (4) Labor organizations. (6) State educational agencies and local educational agencies. (7) State boards and local boards. APPLICATIONS. REPORTS AND EVALUATIONS. (3) The economic needs of the State or locality (as identified in the application of the eligible entity under section 6(3)) that this programming was attempting to meet through the encouragement of new workers in in-demand sectors and occupations. (5) The means by which programming developed under this section has been distributed, and the geographic distribution achieved. (b) Report to Congress.--The Secretary shall prepare and submit to the relevant committees of Congress a biennial report that includes the following: (1) A summary of the activities assisted under this Act. 8. ADMINISTRATIVE COSTS. SEC. 9. SUBJECT TO APPROPRIATIONS. The authority provided by section 4 may be exercised only to such extent and in such amounts as are provided in advance in appropriations Acts.

This Act may be cited as the ``Partnerships for American Jobs Act''. 2. (3) The term ``in-demand industry sector or occupation'' has the meaning given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). 397). (7) The term ``Secretary'' means the Secretary of Education. 3. PURPOSE. 4. PROGRAM AUTHORIZED. (c) Eligible Entities.--To be eligible to receive a grant, contract or cooperative agreement under this section an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (1) A capacity to contract for the development and national distribution of educational and promotional video, audio, and other media programming that is accessible by middle school, high school, and postsecondary learners. (2) A capacity to distribute programming, digital content, and support materials, for parents, educators, specialized instructional support personnel, and employers, that is designed for distribution over the broadcast channels of television and radio public broadcast stations and the internet. 5. COORDINATION OF ACTIVITIES. (a) Consultation With the Secretary.--An eligible entity receiving a grant, contract, or cooperative agreement under this Act shall consult with the Secretary-- (1) to maximize the utilization of educational programming by secondary and postsecondary learners, and make such programming widely available to federally funded programs serving such populations; and (2) to coordinate activities with Federal, State, and local programs that support workforce development and career and technical education, including programs under the Carl D. Perkins Career and Technical Education Act of 2006 (29 U.S.C. ), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq. (4) Labor organizations. (6) State educational agencies and local educational agencies. (7) State boards and local boards. APPLICATIONS. REPORTS AND EVALUATIONS. (3) The economic needs of the State or locality (as identified in the application of the eligible entity under section 6(3)) that this programming was attempting to meet through the encouragement of new workers in in-demand sectors and occupations. (b) Report to Congress.--The Secretary shall prepare and submit to the relevant committees of Congress a biennial report that includes the following: (1) A summary of the activities assisted under this Act. 8. SEC. 9. SUBJECT TO APPROPRIATIONS.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnerships for American Jobs Act''. 2. DEFINITIONS. (2) The term ``digital media programming'' means video and audio programming that may be delivered through a variety of media platforms, including broadcast television and radio, the internet, mobile devices, and other platforms. (3) The term ``in-demand industry sector or occupation'' has the meaning given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). 7801). 397). (7) The term ``Secretary'' means the Secretary of Education. 3. PURPOSE. The purpose of this Act is to support the development and distribution of digital media programming that-- (1) promotes middle school, high school, and postsecondary student entrance into in-demand occupations; (2) promotes student entrance into career pathway programs that provide such preparation; and (3) assists in meeting the needs of State and local economies through increased workers in in-demand industry sectors or occupations. 4. PROGRAM AUTHORIZED. 3112) or locality as specified in a local plan established under section 108 of such Act (29 U.S.C. (c) Eligible Entities.--To be eligible to receive a grant, contract or cooperative agreement under this section an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (1) A capacity to contract for the development and national distribution of educational and promotional video, audio, and other media programming that is accessible by middle school, high school, and postsecondary learners. (2) A capacity to distribute programming, digital content, and support materials, for parents, educators, specialized instructional support personnel, and employers, that is designed for distribution over the broadcast channels of television and radio public broadcast stations and the internet. (3) A capacity, consistent with the entity's mission and nonprofit nature, to negotiate the contracts described in paragraphs (2) and (4) of subsection (a) in a manner that returns to the entity an appropriate share of any ancillary income from sales of any program-related products. 5. COORDINATION OF ACTIVITIES. (a) Consultation With the Secretary.--An eligible entity receiving a grant, contract, or cooperative agreement under this Act shall consult with the Secretary-- (1) to maximize the utilization of educational programming by secondary and postsecondary learners, and make such programming widely available to federally funded programs serving such populations; and (2) to coordinate activities with Federal, State, and local programs that support workforce development and career and technical education, including programs under the Carl D. Perkins Career and Technical Education Act of 2006 (29 U.S.C. ), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq. (4) Labor organizations. (5) Joint labor-management partnerships. (6) State educational agencies and local educational agencies. (7) State boards and local boards. (8) Institutions of higher education. (9) Business councils. APPLICATIONS. REPORTS AND EVALUATIONS. (3) The economic needs of the State or locality (as identified in the application of the eligible entity under section 6(3)) that this programming was attempting to meet through the encouragement of new workers in in-demand sectors and occupations. (5) The means by which programming developed under this section has been distributed, and the geographic distribution achieved. (6) The initiatives undertaken by the eligible entity to develop public-private partnerships to secure non-Federal support for the development, distribution, and broadcast of educational and promotional programming. (b) Report to Congress.--The Secretary shall prepare and submit to the relevant committees of Congress a biennial report that includes the following: (1) A summary of the activities assisted under this Act. 8. ADMINISTRATIVE COSTS. An eligible entity that receives a grant, contract, or cooperative agreement under this Act may use up to 5 percent of the amount received under the grant, contract, or agreement for the normal and customary expenses of administering the grant, contract, or agreement. SEC. 9. SUBJECT TO APPROPRIATIONS. The authority provided by section 4 may be exercised only to such extent and in such amounts as are provided in advance in appropriations Acts.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnerships for American Jobs Act''. 2. DEFINITIONS. (2) The term ``digital media programming'' means video and audio programming that may be delivered through a variety of media platforms, including broadcast television and radio, the internet, mobile devices, and other platforms. (3) The term ``in-demand industry sector or occupation'' has the meaning given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). 7801). 397). (7) The term ``Secretary'' means the Secretary of Education. 3. PURPOSE. The purpose of this Act is to support the development and distribution of digital media programming that-- (1) promotes middle school, high school, and postsecondary student entrance into in-demand occupations; (2) promotes student entrance into career pathway programs that provide such preparation; and (3) assists in meeting the needs of State and local economies through increased workers in in-demand industry sectors or occupations. 4. PROGRAM AUTHORIZED. (a) In General.--The Secretary of Education, in consultation with the Secretary of Labor, may award competitive grants to, or enter into contracts or cooperative agreements with, eligible entities described in subsection (c) to enable such entities-- (1) to develop, produce, and distribute educational and promotional digital media programming that is designed-- (A) to illustrate the value of career pathways in in-demand industry sectors and occupations; (B) to encourage secondary and postsecondary graduation and demonstrate successful student outcomes; (C) to inform young Americans, particularly those who live in communities not currently served by career pathway programs, of a full range of secondary or postsecondary education options which align with the skill needs of industries in the economy of the State or a locality as specified in subparagraph (D); and (D) to address the economic needs of a State as specified in the unified State plan that such State established under section 102 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3112) or locality as specified in a local plan established under section 108 of such Act (29 U.S.C. (c) Eligible Entities.--To be eligible to receive a grant, contract or cooperative agreement under this section an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (1) A capacity to contract for the development and national distribution of educational and promotional video, audio, and other media programming that is accessible by middle school, high school, and postsecondary learners. (2) A capacity to distribute programming, digital content, and support materials, for parents, educators, specialized instructional support personnel, and employers, that is designed for distribution over the broadcast channels of television and radio public broadcast stations and the internet. (3) A capacity, consistent with the entity's mission and nonprofit nature, to negotiate the contracts described in paragraphs (2) and (4) of subsection (a) in a manner that returns to the entity an appropriate share of any ancillary income from sales of any program-related products. (4) A capacity to localize programming and materials to meet specific State and local needs and to provide educational outreach at the local level. 5. COORDINATION OF ACTIVITIES. (a) Consultation With the Secretary.--An eligible entity receiving a grant, contract, or cooperative agreement under this Act shall consult with the Secretary-- (1) to maximize the utilization of educational programming by secondary and postsecondary learners, and make such programming widely available to federally funded programs serving such populations; and (2) to coordinate activities with Federal, State, and local programs that support workforce development and career and technical education, including programs under the Carl D. Perkins Career and Technical Education Act of 2006 (29 U.S.C. 2301 et seq. 6301 et seq. ), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq. 3101 et seq.). (4) Labor organizations. (5) Joint labor-management partnerships. (6) State educational agencies and local educational agencies. (7) State boards and local boards. (8) Institutions of higher education. (9) Business councils. APPLICATIONS. An eligible entity desiring to receive a grant, contract, or cooperative agreement under this Act shall submit to the Secretary in consultation with the Secretary of Labor an application at such time, in such manner, and containing such information as the Secretary may reasonably require. REPORTS AND EVALUATIONS. At a minimum, the report shall describe the activities undertaken with funds received under the grant, contract, or cooperative agreement, including each of the following: (1) The programming that has been developed, directly or indirectly, by the eligible entity. (3) The economic needs of the State or locality (as identified in the application of the eligible entity under section 6(3)) that this programming was attempting to meet through the encouragement of new workers in in-demand sectors and occupations. (4) The degree to which the number of workers working in such in-demand sectors and occupations has increased since the programming was distributed. (5) The means by which programming developed under this section has been distributed, and the geographic distribution achieved. (6) The initiatives undertaken by the eligible entity to develop public-private partnerships to secure non-Federal support for the development, distribution, and broadcast of educational and promotional programming. (b) Report to Congress.--The Secretary shall prepare and submit to the relevant committees of Congress a biennial report that includes the following: (1) A summary of the activities assisted under this Act. 8. ADMINISTRATIVE COSTS. An eligible entity that receives a grant, contract, or cooperative agreement under this Act may use up to 5 percent of the amount received under the grant, contract, or agreement for the normal and customary expenses of administering the grant, contract, or agreement. SEC. 9. SUBJECT TO APPROPRIATIONS. The authority provided by section 4 may be exercised only to such extent and in such amounts as are provided in advance in appropriations Acts.

To establish a competitive grant program at the U.S. Department of Education to support the development, production, and distribution of public media programming designed to prepare Americans for in-demand occupations that address the needs of State and local economies. 3) The term ``in-demand industry sector or occupation'' has the meaning given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ( (6) The terms ``public broadcast station'' and ``public telecommunications entity'' have the meanings given such terms in section 397 of the Communications Act of 1934 (47 U.S.C. 397). ( 7) The term ``Secretary'' means the Secretary of Education. b) Availability.--In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities make programming widely available, with support materials as appropriate, to local educational agencies, institutions of higher education, workforce development systems, and employers in relevant industries. ( c) Eligible Entities.--To be eligible to receive a grant, contract or cooperative agreement under this section an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (1) A capacity to contract for the development and national distribution of educational and promotional video, audio, and other media programming that is accessible by middle school, high school, and postsecondary learners. (2) A capacity to distribute programming, digital content, and support materials, for parents, educators, specialized instructional support personnel, and employers, that is designed for distribution over the broadcast channels of television and radio public broadcast stations and the internet. ( and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.). (b) Coordination With Other Entities.--To the extent feasible, an eligible entity receiving a grant, contract, or cooperative agreement shall also coordinate its activity under such award with the activities of one or more of the following entities: (1) Employers. ( 2) Workforce development professionals and agencies. ( This application must include-- (1) the full scale and content of the programming to be produced; (2) the population and geographic area to be targeted by the programming; (3) the economic need of the State or locality that the programming is designed to meet through increased participation in in-demand industries and occupations; and (4) the initiatives to be undertaken by the eligible entity to develop public-private partnerships to secure non-Federal support for the development, distribution, and broadcast of the programming. (a) Biennial Report to the Secretary.--An eligible entity receiving a grant, contract, or cooperative agreement under this Act shall prepare and submit to the Secretary a biennial report that contains such information as the Secretary may require. 4) The degree to which the number of workers working in such in-demand sectors and occupations has increased since the programming was distributed. ( (2) A description of the educational and promotional materials made available under section 4(a)(4), and the manner in which such materials have been distributed in accordance with such section. The authority provided by section 4 may be exercised only to such extent and in such amounts as are provided in advance in appropriations Acts.

To establish a competitive grant program at the U.S. Department of Education to support the development, production, and distribution of public media programming designed to prepare Americans for in-demand occupations that address the needs of State and local economies. 3) The term ``in-demand industry sector or occupation'' has the meaning given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ( 7) The term ``Secretary'' means the Secretary of Education. b) Availability.--In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities make programming widely available, with support materials as appropriate, to local educational agencies, institutions of higher education, workforce development systems, and employers in relevant industries. (c) Eligible Entities.--To be eligible to receive a grant, contract or cooperative agreement under this section an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (1) A capacity to contract for the development and national distribution of educational and promotional video, audio, and other media programming that is accessible by middle school, high school, and postsecondary learners. ( 3) A capacity, consistent with the entity's mission and nonprofit nature, to negotiate the contracts described in paragraphs (2) and (4) of subsection (a) in a manner that returns to the entity an appropriate share of any ancillary income from sales of any program-related products. ( 2) Workforce development professionals and agencies. ( (6) State educational agencies and local educational agencies. ( REPORTS AND EVALUATIONS. ( 4) The degree to which the number of workers working in such in-demand sectors and occupations has increased since the programming was distributed. ( (b) Report to Congress.--The Secretary shall prepare and submit to the relevant committees of Congress a biennial report that includes the following: (1) A summary of the activities assisted under this Act. ( The authority provided by section 4 may be exercised only to such extent and in such amounts as are provided in advance in appropriations Acts.

To establish a competitive grant program at the U.S. Department of Education to support the development, production, and distribution of public media programming designed to prepare Americans for in-demand occupations that address the needs of State and local economies. 3) The term ``in-demand industry sector or occupation'' has the meaning given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ( 7) The term ``Secretary'' means the Secretary of Education. b) Availability.--In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities make programming widely available, with support materials as appropriate, to local educational agencies, institutions of higher education, workforce development systems, and employers in relevant industries. (c) Eligible Entities.--To be eligible to receive a grant, contract or cooperative agreement under this section an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (1) A capacity to contract for the development and national distribution of educational and promotional video, audio, and other media programming that is accessible by middle school, high school, and postsecondary learners. ( 3) A capacity, consistent with the entity's mission and nonprofit nature, to negotiate the contracts described in paragraphs (2) and (4) of subsection (a) in a manner that returns to the entity an appropriate share of any ancillary income from sales of any program-related products. ( 2) Workforce development professionals and agencies. ( (6) State educational agencies and local educational agencies. ( REPORTS AND EVALUATIONS. ( 4) The degree to which the number of workers working in such in-demand sectors and occupations has increased since the programming was distributed. ( (b) Report to Congress.--The Secretary shall prepare and submit to the relevant committees of Congress a biennial report that includes the following: (1) A summary of the activities assisted under this Act. ( The authority provided by section 4 may be exercised only to such extent and in such amounts as are provided in advance in appropriations Acts.

To establish a competitive grant program at the U.S. Department of Education to support the development, production, and distribution of public media programming designed to prepare Americans for in-demand occupations that address the needs of State and local economies. 3) The term ``in-demand industry sector or occupation'' has the meaning given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ( (6) The terms ``public broadcast station'' and ``public telecommunications entity'' have the meanings given such terms in section 397 of the Communications Act of 1934 (47 U.S.C. 397). ( 7) The term ``Secretary'' means the Secretary of Education. b) Availability.--In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities make programming widely available, with support materials as appropriate, to local educational agencies, institutions of higher education, workforce development systems, and employers in relevant industries. ( c) Eligible Entities.--To be eligible to receive a grant, contract or cooperative agreement under this section an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (1) A capacity to contract for the development and national distribution of educational and promotional video, audio, and other media programming that is accessible by middle school, high school, and postsecondary learners. (2) A capacity to distribute programming, digital content, and support materials, for parents, educators, specialized instructional support personnel, and employers, that is designed for distribution over the broadcast channels of television and radio public broadcast stations and the internet. ( and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.). (b) Coordination With Other Entities.--To the extent feasible, an eligible entity receiving a grant, contract, or cooperative agreement shall also coordinate its activity under such award with the activities of one or more of the following entities: (1) Employers. ( 2) Workforce development professionals and agencies. ( This application must include-- (1) the full scale and content of the programming to be produced; (2) the population and geographic area to be targeted by the programming; (3) the economic need of the State or locality that the programming is designed to meet through increased participation in in-demand industries and occupations; and (4) the initiatives to be undertaken by the eligible entity to develop public-private partnerships to secure non-Federal support for the development, distribution, and broadcast of the programming. (a) Biennial Report to the Secretary.--An eligible entity receiving a grant, contract, or cooperative agreement under this Act shall prepare and submit to the Secretary a biennial report that contains such information as the Secretary may require. 4) The degree to which the number of workers working in such in-demand sectors and occupations has increased since the programming was distributed. ( (2) A description of the educational and promotional materials made available under section 4(a)(4), and the manner in which such materials have been distributed in accordance with such section. The authority provided by section 4 may be exercised only to such extent and in such amounts as are provided in advance in appropriations Acts.

To establish a competitive grant program at the U.S. Department of Education to support the development, production, and distribution of public media programming designed to prepare Americans for in-demand occupations that address the needs of State and local economies. 3) The term ``in-demand industry sector or occupation'' has the meaning given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ( 7) The term ``Secretary'' means the Secretary of Education. b) Availability.--In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities make programming widely available, with support materials as appropriate, to local educational agencies, institutions of higher education, workforce development systems, and employers in relevant industries. (c) Eligible Entities.--To be eligible to receive a grant, contract or cooperative agreement under this section an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (1) A capacity to contract for the development and national distribution of educational and promotional video, audio, and other media programming that is accessible by middle school, high school, and postsecondary learners. ( 3) A capacity, consistent with the entity's mission and nonprofit nature, to negotiate the contracts described in paragraphs (2) and (4) of subsection (a) in a manner that returns to the entity an appropriate share of any ancillary income from sales of any program-related products. ( 2) Workforce development professionals and agencies. ( (6) State educational agencies and local educational agencies. ( REPORTS AND EVALUATIONS. ( 4) The degree to which the number of workers working in such in-demand sectors and occupations has increased since the programming was distributed. ( (b) Report to Congress.--The Secretary shall prepare and submit to the relevant committees of Congress a biennial report that includes the following: (1) A summary of the activities assisted under this Act. ( The authority provided by section 4 may be exercised only to such extent and in such amounts as are provided in advance in appropriations Acts.

To establish a competitive grant program at the U.S. Department of Education to support the development, production, and distribution of public media programming designed to prepare Americans for in-demand occupations that address the needs of State and local economies. 3) The term ``in-demand industry sector or occupation'' has the meaning given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ( (6) The terms ``public broadcast station'' and ``public telecommunications entity'' have the meanings given such terms in section 397 of the Communications Act of 1934 (47 U.S.C. 397). ( 7) The term ``Secretary'' means the Secretary of Education. b) Availability.--In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities make programming widely available, with support materials as appropriate, to local educational agencies, institutions of higher education, workforce development systems, and employers in relevant industries. ( c) Eligible Entities.--To be eligible to receive a grant, contract or cooperative agreement under this section an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (1) A capacity to contract for the development and national distribution of educational and promotional video, audio, and other media programming that is accessible by middle school, high school, and postsecondary learners. (2) A capacity to distribute programming, digital content, and support materials, for parents, educators, specialized instructional support personnel, and employers, that is designed for distribution over the broadcast channels of television and radio public broadcast stations and the internet. ( and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.). (b) Coordination With Other Entities.--To the extent feasible, an eligible entity receiving a grant, contract, or cooperative agreement shall also coordinate its activity under such award with the activities of one or more of the following entities: (1) Employers. ( 2) Workforce development professionals and agencies. ( This application must include-- (1) the full scale and content of the programming to be produced; (2) the population and geographic area to be targeted by the programming; (3) the economic need of the State or locality that the programming is designed to meet through increased participation in in-demand industries and occupations; and (4) the initiatives to be undertaken by the eligible entity to develop public-private partnerships to secure non-Federal support for the development, distribution, and broadcast of the programming. (a) Biennial Report to the Secretary.--An eligible entity receiving a grant, contract, or cooperative agreement under this Act shall prepare and submit to the Secretary a biennial report that contains such information as the Secretary may require. 4) The degree to which the number of workers working in such in-demand sectors and occupations has increased since the programming was distributed. ( (2) A description of the educational and promotional materials made available under section 4(a)(4), and the manner in which such materials have been distributed in accordance with such section. The authority provided by section 4 may be exercised only to such extent and in such amounts as are provided in advance in appropriations Acts.

To establish a competitive grant program at the U.S. Department of Education to support the development, production, and distribution of public media programming designed to prepare Americans for in-demand occupations that address the needs of State and local economies. 3) The term ``in-demand industry sector or occupation'' has the meaning given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ( 7) The term ``Secretary'' means the Secretary of Education. b) Availability.--In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities make programming widely available, with support materials as appropriate, to local educational agencies, institutions of higher education, workforce development systems, and employers in relevant industries. (c) Eligible Entities.--To be eligible to receive a grant, contract or cooperative agreement under this section an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (1) A capacity to contract for the development and national distribution of educational and promotional video, audio, and other media programming that is accessible by middle school, high school, and postsecondary learners. ( 3) A capacity, consistent with the entity's mission and nonprofit nature, to negotiate the contracts described in paragraphs (2) and (4) of subsection (a) in a manner that returns to the entity an appropriate share of any ancillary income from sales of any program-related products. ( 2) Workforce development professionals and agencies. ( (6) State educational agencies and local educational agencies. ( REPORTS AND EVALUATIONS. ( 4) The degree to which the number of workers working in such in-demand sectors and occupations has increased since the programming was distributed. ( (b) Report to Congress.--The Secretary shall prepare and submit to the relevant committees of Congress a biennial report that includes the following: (1) A summary of the activities assisted under this Act. ( The authority provided by section 4 may be exercised only to such extent and in such amounts as are provided in advance in appropriations Acts.

To establish a competitive grant program at the U.S. Department of Education to support the development, production, and distribution of public media programming designed to prepare Americans for in-demand occupations that address the needs of State and local economies. c) Eligible Entities.--To be eligible to receive a grant, contract or cooperative agreement under this section an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (1) A capacity to contract for the development and national distribution of educational and promotional video, audio, and other media programming that is accessible by middle school, high school, and postsecondary learners. (2) A capacity to distribute programming, digital content, and support materials, for parents, educators, specialized instructional support personnel, and employers, that is designed for distribution over the broadcast channels of television and radio public broadcast stations and the internet. ( 4) The degree to which the number of workers working in such in-demand sectors and occupations has increased since the programming was distributed. ( (2) A description of the educational and promotional materials made available under section 4(a)(4), and the manner in which such materials have been distributed in accordance with such section. The authority provided by section 4 may be exercised only to such extent and in such amounts as are provided in advance in appropriations Acts.

To establish a competitive grant program at the U.S. Department of Education to support the development, production, and distribution of public media programming designed to prepare Americans for in-demand occupations that address the needs of State and local economies. 3) The term ``in-demand industry sector or occupation'' has the meaning given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ( 7) The term ``Secretary'' means the Secretary of Education. b) Availability.--In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities make programming widely available, with support materials as appropriate, to local educational agencies, institutions of higher education, workforce development systems, and employers in relevant industries. (c) Eligible Entities.--To be eligible to receive a grant, contract or cooperative agreement under this section an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (1) A capacity to contract for the development and national distribution of educational and promotional video, audio, and other media programming that is accessible by middle school, high school, and postsecondary learners. ( 3) A capacity, consistent with the entity's mission and nonprofit nature, to negotiate the contracts described in paragraphs (2) and (4) of subsection (a) in a manner that returns to the entity an appropriate share of any ancillary income from sales of any program-related products. ( 2) Workforce development professionals and agencies. ( (6) State educational agencies and local educational agencies. ( REPORTS AND EVALUATIONS. ( 4) The degree to which the number of workers working in such in-demand sectors and occupations has increased since the programming was distributed. ( (b) Report to Congress.--The Secretary shall prepare and submit to the relevant committees of Congress a biennial report that includes the following: (1) A summary of the activities assisted under this Act. ( The authority provided by section 4 may be exercised only to such extent and in such amounts as are provided in advance in appropriations Acts.

To establish a competitive grant program at the U.S. Department of Education to support the development, production, and distribution of public media programming designed to prepare Americans for in-demand occupations that address the needs of State and local economies. c) Eligible Entities.--To be eligible to receive a grant, contract or cooperative agreement under this section an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (1) A capacity to contract for the development and national distribution of educational and promotional video, audio, and other media programming that is accessible by middle school, high school, and postsecondary learners. (2) A capacity to distribute programming, digital content, and support materials, for parents, educators, specialized instructional support personnel, and employers, that is designed for distribution over the broadcast channels of television and radio public broadcast stations and the internet. ( 4) The degree to which the number of workers working in such in-demand sectors and occupations has increased since the programming was distributed. ( (2) A description of the educational and promotional materials made available under section 4(a)(4), and the manner in which such materials have been distributed in accordance with such section. The authority provided by section 4 may be exercised only to such extent and in such amounts as are provided in advance in appropriations Acts.

Partnerships for American Jobs Act - Authorizes the Secretary of Education to award competitive grants to, or enter into contracts or cooperative agreements with, eligible entities to enable such entities to develop, produce, and distribute educational and promotional digital media programming that is designed to: (1) illustrate the value of career pathways in in-demand industry sectors and occupations; (2) encourage secondary and Directs an eligible entity to: (1) submit to the Secretary of Labor an application for a grant, contract, or cooperative agreement to develop, distribute, and disseminate educational and promotional programming; and (2) coordinate its activity under such award with the activities of one or more of the following entities: employers, labor organizations, educators, state educational agencies, and local

H.R.4601

Armed Forces and National Security

Commitment to Veteran Support and Outreach Act This bill authorizes the Department of Veterans Affairs (VA) to provide grants to states and Indian tribes to implement programs that improve outreach and assistance to veterans and their families to ensure that such individuals are fully informed about veterans' benefits and programs. Specifically, the VA may provide grants to states and tribes to (1) implement or enhance outreach activities; (2) increase the number of county or tribal veterans service officers in the state or tribe; or (3) expand, implement, or otherwise enhance existing programs and services of the existing state or tribal organization that is recognized by the VA in the preparation, presentation, and prosecution of claims for veterans benefits through representatives who hold positions as county or tribal veterans service officers. The VA must prioritize awarding grants in areas with a critical shortage of county or tribal veterans service officers, areas with high rates of suicide among veterans, and areas with high rates of referrals to the Veterans Crisis Line. The bill also extends certain loan fee rates through February 10, 2031, under the VA's home loan program. During FY2024-FY2028, the VA is authorized to hire two or more additional full-time equivalent employees in the VA's Office of General Counsel to carry out duties under the accreditation, discipline, and fees program.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Commitment to Veteran Support and Outreach Act''. SEC. 2. AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO AWARD GRANTS TO STATES AND INDIAN TRIBES TO IMPROVE OUTREACH TO VETERANS. (a) In General.--Chapter 63 of title 38, United States Code, is amended-- (1) by redesignating sections 6307 and 6308 and sections 6308 and 6309, respectively; and (2) by inserting after section 6306 the following new section 6307: ``Sec. 6307. Grants to States and Indian Tribes to improve outreach to veterans ``(a) Purpose.--It is the purpose of this section to provide for assistance by the Secretary to States and Indian Tribes to carry out programs that-- ``(1) improve outreach and assistance to veterans and the spouses, children, and parents of veterans, to ensure that such individuals are fully informed about any veterans and veterans- related benefits and programs (including veterans programs of a State or Indian Tribe) for which they may be eligible; and ``(2) facilitate opportunities for such individuals to receive competent, qualified services in the preparation, presentation, and prosecution of veterans benefits claims. ``(b) Authority.--The Secretary may award grants under this section to States and Indian Tribes-- ``(1) to carry out, coordinate, improve, or otherwise enhance outreach activities; ``(2) to increase the number of county or Tribal veterans service officers serving in the State or Indian Tribe by hiring new, additional such officers; or ``(3) to expand, carry out, coordinate, improve, or otherwise enhance existing programs, activities, and services of the existing organization of the State or Indian Tribe that has been recognized by the Department of Veterans Affairs pursuant to section 5902, in the preparation, presentation, and prosecution of claims for veterans benefits through representatives who hold positions as county or Tribal veterans service officers. ``(c) Application.--(1) To be eligible for a grant under this section, a State or Indian Tribe shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. ``(2) Each application submitted under paragraph (1) shall include the following: ``(A) A detailed plan for the use of the grant. ``(B) A description of the programs through which the State or Indian Tribe will meet the outcome measures developed by the Secretary under subsection (i). ``(C) A description of how the State or Indian Tribe will distribute grant amounts equitably among counties (or Tribal lands, as the case may be) with varying levels of urbanization. ``(D) A plan for how the grant will be used to meet the unique needs of American Indian or Alaska Native veterans, elderly veterans, women veterans, and veterans from other underserved communities. ``(d) Distribution.--The Secretary shall seek to ensure that grants awarded under this section are equitably distributed among States and Indian Tribes with varying levels of urbanization. ``(e) Priority.--The Secretary shall prioritize awarding grants under this section that will serve the following areas: ``(1) Areas with a critical shortage of county or Tribal veterans service officers. ``(2) Areas with high rates of-- ``(A) suicide among veterans; or ``(B) referrals to the Veterans Crisis Line. ``(f) Use of County or Tribal Veterans Service Officers.--A State or Indian Tribe that receives a grant under this section to carry out an activity described in subsection (b)(1) may only carry out the activity through-- ``(1) a county or Tribal veterans service officer of the State or Indian Tribe; or ``(2) if the State or Indian Tribe does not have a county or Tribal veterans service officer, or if the county or Tribal veterans service officers of the State or Indian Tribe cover only a portion of that State or Indian Tribe, an appropriate entity of a State, local, or Tribal government, as determined by the Secretary. ``(g) Required Activities.--Any grant awarded under this section shall be used-- ``(1) to expand existing programs, activities, and services; ``(2) to hire and maintain new, additional county or Tribal veterans service officers; or ``(3) for travel and transportation to facilitate carrying out paragraph (1) or (2). ``(h) Other Permissible Activities.--A grant under this section may be used to provide education and training, including on-the-job training, for State, county, local, and Tribal government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain and maintain accreditation in accordance with procedures approved by the Secretary. ``(i) Outcome Measures.--(1) The Secretary shall develop and provide to each State or Indian Tribe that receives a grant under this section written guidance on the following: ``(A) Outcome measures. ``(B) Policies of the Department. ``(2) In developing outcome measures under paragraph (1), the Secretary shall consider the following goals: ``(A) Increasing the use of veterans and veterans-related benefits, particularly among vulnerable populations. ``(B) Increasing the number of county and Tribal veterans service officers recognized by the Secretary for the representation of veterans under chapter 59 of this title. ``(j) Tracking Requirements.--(1) With respect to each grant awarded under this section, the Secretary shall track the use of veterans benefits among the population served by the grant, including the average period of time between the date on which a veteran or other eligible claimant applies for such a benefit and the date on which the veteran or other eligible claimant receives the benefit, disaggregated by type of benefit. ``(2) Not less frequently than annually during the life of the grant program established under this section, the Secretary shall submit to Congress a report on-- ``(A) the information tracked under paragraph (1); ``(B) how the grants awarded under this section serve the unique needs of American Indian or Alaska Native veterans, elderly veterans, women veterans, and veterans from other underserved communities; and ``(C) other information provided by States and Indian Tribes pursuant to the grant reporting requirements. ``(k) Performance Review.--(1) The Secretary shall-- ``(A) review the performance of each State or Indian Tribe that receives a grant under this section; and ``(B) make information regarding such performance publicly available. ``(l) Remediation Plan.--(1) In the case of a State or Indian Tribe that receives a grant under this section and does not meet the outcome measures developed by the Secretary under subsection (i), the Secretary shall require the State or Indian Tribe to submit a remediation plan under which the State or Indian Tribe shall describe how and when it plans to meet such outcome measures. ``(2) The Secretary may not award a subsequent grant under this section to a State or Indian Tribe described in paragraph (1) unless the Secretary approves the remediation plan submitted by the State of Indian Tribe. ``(m) Maximum Amount.--The amount of a grant awarded under this section may not exceed 10 percent of amounts made available for grants under this section for the fiscal year in which the grant is awarded. ``(n) Supplement, Not Supplant.--Any grant awarded under this section shall be used to supplement and not supplant State and local funding that is otherwise available. ``(o) Definitions.--In this section: ``(1) The term `county or Tribal veterans service officer' includes a local equivalent veterans service officer. ``(2) The term `Indian Tribe' has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(3) The term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States. ``(4) The term `Veterans Crisis Line' means the toll-free hotline for veterans established under section 1720F(h) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 63 of such title is amended by striking the items relating to sections 6307 and 6308 and inserting the following new items: ``6307. Grants to States and Indian Tribes to improve outreach to veterans. ``6308. Outreach for eligible dependents. ``6309. Biennial report to Congress.''. (c) Modification of Certain Housing Loan Fee.--The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking ``January 14, 2031'' each place it appears and inserting ``February 10, 2031''. (d) Authorization of Additional Full-time Equivalent Employee.-- During fiscal years 2024 through 2028, the Secretary of Veterans Affairs may hire two or more additional full-time equivalent employees in the Office of the General Counsel of the Department of Veterans Affairs, as compared to the number of full-time equivalent employees that would otherwise be authorized for such office, to carry out duties under the accreditation, discipline, and fees program. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives December 1, 2022. Attest: CHERYL L. JOHNSON, Clerk.

Commitment to Veteran Support and Outreach Act

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes.

Commitment to Veteran Support and Outreach Act Commitment to Veteran Support and Outreach Act

Rep. Levin, Mike

D

CA

This bill authorizes the Department of Veterans Affairs (VA) to provide grants to states and Indian tribes to implement programs that improve outreach and assistance to veterans and their families to ensure that such individuals are fully informed about veterans' benefits and programs. Specifically, the VA may provide grants to states and tribes to (1) implement or enhance outreach activities; (2) increase the number of county or tribal veterans service officers in the state or tribe; or (3) expand, implement, or otherwise enhance existing programs and services of the existing state or tribal organization that is recognized by the VA in the preparation, presentation, and prosecution of claims for veterans benefits through representatives who hold positions as county or tribal veterans service officers. The VA must prioritize awarding grants in areas with a critical shortage of county or tribal veterans service officers, areas with high rates of suicide among veterans, and areas with high rates of referrals to the Veterans Crisis Line. The bill also extends certain loan fee rates through February 10, 2031, under the VA's home loan program. During FY2024-FY2028, the VA is authorized to hire two or more additional full-time equivalent employees in the VA's Office of General Counsel to carry out duties under the accreditation, discipline, and fees program.

SHORT TITLE. This Act may be cited as the ``Commitment to Veteran Support and Outreach Act''. 2. 6307. ``(2) Each application submitted under paragraph (1) shall include the following: ``(A) A detailed plan for the use of the grant. ``(B) A description of the programs through which the State or Indian Tribe will meet the outcome measures developed by the Secretary under subsection (i). ``(C) A description of how the State or Indian Tribe will distribute grant amounts equitably among counties (or Tribal lands, as the case may be) with varying levels of urbanization. ``(D) A plan for how the grant will be used to meet the unique needs of American Indian or Alaska Native veterans, elderly veterans, women veterans, and veterans from other underserved communities. ``(2) Areas with high rates of-- ``(A) suicide among veterans; or ``(B) referrals to the Veterans Crisis Line. ``(h) Other Permissible Activities.--A grant under this section may be used to provide education and training, including on-the-job training, for State, county, local, and Tribal government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain and maintain accreditation in accordance with procedures approved by the Secretary. ``(j) Tracking Requirements.--(1) With respect to each grant awarded under this section, the Secretary shall track the use of veterans benefits among the population served by the grant, including the average period of time between the date on which a veteran or other eligible claimant applies for such a benefit and the date on which the veteran or other eligible claimant receives the benefit, disaggregated by type of benefit. ``(k) Performance Review.--(1) The Secretary shall-- ``(A) review the performance of each State or Indian Tribe that receives a grant under this section; and ``(B) make information regarding such performance publicly available. ``(o) Definitions.--In this section: ``(1) The term `county or Tribal veterans service officer' includes a local equivalent veterans service officer. 5304). Grants to States and Indian Tribes to improve outreach to veterans. ``6308. ``6309. Biennial report to Congress.''. (c) Modification of Certain Housing Loan Fee.--The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking ``January 14, 2031'' each place it appears and inserting ``February 10, 2031''. (d) Authorization of Additional Full-time Equivalent Employee.-- During fiscal years 2024 through 2028, the Secretary of Veterans Affairs may hire two or more additional full-time equivalent employees in the Office of the General Counsel of the Department of Veterans Affairs, as compared to the number of full-time equivalent employees that would otherwise be authorized for such office, to carry out duties under the accreditation, discipline, and fees program. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. Passed the House of Representatives December 1, 2022. Attest: CHERYL L. JOHNSON, Clerk.

SHORT TITLE. This Act may be cited as the ``Commitment to Veteran Support and Outreach Act''. 2. 6307. ``(2) Each application submitted under paragraph (1) shall include the following: ``(A) A detailed plan for the use of the grant. ``(B) A description of the programs through which the State or Indian Tribe will meet the outcome measures developed by the Secretary under subsection (i). ``(h) Other Permissible Activities.--A grant under this section may be used to provide education and training, including on-the-job training, for State, county, local, and Tribal government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain and maintain accreditation in accordance with procedures approved by the Secretary. ``(j) Tracking Requirements.--(1) With respect to each grant awarded under this section, the Secretary shall track the use of veterans benefits among the population served by the grant, including the average period of time between the date on which a veteran or other eligible claimant applies for such a benefit and the date on which the veteran or other eligible claimant receives the benefit, disaggregated by type of benefit. ``(o) Definitions.--In this section: ``(1) The term `county or Tribal veterans service officer' includes a local equivalent veterans service officer. Grants to States and Indian Tribes to improve outreach to veterans. ``6308. ``6309. Biennial report to Congress.''. (c) Modification of Certain Housing Loan Fee.--The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking ``January 14, 2031'' each place it appears and inserting ``February 10, 2031''. (d) Authorization of Additional Full-time Equivalent Employee.-- During fiscal years 2024 through 2028, the Secretary of Veterans Affairs may hire two or more additional full-time equivalent employees in the Office of the General Counsel of the Department of Veterans Affairs, as compared to the number of full-time equivalent employees that would otherwise be authorized for such office, to carry out duties under the accreditation, discipline, and fees program. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. Passed the House of Representatives December 1, 2022. Attest: CHERYL L. JOHNSON, Clerk.

SHORT TITLE. This Act may be cited as the ``Commitment to Veteran Support and Outreach Act''. 2. 6307. ``(2) Each application submitted under paragraph (1) shall include the following: ``(A) A detailed plan for the use of the grant. ``(B) A description of the programs through which the State or Indian Tribe will meet the outcome measures developed by the Secretary under subsection (i). ``(C) A description of how the State or Indian Tribe will distribute grant amounts equitably among counties (or Tribal lands, as the case may be) with varying levels of urbanization. ``(D) A plan for how the grant will be used to meet the unique needs of American Indian or Alaska Native veterans, elderly veterans, women veterans, and veterans from other underserved communities. ``(2) Areas with high rates of-- ``(A) suicide among veterans; or ``(B) referrals to the Veterans Crisis Line. ``(h) Other Permissible Activities.--A grant under this section may be used to provide education and training, including on-the-job training, for State, county, local, and Tribal government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain and maintain accreditation in accordance with procedures approved by the Secretary. ``(j) Tracking Requirements.--(1) With respect to each grant awarded under this section, the Secretary shall track the use of veterans benefits among the population served by the grant, including the average period of time between the date on which a veteran or other eligible claimant applies for such a benefit and the date on which the veteran or other eligible claimant receives the benefit, disaggregated by type of benefit. ``(k) Performance Review.--(1) The Secretary shall-- ``(A) review the performance of each State or Indian Tribe that receives a grant under this section; and ``(B) make information regarding such performance publicly available. ``(n) Supplement, Not Supplant.--Any grant awarded under this section shall be used to supplement and not supplant State and local funding that is otherwise available. ``(o) Definitions.--In this section: ``(1) The term `county or Tribal veterans service officer' includes a local equivalent veterans service officer. 5304). ``(3) The term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States. ``(4) The term `Veterans Crisis Line' means the toll-free hotline for veterans established under section 1720F(h) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 63 of such title is amended by striking the items relating to sections 6307 and 6308 and inserting the following new items: ``6307. Grants to States and Indian Tribes to improve outreach to veterans. ``6308. ``6309. Biennial report to Congress.''. (c) Modification of Certain Housing Loan Fee.--The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking ``January 14, 2031'' each place it appears and inserting ``February 10, 2031''. (d) Authorization of Additional Full-time Equivalent Employee.-- During fiscal years 2024 through 2028, the Secretary of Veterans Affairs may hire two or more additional full-time equivalent employees in the Office of the General Counsel of the Department of Veterans Affairs, as compared to the number of full-time equivalent employees that would otherwise be authorized for such office, to carry out duties under the accreditation, discipline, and fees program. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives December 1, 2022. Attest: CHERYL L. JOHNSON, Clerk.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Commitment to Veteran Support and Outreach Act''. 2. 6307. ``(b) Authority.--The Secretary may award grants under this section to States and Indian Tribes-- ``(1) to carry out, coordinate, improve, or otherwise enhance outreach activities; ``(2) to increase the number of county or Tribal veterans service officers serving in the State or Indian Tribe by hiring new, additional such officers; or ``(3) to expand, carry out, coordinate, improve, or otherwise enhance existing programs, activities, and services of the existing organization of the State or Indian Tribe that has been recognized by the Department of Veterans Affairs pursuant to section 5902, in the preparation, presentation, and prosecution of claims for veterans benefits through representatives who hold positions as county or Tribal veterans service officers. ``(c) Application.--(1) To be eligible for a grant under this section, a State or Indian Tribe shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. ``(2) Each application submitted under paragraph (1) shall include the following: ``(A) A detailed plan for the use of the grant. ``(B) A description of the programs through which the State or Indian Tribe will meet the outcome measures developed by the Secretary under subsection (i). ``(C) A description of how the State or Indian Tribe will distribute grant amounts equitably among counties (or Tribal lands, as the case may be) with varying levels of urbanization. ``(D) A plan for how the grant will be used to meet the unique needs of American Indian or Alaska Native veterans, elderly veterans, women veterans, and veterans from other underserved communities. ``(d) Distribution.--The Secretary shall seek to ensure that grants awarded under this section are equitably distributed among States and Indian Tribes with varying levels of urbanization. ``(e) Priority.--The Secretary shall prioritize awarding grants under this section that will serve the following areas: ``(1) Areas with a critical shortage of county or Tribal veterans service officers. ``(2) Areas with high rates of-- ``(A) suicide among veterans; or ``(B) referrals to the Veterans Crisis Line. ``(h) Other Permissible Activities.--A grant under this section may be used to provide education and training, including on-the-job training, for State, county, local, and Tribal government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain and maintain accreditation in accordance with procedures approved by the Secretary. ``(B) Policies of the Department. ``(2) In developing outcome measures under paragraph (1), the Secretary shall consider the following goals: ``(A) Increasing the use of veterans and veterans-related benefits, particularly among vulnerable populations. ``(j) Tracking Requirements.--(1) With respect to each grant awarded under this section, the Secretary shall track the use of veterans benefits among the population served by the grant, including the average period of time between the date on which a veteran or other eligible claimant applies for such a benefit and the date on which the veteran or other eligible claimant receives the benefit, disaggregated by type of benefit. ``(k) Performance Review.--(1) The Secretary shall-- ``(A) review the performance of each State or Indian Tribe that receives a grant under this section; and ``(B) make information regarding such performance publicly available. ``(2) The Secretary may not award a subsequent grant under this section to a State or Indian Tribe described in paragraph (1) unless the Secretary approves the remediation plan submitted by the State of Indian Tribe. ``(n) Supplement, Not Supplant.--Any grant awarded under this section shall be used to supplement and not supplant State and local funding that is otherwise available. ``(o) Definitions.--In this section: ``(1) The term `county or Tribal veterans service officer' includes a local equivalent veterans service officer. ``(2) The term `Indian Tribe' has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(3) The term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States. ``(4) The term `Veterans Crisis Line' means the toll-free hotline for veterans established under section 1720F(h) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 63 of such title is amended by striking the items relating to sections 6307 and 6308 and inserting the following new items: ``6307. Grants to States and Indian Tribes to improve outreach to veterans. ``6308. Outreach for eligible dependents. ``6309. Biennial report to Congress.''. (c) Modification of Certain Housing Loan Fee.--The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking ``January 14, 2031'' each place it appears and inserting ``February 10, 2031''. (d) Authorization of Additional Full-time Equivalent Employee.-- During fiscal years 2024 through 2028, the Secretary of Veterans Affairs may hire two or more additional full-time equivalent employees in the Office of the General Counsel of the Department of Veterans Affairs, as compared to the number of full-time equivalent employees that would otherwise be authorized for such office, to carry out duties under the accreditation, discipline, and fees program. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives December 1, 2022. Attest: CHERYL L. JOHNSON, Clerk.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes. a) In General.--Chapter 63 of title 38, United States Code, is amended-- (1) by redesignating sections 6307 and 6308 and sections 6308 and 6309, respectively; and (2) by inserting after section 6306 the following new section 6307: ``Sec. ``(c) Application.--(1) To be eligible for a grant under this section, a State or Indian Tribe shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. ``(B) A description of the programs through which the State or Indian Tribe will meet the outcome measures developed by the Secretary under subsection (i). ``(D) A plan for how the grant will be used to meet the unique needs of American Indian or Alaska Native veterans, elderly veterans, women veterans, and veterans from other underserved communities. ``(e) Priority.--The Secretary shall prioritize awarding grants under this section that will serve the following areas: ``(1) Areas with a critical shortage of county or Tribal veterans service officers. ``(g) Required Activities.--Any grant awarded under this section shall be used-- ``(1) to expand existing programs, activities, and services; ``(2) to hire and maintain new, additional county or Tribal veterans service officers; or ``(3) for travel and transportation to facilitate carrying out paragraph (1) or (2). ``(h) Other Permissible Activities.--A grant under this section may be used to provide education and training, including on-the-job training, for State, county, local, and Tribal government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain and maintain accreditation in accordance with procedures approved by the Secretary. ``(j) Tracking Requirements.--(1) With respect to each grant awarded under this section, the Secretary shall track the use of veterans benefits among the population served by the grant, including the average period of time between the date on which a veteran or other eligible claimant applies for such a benefit and the date on which the veteran or other eligible claimant receives the benefit, disaggregated by type of benefit. ``(l) Remediation Plan.--(1) In the case of a State or Indian Tribe that receives a grant under this section and does not meet the outcome measures developed by the Secretary under subsection (i), the Secretary shall require the State or Indian Tribe to submit a remediation plan under which the State or Indian Tribe shall describe how and when it plans to meet such outcome measures. ``(2) The Secretary may not award a subsequent grant under this section to a State or Indian Tribe described in paragraph (1) unless the Secretary approves the remediation plan submitted by the State of Indian Tribe. ``(o) Definitions.--In this section: ``(1) The term `county or Tribal veterans service officer' includes a local equivalent veterans service officer. Biennial report to Congress.''. ( The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes. a) In General.--Chapter 63 of title 38, United States Code, is amended-- (1) by redesignating sections 6307 and 6308 and sections 6308 and 6309, respectively; and (2) by inserting after section 6306 the following new section 6307: ``Sec. ``(c) Application.--(1) To be eligible for a grant under this section, a State or Indian Tribe shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. ``(e) Priority.--The Secretary shall prioritize awarding grants under this section that will serve the following areas: ``(1) Areas with a critical shortage of county or Tribal veterans service officers. ``(g) Required Activities.--Any grant awarded under this section shall be used-- ``(1) to expand existing programs, activities, and services; ``(2) to hire and maintain new, additional county or Tribal veterans service officers; or ``(3) for travel and transportation to facilitate carrying out paragraph (1) or (2). ``(2) Not less frequently than annually during the life of the grant program established under this section, the Secretary shall submit to Congress a report on-- ``(A) the information tracked under paragraph (1); ``(B) how the grants awarded under this section serve the unique needs of American Indian or Alaska Native veterans, elderly veterans, women veterans, and veterans from other underserved communities; and ``(C) other information provided by States and Indian Tribes pursuant to the grant reporting requirements. ``(k) Performance Review.--(1) The Secretary shall-- ``(A) review the performance of each State or Indian Tribe that receives a grant under this section; and ``(B) make information regarding such performance publicly available. ``(2) The Secretary may not award a subsequent grant under this section to a State or Indian Tribe described in paragraph (1) unless the Secretary approves the remediation plan submitted by the State of Indian Tribe. Outreach for eligible dependents. (c) Modification of Certain Housing Loan Fee.--The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking ``January 14, 2031'' each place it appears and inserting ``February 10, 2031''. ( The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes. a) In General.--Chapter 63 of title 38, United States Code, is amended-- (1) by redesignating sections 6307 and 6308 and sections 6308 and 6309, respectively; and (2) by inserting after section 6306 the following new section 6307: ``Sec. ``(c) Application.--(1) To be eligible for a grant under this section, a State or Indian Tribe shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. ``(e) Priority.--The Secretary shall prioritize awarding grants under this section that will serve the following areas: ``(1) Areas with a critical shortage of county or Tribal veterans service officers. ``(g) Required Activities.--Any grant awarded under this section shall be used-- ``(1) to expand existing programs, activities, and services; ``(2) to hire and maintain new, additional county or Tribal veterans service officers; or ``(3) for travel and transportation to facilitate carrying out paragraph (1) or (2). ``(2) Not less frequently than annually during the life of the grant program established under this section, the Secretary shall submit to Congress a report on-- ``(A) the information tracked under paragraph (1); ``(B) how the grants awarded under this section serve the unique needs of American Indian or Alaska Native veterans, elderly veterans, women veterans, and veterans from other underserved communities; and ``(C) other information provided by States and Indian Tribes pursuant to the grant reporting requirements. ``(k) Performance Review.--(1) The Secretary shall-- ``(A) review the performance of each State or Indian Tribe that receives a grant under this section; and ``(B) make information regarding such performance publicly available. ``(2) The Secretary may not award a subsequent grant under this section to a State or Indian Tribe described in paragraph (1) unless the Secretary approves the remediation plan submitted by the State of Indian Tribe. Outreach for eligible dependents. (c) Modification of Certain Housing Loan Fee.--The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking ``January 14, 2031'' each place it appears and inserting ``February 10, 2031''. ( The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes. a) In General.--Chapter 63 of title 38, United States Code, is amended-- (1) by redesignating sections 6307 and 6308 and sections 6308 and 6309, respectively; and (2) by inserting after section 6306 the following new section 6307: ``Sec. ``(c) Application.--(1) To be eligible for a grant under this section, a State or Indian Tribe shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. ``(B) A description of the programs through which the State or Indian Tribe will meet the outcome measures developed by the Secretary under subsection (i). ``(D) A plan for how the grant will be used to meet the unique needs of American Indian or Alaska Native veterans, elderly veterans, women veterans, and veterans from other underserved communities. ``(e) Priority.--The Secretary shall prioritize awarding grants under this section that will serve the following areas: ``(1) Areas with a critical shortage of county or Tribal veterans service officers. ``(g) Required Activities.--Any grant awarded under this section shall be used-- ``(1) to expand existing programs, activities, and services; ``(2) to hire and maintain new, additional county or Tribal veterans service officers; or ``(3) for travel and transportation to facilitate carrying out paragraph (1) or (2). ``(h) Other Permissible Activities.--A grant under this section may be used to provide education and training, including on-the-job training, for State, county, local, and Tribal government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain and maintain accreditation in accordance with procedures approved by the Secretary. ``(j) Tracking Requirements.--(1) With respect to each grant awarded under this section, the Secretary shall track the use of veterans benefits among the population served by the grant, including the average period of time between the date on which a veteran or other eligible claimant applies for such a benefit and the date on which the veteran or other eligible claimant receives the benefit, disaggregated by type of benefit. ``(l) Remediation Plan.--(1) In the case of a State or Indian Tribe that receives a grant under this section and does not meet the outcome measures developed by the Secretary under subsection (i), the Secretary shall require the State or Indian Tribe to submit a remediation plan under which the State or Indian Tribe shall describe how and when it plans to meet such outcome measures. ``(2) The Secretary may not award a subsequent grant under this section to a State or Indian Tribe described in paragraph (1) unless the Secretary approves the remediation plan submitted by the State of Indian Tribe. ``(o) Definitions.--In this section: ``(1) The term `county or Tribal veterans service officer' includes a local equivalent veterans service officer. Biennial report to Congress.''. ( The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes. a) In General.--Chapter 63 of title 38, United States Code, is amended-- (1) by redesignating sections 6307 and 6308 and sections 6308 and 6309, respectively; and (2) by inserting after section 6306 the following new section 6307: ``Sec. ``(c) Application.--(1) To be eligible for a grant under this section, a State or Indian Tribe shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. ``(e) Priority.--The Secretary shall prioritize awarding grants under this section that will serve the following areas: ``(1) Areas with a critical shortage of county or Tribal veterans service officers. ``(g) Required Activities.--Any grant awarded under this section shall be used-- ``(1) to expand existing programs, activities, and services; ``(2) to hire and maintain new, additional county or Tribal veterans service officers; or ``(3) for travel and transportation to facilitate carrying out paragraph (1) or (2). ``(2) Not less frequently than annually during the life of the grant program established under this section, the Secretary shall submit to Congress a report on-- ``(A) the information tracked under paragraph (1); ``(B) how the grants awarded under this section serve the unique needs of American Indian or Alaska Native veterans, elderly veterans, women veterans, and veterans from other underserved communities; and ``(C) other information provided by States and Indian Tribes pursuant to the grant reporting requirements. ``(k) Performance Review.--(1) The Secretary shall-- ``(A) review the performance of each State or Indian Tribe that receives a grant under this section; and ``(B) make information regarding such performance publicly available. ``(2) The Secretary may not award a subsequent grant under this section to a State or Indian Tribe described in paragraph (1) unless the Secretary approves the remediation plan submitted by the State of Indian Tribe. Outreach for eligible dependents. (c) Modification of Certain Housing Loan Fee.--The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking ``January 14, 2031'' each place it appears and inserting ``February 10, 2031''. ( The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes. a) In General.--Chapter 63 of title 38, United States Code, is amended-- (1) by redesignating sections 6307 and 6308 and sections 6308 and 6309, respectively; and (2) by inserting after section 6306 the following new section 6307: ``Sec. ``(c) Application.--(1) To be eligible for a grant under this section, a State or Indian Tribe shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. ``(B) A description of the programs through which the State or Indian Tribe will meet the outcome measures developed by the Secretary under subsection (i). ``(D) A plan for how the grant will be used to meet the unique needs of American Indian or Alaska Native veterans, elderly veterans, women veterans, and veterans from other underserved communities. ``(e) Priority.--The Secretary shall prioritize awarding grants under this section that will serve the following areas: ``(1) Areas with a critical shortage of county or Tribal veterans service officers. ``(g) Required Activities.--Any grant awarded under this section shall be used-- ``(1) to expand existing programs, activities, and services; ``(2) to hire and maintain new, additional county or Tribal veterans service officers; or ``(3) for travel and transportation to facilitate carrying out paragraph (1) or (2). ``(h) Other Permissible Activities.--A grant under this section may be used to provide education and training, including on-the-job training, for State, county, local, and Tribal government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain and maintain accreditation in accordance with procedures approved by the Secretary. ``(j) Tracking Requirements.--(1) With respect to each grant awarded under this section, the Secretary shall track the use of veterans benefits among the population served by the grant, including the average period of time between the date on which a veteran or other eligible claimant applies for such a benefit and the date on which the veteran or other eligible claimant receives the benefit, disaggregated by type of benefit. ``(l) Remediation Plan.--(1) In the case of a State or Indian Tribe that receives a grant under this section and does not meet the outcome measures developed by the Secretary under subsection (i), the Secretary shall require the State or Indian Tribe to submit a remediation plan under which the State or Indian Tribe shall describe how and when it plans to meet such outcome measures. ``(2) The Secretary may not award a subsequent grant under this section to a State or Indian Tribe described in paragraph (1) unless the Secretary approves the remediation plan submitted by the State of Indian Tribe. ``(o) Definitions.--In this section: ``(1) The term `county or Tribal veterans service officer' includes a local equivalent veterans service officer. Biennial report to Congress.''. ( The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes. a) In General.--Chapter 63 of title 38, United States Code, is amended-- (1) by redesignating sections 6307 and 6308 and sections 6308 and 6309, respectively; and (2) by inserting after section 6306 the following new section 6307: ``Sec. ``(c) Application.--(1) To be eligible for a grant under this section, a State or Indian Tribe shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. ``(e) Priority.--The Secretary shall prioritize awarding grants under this section that will serve the following areas: ``(1) Areas with a critical shortage of county or Tribal veterans service officers. ``(g) Required Activities.--Any grant awarded under this section shall be used-- ``(1) to expand existing programs, activities, and services; ``(2) to hire and maintain new, additional county or Tribal veterans service officers; or ``(3) for travel and transportation to facilitate carrying out paragraph (1) or (2). ``(2) Not less frequently than annually during the life of the grant program established under this section, the Secretary shall submit to Congress a report on-- ``(A) the information tracked under paragraph (1); ``(B) how the grants awarded under this section serve the unique needs of American Indian or Alaska Native veterans, elderly veterans, women veterans, and veterans from other underserved communities; and ``(C) other information provided by States and Indian Tribes pursuant to the grant reporting requirements. ``(k) Performance Review.--(1) The Secretary shall-- ``(A) review the performance of each State or Indian Tribe that receives a grant under this section; and ``(B) make information regarding such performance publicly available. ``(2) The Secretary may not award a subsequent grant under this section to a State or Indian Tribe described in paragraph (1) unless the Secretary approves the remediation plan submitted by the State of Indian Tribe. Outreach for eligible dependents. (c) Modification of Certain Housing Loan Fee.--The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking ``January 14, 2031'' each place it appears and inserting ``February 10, 2031''. ( The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes. ``(g) Required Activities.--Any grant awarded under this section shall be used-- ``(1) to expand existing programs, activities, and services; ``(2) to hire and maintain new, additional county or Tribal veterans service officers; or ``(3) for travel and transportation to facilitate carrying out paragraph (1) or (2). ``(h) Other Permissible Activities.--A grant under this section may be used to provide education and training, including on-the-job training, for State, county, local, and Tribal government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain and maintain accreditation in accordance with procedures approved by the Secretary. ``(l) Remediation Plan.--(1) In the case of a State or Indian Tribe that receives a grant under this section and does not meet the outcome measures developed by the Secretary under subsection (i), the Secretary shall require the State or Indian Tribe to submit a remediation plan under which the State or Indian Tribe shall describe how and when it plans to meet such outcome measures. ``(o) Definitions.--In this section: ``(1) The term `county or Tribal veterans service officer' includes a local equivalent veterans service officer. Biennial report to Congress.''. (

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes. ``(k) Performance Review.--(1) The Secretary shall-- ``(A) review the performance of each State or Indian Tribe that receives a grant under this section; and ``(B) make information regarding such performance publicly available. ( The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes. ``(g) Required Activities.--Any grant awarded under this section shall be used-- ``(1) to expand existing programs, activities, and services; ``(2) to hire and maintain new, additional county or Tribal veterans service officers; or ``(3) for travel and transportation to facilitate carrying out paragraph (1) or (2). ``(h) Other Permissible Activities.--A grant under this section may be used to provide education and training, including on-the-job training, for State, county, local, and Tribal government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain and maintain accreditation in accordance with procedures approved by the Secretary. ``(l) Remediation Plan.--(1) In the case of a State or Indian Tribe that receives a grant under this section and does not meet the outcome measures developed by the Secretary under subsection (i), the Secretary shall require the State or Indian Tribe to submit a remediation plan under which the State or Indian Tribe shall describe how and when it plans to meet such outcome measures. ``(o) Definitions.--In this section: ``(1) The term `county or Tribal veterans service officer' includes a local equivalent veterans service officer. Biennial report to Congress.''. (

Commitment to Veteran Support and Outreach Act - Authorizes the Secretary of Veterans Affairs to award grants to States and Indian Tribes to improve outreach to veterans, and for other purposes. (Sec. 2) Authorizes appropriations. Directs the Secretary of Veterans Affairs (VA) to: (1) review the performance of each state or Indian Tribe that receives a grant under this Act; and (2) make such performance publicly available. (Sec. 3) Requires the Secretary to report annually to Congress on the information tracked under the grant program, including how the grants serve the unique needs of American Indian or Alaska

H.R.6082

Government Operations and Politics

Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act of 2021 or the PRICE Act of 2021 This bill directs the Management Directorate of the Department of Homeland Security (DHS) to publish an annual report on a DHS website on projects that have used innovative procurement techniques within DHS to accomplish specified goals. Such goals are The Management Directorate shall (1) develop and disseminate guidance and offer training for specified personnel concerning when and how to use such techniques, and (2) share best practices across DHS and make available to other federal agencies information to improve procurement methods and training. The Office for Federal Procurement Policy shall convene a Chief Acquisition Officers Council to examine best practices for acquisition innovation in contracting in the federal government.

To promote innovative acquisition techniques and procurement strategies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act of 2021'' or the ``PRICE Act of 2021''. SEC. 2. FINDINGS. Congress finds that-- (1) small business participation in the Federal marketplace is key to ensuring a strong industrial base; (2) the Business Opportunity Development Reform Act of 1988 (Public Law 100-656) sets forth the requirement for the President to establish Governmentwide goals for procurement contracts awarded to small businesses; (3) each year, the Small Business Administration works with each Federal agency to set their respective contracting goals and publishes a scorecard to ensure that the total of all Federal agency goals meets the required targets for the Federal Government; (4) the Department has received among the highest scorecard letter grades 10 years in a row and is the largest Federal agency to have such a track record; (5) in virtually every segment of the economy of the United States, including the homeland security community, there are small businesses working to support the mission and playing a critical role in delivering efficient and innovative solutions to the acquisition needs of the Federal Government; (6) the Procurement Innovation Lab of the Department-- (A) is aimed at experimenting with innovative acquisition techniques across the Homeland Security Enterprise; (B) provides a forum to test new ideas, share lessons learned, and promote best practices; (C) fosters cultural changes that promote innovation and managed risk taking through a continuous cycle of testing, obtaining feedback, sharing information, and retesting where appropriate; and (D) aims to make the acquisition process more smooth and innovative within the construct of the Federal Acquisition Regulation for both the Federal Government and contractors; and (7) despite progress in the adoption of new and better business practices by many Federal agencies, the overall adoption of modernized business practices and advanced technologies across the Federal Government remains slow and uneven. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator for Federal Procurement Policy. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Small Business of the House of Representatives. (3) Council.--The term ``Council'' means the Chief Acquisition Officers Council established under section 1311 of title 41, United States Code. (4) Department.--The term ``Department'' means the Department of Homeland Security. (5) Homeland security enterprise.--The term ``Homeland Security Enterprise'' has the meaning given the term in section 2211(h) of the Homeland Security Act of 2002 (6 U.S.C. 661(h)). (6) Scorecard.--The term ``scorecard'' means the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note). (7) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (8) Small business.--The term ``small business'' means-- (A) a qualified HUBZone small business concern, a small business concern, a small business concern owned and controlled by service-disabled veterans, or a small business concern owned and controlled by women, as those terms are defined in section 3 of the Small Business Act (15 U.S.C. 632); (B) a small business concern owned and controlled by socially and economically disadvantaged individuals, as defined in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)); or (C) a small business concern unconditionally owned by an economically disadvantaged Indian tribe or an economically disadvantaged Native Hawaiian organization that qualifies as a socially and economically disadvantaged small business concern, as defined in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)). (9) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Management of the Department. SEC. 4. PROCUREMENT INNOVATION LAB REPORT. (a) Report.--The Under Secretary shall publish an annual report on a website of the Department on Procurement Innovation Lab projects that have used innovative techniques within the Department to accomplish-- (1) improving or encouraging better competition; (2) reducing time to award; (3) cost savings; (4) better mission outcomes; or (5) meeting the goals for contracts awarded to small business concerns under section 15(g) of the Small Business Act (15 U.S.C. 644(g)). (b) Education.--The Under Secretary shall develop and disseminate guidance and offer training for contracting officers, contracting specialists, program managers, and other personnel of the Department, as determined appropriate by the Under Secretary, concerning when and how to use the innovative procurement techniques of the Department. (c) Best Practices.--The Under Secretary shall share best practices across the Department and make available to other Federal agencies information to improve procurement methods and training, as determined appropriate by the Under Secretary. (d) Sunset.--This section shall cease to be effective on the date that is 3 years after the date of enactment of this Act. SEC. 5. COUNCIL. (a) Establishment.--Not later than 45 days after the date of enactment of this Act, the Administrator shall convene the Council to examine best practices for acquisition innovation in contracting in the Federal Government, including small business contracting in accordance with the goals established under section 15(g) of the Small Business Act (15 U.S.C. 644(g)). (b) Working Group.--The Council may form a working group to address the requirements of this section, which, if formed, shall-- (1) be chaired by the Administrator or a designee of the Administrator; and (2) be composed of-- (A) the Chief Procurement Officer of the Department; (B) Council members from-- (i) the General Services Administration; (ii) the Department of Defense; (iii) the Department of the Treasury; (iv) the Department of Veterans Affairs; (v) the Department of Health and Human Services; (vi) the Small Business Administration; and (vii) such other Federal agencies as determined by the chair of the Council from among Federal agencies that have demonstrated significant, sustained progress using innovative acquisition practices and technologies, including for small business contracting, during each of the 3 years preceding the date of enactment of this Act; and (C) other employees, as determined appropriate by the chair of the Council, of Federal agencies with the requisite senior experience to make recommendations to improve Federal agency efficiency, effectiveness, and economy, including in promoting small business contracting. (c) Duties of the Council.--The Council, or a working group formed under subsection (b), shall-- (1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and (2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1). (d) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Council shall submit to the appropriate congressional committees a report that describes-- (A) innovative acquisition practices and applications of technologies that have worked well in achieving better procurement outcomes, including increased efficiency, improved program outcomes, better customer experience, and meeting or exceeding the goals under section 15(g) of the Small Business Act (15 U.S.C. 644(g)), and the reasons why those practices have succeeded; (B) steps to identify and adopt transformational commercial business practices, modernized data analytics, and advanced technologies that allow decision making to occur in a more friction-free buying environment and improve customer experience; and (C) any recommendations for statutory changes to accelerate the adoption of innovative acquisition practices. (2) Briefing.--Not later than 18 months after the date of enactment of this Act, the Administrator shall brief the appropriate congressional committees on the means by which the findings and recommendations of the report have been disseminated under paragraph (3). (3) Publication and dissemination of report findings.--To promote more rapid adoption of acquisition best practices, the Administrator shall-- (A) publish the report required under paragraph (1) on the website of the Office of Management and Budget and on the Innovation Hub on the Acquisition Gateway or any successor Governmentwide site available for increasing awareness of resources dedicated to procurement innovation; and (B) encourage the head of each Federal agency to maintain a site on the website of the Federal agency for acquisition and contracting professionals, program managers, members of the public, and others as appropriate that is-- (i) dedicated to acquisition innovation; and (ii) identifies-- (I) resources, including the acquisition innovation advocate and industry liaison of the Federal agency; (II) learning assets for the workforce, including the findings and recommendations made in the report required under paragraph (1); (III) events to build awareness and understanding of innovation activities; (IV) award recognition programs and recent recipients; and (V) upcoming plans to leverage innovative practices and technologies. (e) Experts.--In carrying out the duties of the Council under this section, the Council is encouraged to consult with governmental and nongovernmental experts. (f) Termination.--The duties of the Council as set forth in this section shall terminate 30 days after the date on which the Council conducts the briefing required under subsection (d)(2). <all>

PRICE Act of 2021

To promote innovative acquisition techniques and procurement strategies, and for other purposes.

PRICE Act of 2021 Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act of 2021

Rep. Neguse, Joe

D

CO

This bill directs the Management Directorate of the Department of Homeland Security (DHS) to publish an annual report on a DHS website on projects that have used innovative procurement techniques within DHS to accomplish specified goals. Such goals are The Management Directorate shall (1) develop and disseminate guidance and offer training for specified personnel concerning when and how to use such techniques, and (2) share best practices across DHS and make available to other federal agencies information to improve procurement methods and training. The Office for Federal Procurement Policy shall convene a Chief Acquisition Officers Council to examine best practices for acquisition innovation in contracting in the federal government.

To promote innovative acquisition techniques and procurement strategies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act of 2021'' or the ``PRICE Act of 2021''. 2. FINDINGS. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator for Federal Procurement Policy. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Small Business of the House of Representatives. (4) Department.--The term ``Department'' means the Department of Homeland Security. 661(h)). (6) Scorecard.--The term ``scorecard'' means the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. (8) Small business.--The term ``small business'' means-- (A) a qualified HUBZone small business concern, a small business concern, a small business concern owned and controlled by service-disabled veterans, or a small business concern owned and controlled by women, as those terms are defined in section 3 of the Small Business Act (15 U.S.C. 637(a)(4)). PROCUREMENT INNOVATION LAB REPORT. (b) Education.--The Under Secretary shall develop and disseminate guidance and offer training for contracting officers, contracting specialists, program managers, and other personnel of the Department, as determined appropriate by the Under Secretary, concerning when and how to use the innovative procurement techniques of the Department. (c) Best Practices.--The Under Secretary shall share best practices across the Department and make available to other Federal agencies information to improve procurement methods and training, as determined appropriate by the Under Secretary. (d) Sunset.--This section shall cease to be effective on the date that is 3 years after the date of enactment of this Act. SEC. 5. COUNCIL. 644(g)). (c) Duties of the Council.--The Council, or a working group formed under subsection (b), shall-- (1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and (2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1). 644(g)), and the reasons why those practices have succeeded; (B) steps to identify and adopt transformational commercial business practices, modernized data analytics, and advanced technologies that allow decision making to occur in a more friction-free buying environment and improve customer experience; and (C) any recommendations for statutory changes to accelerate the adoption of innovative acquisition practices.

To promote innovative acquisition techniques and procurement strategies, and for other purposes. SHORT TITLE. 2. FINDINGS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator for Federal Procurement Policy. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Small Business of the House of Representatives. (4) Department.--The term ``Department'' means the Department of Homeland Security. 661(h)). (6) Scorecard.--The term ``scorecard'' means the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. (8) Small business.--The term ``small business'' means-- (A) a qualified HUBZone small business concern, a small business concern, a small business concern owned and controlled by service-disabled veterans, or a small business concern owned and controlled by women, as those terms are defined in section 3 of the Small Business Act (15 U.S.C. PROCUREMENT INNOVATION LAB REPORT. (b) Education.--The Under Secretary shall develop and disseminate guidance and offer training for contracting officers, contracting specialists, program managers, and other personnel of the Department, as determined appropriate by the Under Secretary, concerning when and how to use the innovative procurement techniques of the Department. (c) Best Practices.--The Under Secretary shall share best practices across the Department and make available to other Federal agencies information to improve procurement methods and training, as determined appropriate by the Under Secretary. (d) Sunset.--This section shall cease to be effective on the date that is 3 years after the date of enactment of this Act. SEC. 5. COUNCIL. 644(g)). (c) Duties of the Council.--The Council, or a working group formed under subsection (b), shall-- (1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and (2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1).

To promote innovative acquisition techniques and procurement strategies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act of 2021'' or the ``PRICE Act of 2021''. 2. FINDINGS. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator for Federal Procurement Policy. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Small Business of the House of Representatives. (4) Department.--The term ``Department'' means the Department of Homeland Security. 661(h)). (6) Scorecard.--The term ``scorecard'' means the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. (8) Small business.--The term ``small business'' means-- (A) a qualified HUBZone small business concern, a small business concern, a small business concern owned and controlled by service-disabled veterans, or a small business concern owned and controlled by women, as those terms are defined in section 3 of the Small Business Act (15 U.S.C. 637(d)(3)(C)); or (C) a small business concern unconditionally owned by an economically disadvantaged Indian tribe or an economically disadvantaged Native Hawaiian organization that qualifies as a socially and economically disadvantaged small business concern, as defined in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)). PROCUREMENT INNOVATION LAB REPORT. (b) Education.--The Under Secretary shall develop and disseminate guidance and offer training for contracting officers, contracting specialists, program managers, and other personnel of the Department, as determined appropriate by the Under Secretary, concerning when and how to use the innovative procurement techniques of the Department. (c) Best Practices.--The Under Secretary shall share best practices across the Department and make available to other Federal agencies information to improve procurement methods and training, as determined appropriate by the Under Secretary. (d) Sunset.--This section shall cease to be effective on the date that is 3 years after the date of enactment of this Act. SEC. 5. COUNCIL. 644(g)). (c) Duties of the Council.--The Council, or a working group formed under subsection (b), shall-- (1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and (2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1). 644(g)), and the reasons why those practices have succeeded; (B) steps to identify and adopt transformational commercial business practices, modernized data analytics, and advanced technologies that allow decision making to occur in a more friction-free buying environment and improve customer experience; and (C) any recommendations for statutory changes to accelerate the adoption of innovative acquisition practices. (3) Publication and dissemination of report findings.--To promote more rapid adoption of acquisition best practices, the Administrator shall-- (A) publish the report required under paragraph (1) on the website of the Office of Management and Budget and on the Innovation Hub on the Acquisition Gateway or any successor Governmentwide site available for increasing awareness of resources dedicated to procurement innovation; and (B) encourage the head of each Federal agency to maintain a site on the website of the Federal agency for acquisition and contracting professionals, program managers, members of the public, and others as appropriate that is-- (i) dedicated to acquisition innovation; and (ii) identifies-- (I) resources, including the acquisition innovation advocate and industry liaison of the Federal agency; (II) learning assets for the workforce, including the findings and recommendations made in the report required under paragraph (1); (III) events to build awareness and understanding of innovation activities; (IV) award recognition programs and recent recipients; and (V) upcoming plans to leverage innovative practices and technologies.

To promote innovative acquisition techniques and procurement strategies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act of 2021'' or the ``PRICE Act of 2021''. 2. FINDINGS. Congress finds that-- (1) small business participation in the Federal marketplace is key to ensuring a strong industrial base; (2) the Business Opportunity Development Reform Act of 1988 (Public Law 100-656) sets forth the requirement for the President to establish Governmentwide goals for procurement contracts awarded to small businesses; (3) each year, the Small Business Administration works with each Federal agency to set their respective contracting goals and publishes a scorecard to ensure that the total of all Federal agency goals meets the required targets for the Federal Government; (4) the Department has received among the highest scorecard letter grades 10 years in a row and is the largest Federal agency to have such a track record; (5) in virtually every segment of the economy of the United States, including the homeland security community, there are small businesses working to support the mission and playing a critical role in delivering efficient and innovative solutions to the acquisition needs of the Federal Government; (6) the Procurement Innovation Lab of the Department-- (A) is aimed at experimenting with innovative acquisition techniques across the Homeland Security Enterprise; (B) provides a forum to test new ideas, share lessons learned, and promote best practices; (C) fosters cultural changes that promote innovation and managed risk taking through a continuous cycle of testing, obtaining feedback, sharing information, and retesting where appropriate; and (D) aims to make the acquisition process more smooth and innovative within the construct of the Federal Acquisition Regulation for both the Federal Government and contractors; and (7) despite progress in the adoption of new and better business practices by many Federal agencies, the overall adoption of modernized business practices and advanced technologies across the Federal Government remains slow and uneven. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator for Federal Procurement Policy. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Small Business of the House of Representatives. (4) Department.--The term ``Department'' means the Department of Homeland Security. 661(h)). (6) Scorecard.--The term ``scorecard'' means the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. (8) Small business.--The term ``small business'' means-- (A) a qualified HUBZone small business concern, a small business concern, a small business concern owned and controlled by service-disabled veterans, or a small business concern owned and controlled by women, as those terms are defined in section 3 of the Small Business Act (15 U.S.C. 637(d)(3)(C)); or (C) a small business concern unconditionally owned by an economically disadvantaged Indian tribe or an economically disadvantaged Native Hawaiian organization that qualifies as a socially and economically disadvantaged small business concern, as defined in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)). PROCUREMENT INNOVATION LAB REPORT. (b) Education.--The Under Secretary shall develop and disseminate guidance and offer training for contracting officers, contracting specialists, program managers, and other personnel of the Department, as determined appropriate by the Under Secretary, concerning when and how to use the innovative procurement techniques of the Department. (c) Best Practices.--The Under Secretary shall share best practices across the Department and make available to other Federal agencies information to improve procurement methods and training, as determined appropriate by the Under Secretary. (d) Sunset.--This section shall cease to be effective on the date that is 3 years after the date of enactment of this Act. SEC. 5. COUNCIL. 644(g)). (c) Duties of the Council.--The Council, or a working group formed under subsection (b), shall-- (1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and (2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1). 644(g)), and the reasons why those practices have succeeded; (B) steps to identify and adopt transformational commercial business practices, modernized data analytics, and advanced technologies that allow decision making to occur in a more friction-free buying environment and improve customer experience; and (C) any recommendations for statutory changes to accelerate the adoption of innovative acquisition practices. (3) Publication and dissemination of report findings.--To promote more rapid adoption of acquisition best practices, the Administrator shall-- (A) publish the report required under paragraph (1) on the website of the Office of Management and Budget and on the Innovation Hub on the Acquisition Gateway or any successor Governmentwide site available for increasing awareness of resources dedicated to procurement innovation; and (B) encourage the head of each Federal agency to maintain a site on the website of the Federal agency for acquisition and contracting professionals, program managers, members of the public, and others as appropriate that is-- (i) dedicated to acquisition innovation; and (ii) identifies-- (I) resources, including the acquisition innovation advocate and industry liaison of the Federal agency; (II) learning assets for the workforce, including the findings and recommendations made in the report required under paragraph (1); (III) events to build awareness and understanding of innovation activities; (IV) award recognition programs and recent recipients; and (V) upcoming plans to leverage innovative practices and technologies. (e) Experts.--In carrying out the duties of the Council under this section, the Council is encouraged to consult with governmental and nongovernmental experts.

To promote innovative acquisition techniques and procurement strategies, and 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) Administrator.--The term ``Administrator'' means the Administrator for Federal Procurement Policy. ( 3) Council.--The term ``Council'' means the Chief Acquisition Officers Council established under section 1311 of title 41, United States Code. ( 632); (B) a small business concern owned and controlled by socially and economically disadvantaged individuals, as defined in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)); or (C) a small business concern unconditionally owned by an economically disadvantaged Indian tribe or an economically disadvantaged Native Hawaiian organization that qualifies as a socially and economically disadvantaged small business concern, as defined in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)). ( a) Report.--The Under Secretary shall publish an annual report on a website of the Department on Procurement Innovation Lab projects that have used innovative techniques within the Department to accomplish-- (1) improving or encouraging better competition; (2) reducing time to award; (3) cost savings; (4) better mission outcomes; or (5) meeting the goals for contracts awarded to small business concerns under section 15(g) of the Small Business Act (15 U.S.C. 644(g)). ( (c) Best Practices.--The Under Secretary shall share best practices across the Department and make available to other Federal agencies information to improve procurement methods and training, as determined appropriate by the Under Secretary. ( a) Establishment.--Not later than 45 days after the date of enactment of this Act, the Administrator shall convene the Council to examine best practices for acquisition innovation in contracting in the Federal Government, including small business contracting in accordance with the goals established under section 15(g) of the Small Business Act (15 U.S.C. 644(g)). c) Duties of the Council.--The Council, or a working group formed under subsection (b), shall-- (1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and (2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1). 2) Briefing.--Not later than 18 months after the date of enactment of this Act, the Administrator shall brief the appropriate congressional committees on the means by which the findings and recommendations of the report have been disseminated under paragraph (3). e) Experts.--In carrying out the duties of the Council under this section, the Council is encouraged to consult with governmental and nongovernmental experts. ( f) Termination.--The duties of the Council as set forth in this section shall terminate 30 days after the date on which the Council conducts the briefing required under subsection (d)(2).

To promote innovative acquisition techniques and procurement strategies, and for other purposes. This Act may be cited as the ``Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act of 2021'' or the ``PRICE Act of 2021''. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Small Business of the House of Representatives. ( 3) Council.--The term ``Council'' means the Chief Acquisition Officers Council established under section 1311 of title 41, United States Code. ( (a) Report.--The Under Secretary shall publish an annual report on a website of the Department on Procurement Innovation Lab projects that have used innovative techniques within the Department to accomplish-- (1) improving or encouraging better competition; (2) reducing time to award; (3) cost savings; (4) better mission outcomes; or (5) meeting the goals for contracts awarded to small business concerns under section 15(g) of the Small Business Act (15 U.S.C. 644(g)). ( b) Education.--The Under Secretary shall develop and disseminate guidance and offer training for contracting officers, contracting specialists, program managers, and other personnel of the Department, as determined appropriate by the Under Secretary, concerning when and how to use the innovative procurement techniques of the Department. ( c) Duties of the Council.--The Council, or a working group formed under subsection (b), shall-- (1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and (2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1). ( (2) Briefing.--Not later than 18 months after the date of enactment of this Act, the Administrator shall brief the appropriate congressional committees on the means by which the findings and recommendations of the report have been disseminated under paragraph (3). ( e) Experts.--In carrying out the duties of the Council under this section, the Council is encouraged to consult with governmental and nongovernmental experts. (

To promote innovative acquisition techniques and procurement strategies, and for other purposes. This Act may be cited as the ``Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act of 2021'' or the ``PRICE Act of 2021''. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Small Business of the House of Representatives. ( 3) Council.--The term ``Council'' means the Chief Acquisition Officers Council established under section 1311 of title 41, United States Code. ( (a) Report.--The Under Secretary shall publish an annual report on a website of the Department on Procurement Innovation Lab projects that have used innovative techniques within the Department to accomplish-- (1) improving or encouraging better competition; (2) reducing time to award; (3) cost savings; (4) better mission outcomes; or (5) meeting the goals for contracts awarded to small business concerns under section 15(g) of the Small Business Act (15 U.S.C. 644(g)). ( b) Education.--The Under Secretary shall develop and disseminate guidance and offer training for contracting officers, contracting specialists, program managers, and other personnel of the Department, as determined appropriate by the Under Secretary, concerning when and how to use the innovative procurement techniques of the Department. ( c) Duties of the Council.--The Council, or a working group formed under subsection (b), shall-- (1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and (2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1). ( (2) Briefing.--Not later than 18 months after the date of enactment of this Act, the Administrator shall brief the appropriate congressional committees on the means by which the findings and recommendations of the report have been disseminated under paragraph (3). ( e) Experts.--In carrying out the duties of the Council under this section, the Council is encouraged to consult with governmental and nongovernmental experts. (

To promote innovative acquisition techniques and procurement strategies, and 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) Administrator.--The term ``Administrator'' means the Administrator for Federal Procurement Policy. ( 3) Council.--The term ``Council'' means the Chief Acquisition Officers Council established under section 1311 of title 41, United States Code. ( 632); (B) a small business concern owned and controlled by socially and economically disadvantaged individuals, as defined in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)); or (C) a small business concern unconditionally owned by an economically disadvantaged Indian tribe or an economically disadvantaged Native Hawaiian organization that qualifies as a socially and economically disadvantaged small business concern, as defined in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)). ( a) Report.--The Under Secretary shall publish an annual report on a website of the Department on Procurement Innovation Lab projects that have used innovative techniques within the Department to accomplish-- (1) improving or encouraging better competition; (2) reducing time to award; (3) cost savings; (4) better mission outcomes; or (5) meeting the goals for contracts awarded to small business concerns under section 15(g) of the Small Business Act (15 U.S.C. 644(g)). ( (c) Best Practices.--The Under Secretary shall share best practices across the Department and make available to other Federal agencies information to improve procurement methods and training, as determined appropriate by the Under Secretary. ( a) Establishment.--Not later than 45 days after the date of enactment of this Act, the Administrator shall convene the Council to examine best practices for acquisition innovation in contracting in the Federal Government, including small business contracting in accordance with the goals established under section 15(g) of the Small Business Act (15 U.S.C. 644(g)). c) Duties of the Council.--The Council, or a working group formed under subsection (b), shall-- (1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and (2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1). 2) Briefing.--Not later than 18 months after the date of enactment of this Act, the Administrator shall brief the appropriate congressional committees on the means by which the findings and recommendations of the report have been disseminated under paragraph (3). e) Experts.--In carrying out the duties of the Council under this section, the Council is encouraged to consult with governmental and nongovernmental experts. ( f) Termination.--The duties of the Council as set forth in this section shall terminate 30 days after the date on which the Council conducts the briefing required under subsection (d)(2).

To promote innovative acquisition techniques and procurement strategies, and for other purposes. This Act may be cited as the ``Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act of 2021'' or the ``PRICE Act of 2021''. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Small Business of the House of Representatives. ( 3) Council.--The term ``Council'' means the Chief Acquisition Officers Council established under section 1311 of title 41, United States Code. ( (a) Report.--The Under Secretary shall publish an annual report on a website of the Department on Procurement Innovation Lab projects that have used innovative techniques within the Department to accomplish-- (1) improving or encouraging better competition; (2) reducing time to award; (3) cost savings; (4) better mission outcomes; or (5) meeting the goals for contracts awarded to small business concerns under section 15(g) of the Small Business Act (15 U.S.C. 644(g)). ( b) Education.--The Under Secretary shall develop and disseminate guidance and offer training for contracting officers, contracting specialists, program managers, and other personnel of the Department, as determined appropriate by the Under Secretary, concerning when and how to use the innovative procurement techniques of the Department. ( c) Duties of the Council.--The Council, or a working group formed under subsection (b), shall-- (1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and (2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1). ( (2) Briefing.--Not later than 18 months after the date of enactment of this Act, the Administrator shall brief the appropriate congressional committees on the means by which the findings and recommendations of the report have been disseminated under paragraph (3). ( e) Experts.--In carrying out the duties of the Council under this section, the Council is encouraged to consult with governmental and nongovernmental experts. (

To promote innovative acquisition techniques and procurement strategies, and 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) Administrator.--The term ``Administrator'' means the Administrator for Federal Procurement Policy. ( 3) Council.--The term ``Council'' means the Chief Acquisition Officers Council established under section 1311 of title 41, United States Code. ( 632); (B) a small business concern owned and controlled by socially and economically disadvantaged individuals, as defined in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)); or (C) a small business concern unconditionally owned by an economically disadvantaged Indian tribe or an economically disadvantaged Native Hawaiian organization that qualifies as a socially and economically disadvantaged small business concern, as defined in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)). ( a) Report.--The Under Secretary shall publish an annual report on a website of the Department on Procurement Innovation Lab projects that have used innovative techniques within the Department to accomplish-- (1) improving or encouraging better competition; (2) reducing time to award; (3) cost savings; (4) better mission outcomes; or (5) meeting the goals for contracts awarded to small business concerns under section 15(g) of the Small Business Act (15 U.S.C. 644(g)). ( (c) Best Practices.--The Under Secretary shall share best practices across the Department and make available to other Federal agencies information to improve procurement methods and training, as determined appropriate by the Under Secretary. ( a) Establishment.--Not later than 45 days after the date of enactment of this Act, the Administrator shall convene the Council to examine best practices for acquisition innovation in contracting in the Federal Government, including small business contracting in accordance with the goals established under section 15(g) of the Small Business Act (15 U.S.C. 644(g)). c) Duties of the Council.--The Council, or a working group formed under subsection (b), shall-- (1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and (2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1). 2) Briefing.--Not later than 18 months after the date of enactment of this Act, the Administrator shall brief the appropriate congressional committees on the means by which the findings and recommendations of the report have been disseminated under paragraph (3). e) Experts.--In carrying out the duties of the Council under this section, the Council is encouraged to consult with governmental and nongovernmental experts. ( f) Termination.--The duties of the Council as set forth in this section shall terminate 30 days after the date on which the Council conducts the briefing required under subsection (d)(2).

To promote innovative acquisition techniques and procurement strategies, and for other purposes. This Act may be cited as the ``Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act of 2021'' or the ``PRICE Act of 2021''. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Small Business of the House of Representatives. ( 3) Council.--The term ``Council'' means the Chief Acquisition Officers Council established under section 1311 of title 41, United States Code. ( (a) Report.--The Under Secretary shall publish an annual report on a website of the Department on Procurement Innovation Lab projects that have used innovative techniques within the Department to accomplish-- (1) improving or encouraging better competition; (2) reducing time to award; (3) cost savings; (4) better mission outcomes; or (5) meeting the goals for contracts awarded to small business concerns under section 15(g) of the Small Business Act (15 U.S.C. 644(g)). ( b) Education.--The Under Secretary shall develop and disseminate guidance and offer training for contracting officers, contracting specialists, program managers, and other personnel of the Department, as determined appropriate by the Under Secretary, concerning when and how to use the innovative procurement techniques of the Department. ( c) Duties of the Council.--The Council, or a working group formed under subsection (b), shall-- (1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and (2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1). ( (2) Briefing.--Not later than 18 months after the date of enactment of this Act, the Administrator shall brief the appropriate congressional committees on the means by which the findings and recommendations of the report have been disseminated under paragraph (3). ( e) Experts.--In carrying out the duties of the Council under this section, the Council is encouraged to consult with governmental and nongovernmental experts. (

To promote innovative acquisition techniques and procurement strategies, and 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) Administrator.--The term ``Administrator'' means the Administrator for Federal Procurement Policy. ( 3) Council.--The term ``Council'' means the Chief Acquisition Officers Council established under section 1311 of title 41, United States Code. ( 632); (B) a small business concern owned and controlled by socially and economically disadvantaged individuals, as defined in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)); or (C) a small business concern unconditionally owned by an economically disadvantaged Indian tribe or an economically disadvantaged Native Hawaiian organization that qualifies as a socially and economically disadvantaged small business concern, as defined in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)). ( a) Report.--The Under Secretary shall publish an annual report on a website of the Department on Procurement Innovation Lab projects that have used innovative techniques within the Department to accomplish-- (1) improving or encouraging better competition; (2) reducing time to award; (3) cost savings; (4) better mission outcomes; or (5) meeting the goals for contracts awarded to small business concerns under section 15(g) of the Small Business Act (15 U.S.C. 644(g)). ( (c) Best Practices.--The Under Secretary shall share best practices across the Department and make available to other Federal agencies information to improve procurement methods and training, as determined appropriate by the Under Secretary. ( a) Establishment.--Not later than 45 days after the date of enactment of this Act, the Administrator shall convene the Council to examine best practices for acquisition innovation in contracting in the Federal Government, including small business contracting in accordance with the goals established under section 15(g) of the Small Business Act (15 U.S.C. 644(g)). c) Duties of the Council.--The Council, or a working group formed under subsection (b), shall-- (1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and (2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1). 2) Briefing.--Not later than 18 months after the date of enactment of this Act, the Administrator shall brief the appropriate congressional committees on the means by which the findings and recommendations of the report have been disseminated under paragraph (3). e) Experts.--In carrying out the duties of the Council under this section, the Council is encouraged to consult with governmental and nongovernmental experts. ( f) Termination.--The duties of the Council as set forth in this section shall terminate 30 days after the date on which the Council conducts the briefing required under subsection (d)(2).

To promote innovative acquisition techniques and procurement strategies, and for other purposes. This Act may be cited as the ``Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act of 2021'' or the ``PRICE Act of 2021''. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Small Business of the House of Representatives. ( 3) Council.--The term ``Council'' means the Chief Acquisition Officers Council established under section 1311 of title 41, United States Code. ( (a) Report.--The Under Secretary shall publish an annual report on a website of the Department on Procurement Innovation Lab projects that have used innovative techniques within the Department to accomplish-- (1) improving or encouraging better competition; (2) reducing time to award; (3) cost savings; (4) better mission outcomes; or (5) meeting the goals for contracts awarded to small business concerns under section 15(g) of the Small Business Act (15 U.S.C. 644(g)). ( b) Education.--The Under Secretary shall develop and disseminate guidance and offer training for contracting officers, contracting specialists, program managers, and other personnel of the Department, as determined appropriate by the Under Secretary, concerning when and how to use the innovative procurement techniques of the Department. ( c) Duties of the Council.--The Council, or a working group formed under subsection (b), shall-- (1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and (2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1). ( (2) Briefing.--Not later than 18 months after the date of enactment of this Act, the Administrator shall brief the appropriate congressional committees on the means by which the findings and recommendations of the report have been disseminated under paragraph (3). ( e) Experts.--In carrying out the duties of the Council under this section, the Council is encouraged to consult with governmental and nongovernmental experts. (

To promote innovative acquisition techniques and procurement strategies, and for other purposes. a) Report.--The Under Secretary shall publish an annual report on a website of the Department on Procurement Innovation Lab projects that have used innovative techniques within the Department to accomplish-- (1) improving or encouraging better competition; (2) reducing time to award; (3) cost savings; (4) better mission outcomes; or (5) meeting the goals for contracts awarded to small business concerns under section 15(g) of the Small Business Act (15 U.S.C. 644(g)). ( (c) Best Practices.--The Under Secretary shall share best practices across the Department and make available to other Federal agencies information to improve procurement methods and training, as determined appropriate by the Under Secretary. ( c) Duties of the Council.--The Council, or a working group formed under subsection (b), shall-- (1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and (2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1). ( f) Termination.--The duties of the Council as set forth in this section shall terminate 30 days after the date on which the Council conducts the briefing required under subsection (d)(2).

Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act of 2021 or the PRICE Act This bill directs the Department of Homeland Security (DHS) to publish an annual report on innovative procurement techniques and procurement strategies that have the potential to reduce costs and improve competition within the DHS enterprise. DHS must: (1) establish a Procure Directs the Administrator of the Office of Management and Budget (OMB) to: (1) publish the report on the OMB website and on the Innovation Hub on the Acquisition Gateway or any successor Governmentwide site available for increasing awareness of resources dedicated to procurement innovation; and (2) encourage the head of each federal agency to maintain a site on the agency's website dedicated to acquisition

S.104

Health

Improving Social Determinants of Health Act of 2021 This bill requires the Centers for Disease Control and Prevention (CDC) to establish a program to improve health outcomes and reduce health inequities by, for example, coordinating activities across the CDC. As part of the program, the CDC must award grants to eligible organizations to build capacity to address social determinants of health. The CDC shall provide for an independent evaluation of certain grants and report findings to Congress.

To authorize the Director of the Centers for Disease Control and Prevention to carry out a Social Determinants of Health 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 ``Improving Social Determinants of Health Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Healthy People 2030 defines social determinants of health as conditions in the environments where people are born, live, learn, work, play, worship, and age that affect a wide range of health, functioning, and quality-of-life outcomes and risks. (2) One of the overarching goals of Healthy People 2030 is to ``create social, physical, and economic environments that promote attaining the full potential for health and well-being for all''. (3) Healthy People 2030 developed a ``place-based'' organizing framework, reflecting five key areas of social determinants of health namely-- (A) economic stability; (B) education access and quality; (C) social and community context; (D) health care access and quality; and (E) neighborhood and built environment. (4) It is estimated that medical care accounts for only 10 to 20 percent of the modifiable contributors to healthy outcomes for a population. (5) The Centers for Medicare & Medicaid Services has indicated the importance of the social determinants in its work stating that, ``As we seek to foster innovation, rethink rural health, find solutions to the opioid epidemic, and continue to put patients first, we need to take into account social determinants of health and recognize their importance.''. (6) The Department of Health and Human Services' Public Health 3.0 initiative recognizes the role of public health in working across sectors on social determinants of health, as well as the role of public health as chief health strategist in communities. (7) Through its Health Impact in 5 Years initiative, the Centers for Disease Control and Prevention has highlighted nonclinical, community-wide approaches that show positive health impacts, results within five years, and cost effectiveness or cost savings over the lifetime of the population or earlier. (8) Health departments and the Centers for Disease Control and Prevention are not funded for such cross-cutting work. SEC. 3. SOCIAL DETERMINANTS OF HEALTH PROGRAM. (a) Program.--To the extent and in the amounts made available in advance in appropriations Acts, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (in this Act referred to as the ``Director''), shall carry out a program, to be known as the Social Determinants of Health Program (in this Act referred to as the ``Program''), to achieve the following goals: (1) Improve health outcomes and reduce health inequities by coordinating social determinants of health activities across the Centers for Disease Control and Prevention. (2) Improve the capacity of public health agencies and community organizations to address social determinants of health in communities. (b) Activities.--To achieve the goals listed in subsection (a), the Director shall carry out activities including the following: (1) Coordinating across the Centers for Disease Control and Prevention to ensure that relevant programs consider and incorporate social determinants of health in grant awards and other activities. (2) Awarding grants under section 4 to State, local, territorial, and Tribal health departments and organizations, and to other eligible entities, to address social determinants of health in target communities. (3) Awarding grants under section 5 to nonprofit organizations and public or other nonprofit institutions of higher education-- (A) to conduct research on best practices to improve social determinants of health; (B) to provide technical assistance, training, and evaluation assistance to grantees under section 4; and (C) to disseminate best practices to grantees under section 4. (4) Coordinating, supporting, and aligning activities of the Centers for Disease Control and Prevention related to social determinants of health with activities of other Federal agencies related to social determinants of health, including such activities of agencies in the Department of Health and Human Services such as the Centers for Medicare & Medicaid Services. (5) Collecting and analyzing data related to the social determinants of health. SEC. 4. GRANTS TO ADDRESS SOCIAL DETERMINANTS OF HEALTH. (a) In General.--The Director, as part of the Program, shall award grants to eligible entities to address social determinants of health in their communities. (b) Eligibility.--To be eligible to apply for a grant under this section, an entity shall be-- (1) a State, local, territorial, or Tribal health agency or organization; (2) a qualified nongovernmental entity, as defined by the Director; or (3) a consortium of entities that includes a State, local, territorial, or Tribal health agency or organization. (c) Use of Funds.-- (1) In general.--A grant under this section shall be used to address social determinants of health in a target community by designing and implementing innovative, evidence-based, cross-sector strategies. (2) Target community.--For purposes of this section, a target community shall be a State, county, city, Tribe, or other municipality. (d) Priority and Set Aside.-- (1) Priority.--In awarding grants under this section, the Director shall prioritize applicants proposing to serve target communities with significant unmet health and social needs, as defined by the Director. (2) Set aside.--The Director shall set aside 5 percent of amounts appropriated to carry out this section in each fiscal year to award grants to Indian Tribes and Tribal organizations. (e) Application.--To seek a grant under this section, an eligible entity shall-- (1) submit an application at such time, in such manner, and containing such information as the Director may require; (2) propose a set of activities to address social determinants of health through evidence-based, cross-sector strategies, which activities may include-- (A) collecting quantifiable data from health care, social services, and other entities regarding the most significant gaps in health-promoting social, economic, and environmental needs; (B) identifying evidence-based approaches to meeting the nonmedical, social needs of populations identified by data collection described in subparagraph (A), such as unstable housing or food insecurity; (C) developing scalable methods to meet patients' social needs identified in clinical settings or other sites; (D) convening entities such as local and State governmental and nongovernmental organizations, health systems, payors, and community-based organizations to review, plan, and implement community-wide interventions and strategies to advance health- promoting social conditions; (E) monitoring and evaluating the impact of activities funded through the grant on the health and well-being of the residents of the target community and on the cost of health care; and (F) such other activities as may be specified by the Director; (3) demonstrate how the eligible entity will collaborate with-- (A) health systems; (B) payors, including, as appropriate, Medicaid managed care organizations (as defined in section 1903(m)(1)(A) of the Social Security Act (42 U.S.C. 1396b(m)(1)(A))), Medicare Advantage plans under part C of title XVIII of such Act (42 U.S.C. 1395w-21 et seq.), and health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act); (C) other relevant stakeholders and initiatives in areas of need, such as the Accountable Health Communities Model of the Centers for Medicare & Medicaid Services, health homes under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), community-based organizations, and human services organizations; (D) other non-health care sector organizations, including organizations focusing on transportation, housing, or food access; and (E) local employers; and (4) identify key health inequities in the target community and demonstrate how the proposed efforts of the eligible entity would address such inequities. (f) Monitoring and Evaluation.--As a condition of receipt of a grant under this section, a grantee shall agree to submit an annual report to the Director describing the activities carried out through the grant and the outcomes of such activities. (g) Independent National Evaluation.-- (1) In general.--Not later than 5 years after the first grants are awarded under this section, the Director shall provide for the commencement of an independent national evaluation of the Program under this section. (2) Report to congress.--Not later than 60 days after receiving the results of such independent national evaluation, the Director shall report such results to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. SEC. 5. RESEARCH AND TRAINING. The Director, as part of the Program-- (1) shall award grants to nonprofit organizations and public or other nonprofit institutions of higher education-- (A) to conduct research on best practices to improve social determinants of health; (B) to provide technical assistance, training, and evaluation assistance to grantees under section 4; and (C) to disseminate best practices to grantees under section 4; and (2) may require a grantee under paragraph (1) to provide technical assistance and capacity building to entities that are eligible entities under section 4 but not receiving funds through such section. SEC. 6. FUNDING. (a) In General.--There is authorized to be appropriated to carry out this Act, $50,000,000 for each of fiscal years 2021 through 2026. (b) Allocation.--Of the amount made available to carry out this Act for a fiscal year, not less than 75 percent shall be used for grants under sections 4 and 5. <all>

Improving Social Determinants of Health Act of 2021

A bill to authorize the Director of the Centers for Disease Control and Prevention to carry out a Social Determinants of Health Program, and for other purposes.

Improving Social Determinants of Health Act of 2021

Sen. Smith, Tina

D

MN

This bill requires the Centers for Disease Control and Prevention (CDC) to establish a program to improve health outcomes and reduce health inequities by, for example, coordinating activities across the CDC. As part of the program, the CDC must award grants to eligible organizations to build capacity to address social determinants of health. The CDC shall provide for an independent evaluation of certain grants and report findings to Congress.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Social Determinants of Health Act of 2021''. 2. (2) One of the overarching goals of Healthy People 2030 is to ``create social, physical, and economic environments that promote attaining the full potential for health and well-being for all''. (4) It is estimated that medical care accounts for only 10 to 20 percent of the modifiable contributors to healthy outcomes for a population. 3. SOCIAL DETERMINANTS OF HEALTH PROGRAM. (3) Awarding grants under section 5 to nonprofit organizations and public or other nonprofit institutions of higher education-- (A) to conduct research on best practices to improve social determinants of health; (B) to provide technical assistance, training, and evaluation assistance to grantees under section 4; and (C) to disseminate best practices to grantees under section 4. (4) Coordinating, supporting, and aligning activities of the Centers for Disease Control and Prevention related to social determinants of health with activities of other Federal agencies related to social determinants of health, including such activities of agencies in the Department of Health and Human Services such as the Centers for Medicare & Medicaid Services. 4. (a) In General.--The Director, as part of the Program, shall award grants to eligible entities to address social determinants of health in their communities. (2) Target community.--For purposes of this section, a target community shall be a State, county, city, Tribe, or other municipality. 1396 et seq. 5. SEC. 6. (a) In General.--There is authorized to be appropriated to carry out this Act, $50,000,000 for each of fiscal years 2021 through 2026.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Social Determinants of Health Act of 2021''. 2. (2) One of the overarching goals of Healthy People 2030 is to ``create social, physical, and economic environments that promote attaining the full potential for health and well-being for all''. (4) It is estimated that medical care accounts for only 10 to 20 percent of the modifiable contributors to healthy outcomes for a population. 3. SOCIAL DETERMINANTS OF HEALTH PROGRAM. (3) Awarding grants under section 5 to nonprofit organizations and public or other nonprofit institutions of higher education-- (A) to conduct research on best practices to improve social determinants of health; (B) to provide technical assistance, training, and evaluation assistance to grantees under section 4; and (C) to disseminate best practices to grantees under section 4. (4) Coordinating, supporting, and aligning activities of the Centers for Disease Control and Prevention related to social determinants of health with activities of other Federal agencies related to social determinants of health, including such activities of agencies in the Department of Health and Human Services such as the Centers for Medicare & Medicaid Services. 4. (a) In General.--The Director, as part of the Program, shall award grants to eligible entities to address social determinants of health in their communities. (2) Target community.--For purposes of this section, a target community shall be a State, county, city, Tribe, or other municipality. 1396 et seq. 5. SEC. 6. (a) In General.--There is authorized to be appropriated to carry out this Act, $50,000,000 for each of fiscal years 2021 through 2026.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Social Determinants of Health Act of 2021''. 2. FINDINGS. (2) One of the overarching goals of Healthy People 2030 is to ``create social, physical, and economic environments that promote attaining the full potential for health and well-being for all''. (3) Healthy People 2030 developed a ``place-based'' organizing framework, reflecting five key areas of social determinants of health namely-- (A) economic stability; (B) education access and quality; (C) social and community context; (D) health care access and quality; and (E) neighborhood and built environment. (4) It is estimated that medical care accounts for only 10 to 20 percent of the modifiable contributors to healthy outcomes for a population. (5) The Centers for Medicare & Medicaid Services has indicated the importance of the social determinants in its work stating that, ``As we seek to foster innovation, rethink rural health, find solutions to the opioid epidemic, and continue to put patients first, we need to take into account social determinants of health and recognize their importance.''. (6) The Department of Health and Human Services' Public Health 3.0 initiative recognizes the role of public health in working across sectors on social determinants of health, as well as the role of public health as chief health strategist in communities. 3. SOCIAL DETERMINANTS OF HEALTH PROGRAM. (3) Awarding grants under section 5 to nonprofit organizations and public or other nonprofit institutions of higher education-- (A) to conduct research on best practices to improve social determinants of health; (B) to provide technical assistance, training, and evaluation assistance to grantees under section 4; and (C) to disseminate best practices to grantees under section 4. (4) Coordinating, supporting, and aligning activities of the Centers for Disease Control and Prevention related to social determinants of health with activities of other Federal agencies related to social determinants of health, including such activities of agencies in the Department of Health and Human Services such as the Centers for Medicare & Medicaid Services. 4. (a) In General.--The Director, as part of the Program, shall award grants to eligible entities to address social determinants of health in their communities. (2) Target community.--For purposes of this section, a target community shall be a State, county, city, Tribe, or other municipality. (2) Set aside.--The Director shall set aside 5 percent of amounts appropriated to carry out this section in each fiscal year to award grants to Indian Tribes and Tribal organizations. (e) Application.--To seek a grant under this section, an eligible entity shall-- (1) submit an application at such time, in such manner, and containing such information as the Director may require; (2) propose a set of activities to address social determinants of health through evidence-based, cross-sector strategies, which activities may include-- (A) collecting quantifiable data from health care, social services, and other entities regarding the most significant gaps in health-promoting social, economic, and environmental needs; (B) identifying evidence-based approaches to meeting the nonmedical, social needs of populations identified by data collection described in subparagraph (A), such as unstable housing or food insecurity; (C) developing scalable methods to meet patients' social needs identified in clinical settings or other sites; (D) convening entities such as local and State governmental and nongovernmental organizations, health systems, payors, and community-based organizations to review, plan, and implement community-wide interventions and strategies to advance health- promoting social conditions; (E) monitoring and evaluating the impact of activities funded through the grant on the health and well-being of the residents of the target community and on the cost of health care; and (F) such other activities as may be specified by the Director; (3) demonstrate how the eligible entity will collaborate with-- (A) health systems; (B) payors, including, as appropriate, Medicaid managed care organizations (as defined in section 1903(m)(1)(A) of the Social Security Act (42 U.S.C. 1396 et seq. (2) Report to congress.--Not later than 60 days after receiving the results of such independent national evaluation, the Director shall report such results to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. 5. SEC. 6. FUNDING. (a) In General.--There is authorized to be appropriated to carry out this Act, $50,000,000 for each of fiscal years 2021 through 2026.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Social Determinants of Health Act of 2021''. 2. FINDINGS. Congress finds the following: (1) Healthy People 2030 defines social determinants of health as conditions in the environments where people are born, live, learn, work, play, worship, and age that affect a wide range of health, functioning, and quality-of-life outcomes and risks. (2) One of the overarching goals of Healthy People 2030 is to ``create social, physical, and economic environments that promote attaining the full potential for health and well-being for all''. (3) Healthy People 2030 developed a ``place-based'' organizing framework, reflecting five key areas of social determinants of health namely-- (A) economic stability; (B) education access and quality; (C) social and community context; (D) health care access and quality; and (E) neighborhood and built environment. (4) It is estimated that medical care accounts for only 10 to 20 percent of the modifiable contributors to healthy outcomes for a population. (5) The Centers for Medicare & Medicaid Services has indicated the importance of the social determinants in its work stating that, ``As we seek to foster innovation, rethink rural health, find solutions to the opioid epidemic, and continue to put patients first, we need to take into account social determinants of health and recognize their importance.''. (6) The Department of Health and Human Services' Public Health 3.0 initiative recognizes the role of public health in working across sectors on social determinants of health, as well as the role of public health as chief health strategist in communities. (7) Through its Health Impact in 5 Years initiative, the Centers for Disease Control and Prevention has highlighted nonclinical, community-wide approaches that show positive health impacts, results within five years, and cost effectiveness or cost savings over the lifetime of the population or earlier. 3. SOCIAL DETERMINANTS OF HEALTH PROGRAM. (3) Awarding grants under section 5 to nonprofit organizations and public or other nonprofit institutions of higher education-- (A) to conduct research on best practices to improve social determinants of health; (B) to provide technical assistance, training, and evaluation assistance to grantees under section 4; and (C) to disseminate best practices to grantees under section 4. (4) Coordinating, supporting, and aligning activities of the Centers for Disease Control and Prevention related to social determinants of health with activities of other Federal agencies related to social determinants of health, including such activities of agencies in the Department of Health and Human Services such as the Centers for Medicare & Medicaid Services. 4. (a) In General.--The Director, as part of the Program, shall award grants to eligible entities to address social determinants of health in their communities. (2) Target community.--For purposes of this section, a target community shall be a State, county, city, Tribe, or other municipality. (d) Priority and Set Aside.-- (1) Priority.--In awarding grants under this section, the Director shall prioritize applicants proposing to serve target communities with significant unmet health and social needs, as defined by the Director. (2) Set aside.--The Director shall set aside 5 percent of amounts appropriated to carry out this section in each fiscal year to award grants to Indian Tribes and Tribal organizations. (e) Application.--To seek a grant under this section, an eligible entity shall-- (1) submit an application at such time, in such manner, and containing such information as the Director may require; (2) propose a set of activities to address social determinants of health through evidence-based, cross-sector strategies, which activities may include-- (A) collecting quantifiable data from health care, social services, and other entities regarding the most significant gaps in health-promoting social, economic, and environmental needs; (B) identifying evidence-based approaches to meeting the nonmedical, social needs of populations identified by data collection described in subparagraph (A), such as unstable housing or food insecurity; (C) developing scalable methods to meet patients' social needs identified in clinical settings or other sites; (D) convening entities such as local and State governmental and nongovernmental organizations, health systems, payors, and community-based organizations to review, plan, and implement community-wide interventions and strategies to advance health- promoting social conditions; (E) monitoring and evaluating the impact of activities funded through the grant on the health and well-being of the residents of the target community and on the cost of health care; and (F) such other activities as may be specified by the Director; (3) demonstrate how the eligible entity will collaborate with-- (A) health systems; (B) payors, including, as appropriate, Medicaid managed care organizations (as defined in section 1903(m)(1)(A) of the Social Security Act (42 U.S.C. 1395w-21 et seq. 1396 et seq. ), community-based organizations, and human services organizations; (D) other non-health care sector organizations, including organizations focusing on transportation, housing, or food access; and (E) local employers; and (4) identify key health inequities in the target community and demonstrate how the proposed efforts of the eligible entity would address such inequities. (2) Report to congress.--Not later than 60 days after receiving the results of such independent national evaluation, the Director shall report such results to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. 5. SEC. 6. FUNDING. (a) In General.--There is authorized to be appropriated to carry out this Act, $50,000,000 for each of fiscal years 2021 through 2026. (b) Allocation.--Of the amount made available to carry out this Act for a fiscal year, not less than 75 percent shall be used for grants under sections 4 and 5.

To authorize the Director of the Centers for Disease Control and Prevention to carry out a Social Determinants of Health Program, and for other purposes. 2) One of the overarching goals of Healthy People 2030 is to ``create social, physical, and economic environments that promote attaining the full potential for health and well-being for all''. ( (5) The Centers for Medicare & Medicaid Services has indicated the importance of the social determinants in its work stating that, ``As we seek to foster innovation, rethink rural health, find solutions to the opioid epidemic, and continue to put patients first, we need to take into account social determinants of health and recognize their importance.''. ( 6) The Department of Health and Human Services' Public Health 3.0 initiative recognizes the role of public health in working across sectors on social determinants of health, as well as the role of public health as chief health strategist in communities. ( (a) Program.--To the extent and in the amounts made available in advance in appropriations Acts, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (in this Act referred to as the ``Director''), shall carry out a program, to be known as the Social Determinants of Health Program (in this Act referred to as the ``Program''), to achieve the following goals: (1) Improve health outcomes and reduce health inequities by coordinating social determinants of health activities across the Centers for Disease Control and Prevention. ( 2) Awarding grants under section 4 to State, local, territorial, and Tribal health departments and organizations, and to other eligible entities, to address social determinants of health in target communities. ( (4) Coordinating, supporting, and aligning activities of the Centers for Disease Control and Prevention related to social determinants of health with activities of other Federal agencies related to social determinants of health, including such activities of agencies in the Department of Health and Human Services such as the Centers for Medicare & Medicaid Services. ( c) Use of Funds.-- (1) In general.--A grant under this section shall be used to address social determinants of health in a target community by designing and implementing innovative, evidence-based, cross-sector strategies. ( (2) Set aside.--The Director shall set aside 5 percent of amounts appropriated to carry out this section in each fiscal year to award grants to Indian Tribes and Tribal organizations. 1396b(m)(1)(A))), Medicare Advantage plans under part C of title XVIII of such Act (42 U.S.C. 1395w-21 et seq. ), f) Monitoring and Evaluation.--As a condition of receipt of a grant under this section, a grantee shall agree to submit an annual report to the Director describing the activities carried out through the grant and the outcomes of such activities. ( (2) Report to congress.--Not later than 60 days after receiving the results of such independent national evaluation, the Director shall report such results to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. b) Allocation.--Of the amount made available to carry out this Act for a fiscal year, not less than 75 percent shall be used for grants under sections 4 and 5.

To authorize the Director of the Centers for Disease Control and Prevention to carry out a Social Determinants of Health Program, and for other purposes. 6) The Department of Health and Human Services' Public Health 3.0 initiative recognizes the role of public health in working across sectors on social determinants of health, as well as the role of public health as chief health strategist in communities. ( 7) Through its Health Impact in 5 Years initiative, the Centers for Disease Control and Prevention has highlighted nonclinical, community-wide approaches that show positive health impacts, results within five years, and cost effectiveness or cost savings over the lifetime of the population or earlier. ( SOCIAL DETERMINANTS OF HEALTH PROGRAM. ( a) Program.--To the extent and in the amounts made available in advance in appropriations Acts, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (in this Act referred to as the ``Director''), shall carry out a program, to be known as the Social Determinants of Health Program (in this Act referred to as the ``Program''), to achieve the following goals: (1) Improve health outcomes and reduce health inequities by coordinating social determinants of health activities across the Centers for Disease Control and Prevention. ( (b) Eligibility.--To be eligible to apply for a grant under this section, an entity shall be-- (1) a State, local, territorial, or Tribal health agency or organization; (2) a qualified nongovernmental entity, as defined by the Director; or (3) a consortium of entities that includes a State, local, territorial, or Tribal health agency or organization. ( d) Priority and Set Aside.-- (1) Priority.--In awarding grants under this section, the Director shall prioritize applicants proposing to serve target communities with significant unmet health and social needs, as defined by the Director. ( and health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act); (C) other relevant stakeholders and initiatives in areas of need, such as the Accountable Health Communities Model of the Centers for Medicare & Medicaid Services, health homes under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ), community-based organizations, and human services organizations; (D) other non-health care sector organizations, including organizations focusing on transportation, housing, or food access; and (E) local employers; and (4) identify key health inequities in the target community and demonstrate how the proposed efforts of the eligible entity would address such inequities. ( 2) Report to congress.--Not later than 60 days after receiving the results of such independent national evaluation, the Director shall report such results to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives.

To authorize the Director of the Centers for Disease Control and Prevention to carry out a Social Determinants of Health Program, and for other purposes. 6) The Department of Health and Human Services' Public Health 3.0 initiative recognizes the role of public health in working across sectors on social determinants of health, as well as the role of public health as chief health strategist in communities. ( 7) Through its Health Impact in 5 Years initiative, the Centers for Disease Control and Prevention has highlighted nonclinical, community-wide approaches that show positive health impacts, results within five years, and cost effectiveness or cost savings over the lifetime of the population or earlier. ( SOCIAL DETERMINANTS OF HEALTH PROGRAM. ( a) Program.--To the extent and in the amounts made available in advance in appropriations Acts, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (in this Act referred to as the ``Director''), shall carry out a program, to be known as the Social Determinants of Health Program (in this Act referred to as the ``Program''), to achieve the following goals: (1) Improve health outcomes and reduce health inequities by coordinating social determinants of health activities across the Centers for Disease Control and Prevention. ( (b) Eligibility.--To be eligible to apply for a grant under this section, an entity shall be-- (1) a State, local, territorial, or Tribal health agency or organization; (2) a qualified nongovernmental entity, as defined by the Director; or (3) a consortium of entities that includes a State, local, territorial, or Tribal health agency or organization. ( d) Priority and Set Aside.-- (1) Priority.--In awarding grants under this section, the Director shall prioritize applicants proposing to serve target communities with significant unmet health and social needs, as defined by the Director. ( and health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act); (C) other relevant stakeholders and initiatives in areas of need, such as the Accountable Health Communities Model of the Centers for Medicare & Medicaid Services, health homes under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ), community-based organizations, and human services organizations; (D) other non-health care sector organizations, including organizations focusing on transportation, housing, or food access; and (E) local employers; and (4) identify key health inequities in the target community and demonstrate how the proposed efforts of the eligible entity would address such inequities. ( 2) Report to congress.--Not later than 60 days after receiving the results of such independent national evaluation, the Director shall report such results to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives.

To authorize the Director of the Centers for Disease Control and Prevention to carry out a Social Determinants of Health Program, and for other purposes. 2) One of the overarching goals of Healthy People 2030 is to ``create social, physical, and economic environments that promote attaining the full potential for health and well-being for all''. ( (5) The Centers for Medicare & Medicaid Services has indicated the importance of the social determinants in its work stating that, ``As we seek to foster innovation, rethink rural health, find solutions to the opioid epidemic, and continue to put patients first, we need to take into account social determinants of health and recognize their importance.''. ( 6) The Department of Health and Human Services' Public Health 3.0 initiative recognizes the role of public health in working across sectors on social determinants of health, as well as the role of public health as chief health strategist in communities. ( (a) Program.--To the extent and in the amounts made available in advance in appropriations Acts, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (in this Act referred to as the ``Director''), shall carry out a program, to be known as the Social Determinants of Health Program (in this Act referred to as the ``Program''), to achieve the following goals: (1) Improve health outcomes and reduce health inequities by coordinating social determinants of health activities across the Centers for Disease Control and Prevention. ( 2) Awarding grants under section 4 to State, local, territorial, and Tribal health departments and organizations, and to other eligible entities, to address social determinants of health in target communities. ( (4) Coordinating, supporting, and aligning activities of the Centers for Disease Control and Prevention related to social determinants of health with activities of other Federal agencies related to social determinants of health, including such activities of agencies in the Department of Health and Human Services such as the Centers for Medicare & Medicaid Services. ( c) Use of Funds.-- (1) In general.--A grant under this section shall be used to address social determinants of health in a target community by designing and implementing innovative, evidence-based, cross-sector strategies. ( (2) Set aside.--The Director shall set aside 5 percent of amounts appropriated to carry out this section in each fiscal year to award grants to Indian Tribes and Tribal organizations. 1396b(m)(1)(A))), Medicare Advantage plans under part C of title XVIII of such Act (42 U.S.C. 1395w-21 et seq. ), f) Monitoring and Evaluation.--As a condition of receipt of a grant under this section, a grantee shall agree to submit an annual report to the Director describing the activities carried out through the grant and the outcomes of such activities. ( (2) Report to congress.--Not later than 60 days after receiving the results of such independent national evaluation, the Director shall report such results to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. b) Allocation.--Of the amount made available to carry out this Act for a fiscal year, not less than 75 percent shall be used for grants under sections 4 and 5.

To authorize the Director of the Centers for Disease Control and Prevention to carry out a Social Determinants of Health Program, and for other purposes. 6) The Department of Health and Human Services' Public Health 3.0 initiative recognizes the role of public health in working across sectors on social determinants of health, as well as the role of public health as chief health strategist in communities. ( 7) Through its Health Impact in 5 Years initiative, the Centers for Disease Control and Prevention has highlighted nonclinical, community-wide approaches that show positive health impacts, results within five years, and cost effectiveness or cost savings over the lifetime of the population or earlier. ( SOCIAL DETERMINANTS OF HEALTH PROGRAM. ( a) Program.--To the extent and in the amounts made available in advance in appropriations Acts, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (in this Act referred to as the ``Director''), shall carry out a program, to be known as the Social Determinants of Health Program (in this Act referred to as the ``Program''), to achieve the following goals: (1) Improve health outcomes and reduce health inequities by coordinating social determinants of health activities across the Centers for Disease Control and Prevention. ( (b) Eligibility.--To be eligible to apply for a grant under this section, an entity shall be-- (1) a State, local, territorial, or Tribal health agency or organization; (2) a qualified nongovernmental entity, as defined by the Director; or (3) a consortium of entities that includes a State, local, territorial, or Tribal health agency or organization. ( d) Priority and Set Aside.-- (1) Priority.--In awarding grants under this section, the Director shall prioritize applicants proposing to serve target communities with significant unmet health and social needs, as defined by the Director. ( and health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act); (C) other relevant stakeholders and initiatives in areas of need, such as the Accountable Health Communities Model of the Centers for Medicare & Medicaid Services, health homes under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ), community-based organizations, and human services organizations; (D) other non-health care sector organizations, including organizations focusing on transportation, housing, or food access; and (E) local employers; and (4) identify key health inequities in the target community and demonstrate how the proposed efforts of the eligible entity would address such inequities. ( 2) Report to congress.--Not later than 60 days after receiving the results of such independent national evaluation, the Director shall report such results to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives.

To authorize the Director of the Centers for Disease Control and Prevention to carry out a Social Determinants of Health Program, and for other purposes. 2) One of the overarching goals of Healthy People 2030 is to ``create social, physical, and economic environments that promote attaining the full potential for health and well-being for all''. ( (5) The Centers for Medicare & Medicaid Services has indicated the importance of the social determinants in its work stating that, ``As we seek to foster innovation, rethink rural health, find solutions to the opioid epidemic, and continue to put patients first, we need to take into account social determinants of health and recognize their importance.''. ( 6) The Department of Health and Human Services' Public Health 3.0 initiative recognizes the role of public health in working across sectors on social determinants of health, as well as the role of public health as chief health strategist in communities. ( (a) Program.--To the extent and in the amounts made available in advance in appropriations Acts, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (in this Act referred to as the ``Director''), shall carry out a program, to be known as the Social Determinants of Health Program (in this Act referred to as the ``Program''), to achieve the following goals: (1) Improve health outcomes and reduce health inequities by coordinating social determinants of health activities across the Centers for Disease Control and Prevention. ( 2) Awarding grants under section 4 to State, local, territorial, and Tribal health departments and organizations, and to other eligible entities, to address social determinants of health in target communities. ( (4) Coordinating, supporting, and aligning activities of the Centers for Disease Control and Prevention related to social determinants of health with activities of other Federal agencies related to social determinants of health, including such activities of agencies in the Department of Health and Human Services such as the Centers for Medicare & Medicaid Services. ( c) Use of Funds.-- (1) In general.--A grant under this section shall be used to address social determinants of health in a target community by designing and implementing innovative, evidence-based, cross-sector strategies. ( (2) Set aside.--The Director shall set aside 5 percent of amounts appropriated to carry out this section in each fiscal year to award grants to Indian Tribes and Tribal organizations. 1396b(m)(1)(A))), Medicare Advantage plans under part C of title XVIII of such Act (42 U.S.C. 1395w-21 et seq. ), f) Monitoring and Evaluation.--As a condition of receipt of a grant under this section, a grantee shall agree to submit an annual report to the Director describing the activities carried out through the grant and the outcomes of such activities. ( (2) Report to congress.--Not later than 60 days after receiving the results of such independent national evaluation, the Director shall report such results to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. b) Allocation.--Of the amount made available to carry out this Act for a fiscal year, not less than 75 percent shall be used for grants under sections 4 and 5.

To authorize the Director of the Centers for Disease Control and Prevention to carry out a Social Determinants of Health Program, and for other purposes. 6) The Department of Health and Human Services' Public Health 3.0 initiative recognizes the role of public health in working across sectors on social determinants of health, as well as the role of public health as chief health strategist in communities. ( 7) Through its Health Impact in 5 Years initiative, the Centers for Disease Control and Prevention has highlighted nonclinical, community-wide approaches that show positive health impacts, results within five years, and cost effectiveness or cost savings over the lifetime of the population or earlier. ( SOCIAL DETERMINANTS OF HEALTH PROGRAM. ( a) Program.--To the extent and in the amounts made available in advance in appropriations Acts, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (in this Act referred to as the ``Director''), shall carry out a program, to be known as the Social Determinants of Health Program (in this Act referred to as the ``Program''), to achieve the following goals: (1) Improve health outcomes and reduce health inequities by coordinating social determinants of health activities across the Centers for Disease Control and Prevention. ( (b) Eligibility.--To be eligible to apply for a grant under this section, an entity shall be-- (1) a State, local, territorial, or Tribal health agency or organization; (2) a qualified nongovernmental entity, as defined by the Director; or (3) a consortium of entities that includes a State, local, territorial, or Tribal health agency or organization. ( d) Priority and Set Aside.-- (1) Priority.--In awarding grants under this section, the Director shall prioritize applicants proposing to serve target communities with significant unmet health and social needs, as defined by the Director. ( and health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act); (C) other relevant stakeholders and initiatives in areas of need, such as the Accountable Health Communities Model of the Centers for Medicare & Medicaid Services, health homes under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ), community-based organizations, and human services organizations; (D) other non-health care sector organizations, including organizations focusing on transportation, housing, or food access; and (E) local employers; and (4) identify key health inequities in the target community and demonstrate how the proposed efforts of the eligible entity would address such inequities. ( 2) Report to congress.--Not later than 60 days after receiving the results of such independent national evaluation, the Director shall report such results to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives.

To authorize the Director of the Centers for Disease Control and Prevention to carry out a Social Determinants of Health Program, and for other purposes. 5) The Centers for Medicare & Medicaid Services has indicated the importance of the social determinants in its work stating that, ``As we seek to foster innovation, rethink rural health, find solutions to the opioid epidemic, and continue to put patients first, we need to take into account social determinants of health and recognize their importance.''. ( ( 2) Awarding grants under section 4 to State, local, territorial, and Tribal health departments and organizations, and to other eligible entities, to address social determinants of health in target communities. ( ( f) Monitoring and Evaluation.--As a condition of receipt of a grant under this section, a grantee shall agree to submit an annual report to the Director describing the activities carried out through the grant and the outcomes of such activities. ( (2) Report to congress.--Not later than 60 days after receiving the results of such independent national evaluation, the Director shall report such results to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. b) Allocation.--Of the amount made available to carry out this Act for a fiscal year, not less than 75 percent shall be used for grants under sections 4 and 5.

To authorize the Director of the Centers for Disease Control and Prevention to carry out a Social Determinants of Health Program, and for other purposes. a) Program.--To the extent and in the amounts made available in advance in appropriations Acts, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (in this Act referred to as the ``Director''), shall carry out a program, to be known as the Social Determinants of Health Program (in this Act referred to as the ``Program''), to achieve the following goals: (1) Improve health outcomes and reduce health inequities by coordinating social determinants of health activities across the Centers for Disease Control and Prevention. ( ( ), community-based organizations, and human services organizations; (D) other non-health care sector organizations, including organizations focusing on transportation, housing, or food access; and (E) local employers; and (4) identify key health inequities in the target community and demonstrate how the proposed efforts of the eligible entity would address such inequities. ( 2) Report to congress.--Not later than 60 days after receiving the results of such independent national evaluation, the Director shall report such results to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives.

To authorize the Director of the Centers for Disease Control and Prevention to carry out a Social Determinants of Health Program, and for other purposes. 5) The Centers for Medicare & Medicaid Services has indicated the importance of the social determinants in its work stating that, ``As we seek to foster innovation, rethink rural health, find solutions to the opioid epidemic, and continue to put patients first, we need to take into account social determinants of health and recognize their importance.''. ( ( 2) Awarding grants under section 4 to State, local, territorial, and Tribal health departments and organizations, and to other eligible entities, to address social determinants of health in target communities. ( ( f) Monitoring and Evaluation.--As a condition of receipt of a grant under this section, a grantee shall agree to submit an annual report to the Director describing the activities carried out through the grant and the outcomes of such activities. ( (2) Report to congress.--Not later than 60 days after receiving the results of such independent national evaluation, the Director shall report such results to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. b) Allocation.--Of the amount made available to carry out this Act for a fiscal year, not less than 75 percent shall be used for grants under sections 4 and 5.

Improving Social Determinants of Health Act of 2021 This bill directs the Department of Health and Human Services (HHS) to carry out a program to: (1) improve health outcomes and reduce health inequities by coordinating activities across the Centers for Disease Control and Prevention (CDC); (2) improve the capacity of public health agencies and community organizations to address social determinants of health Authorizes appropriations for FY 2021 through 2026 to carry out this Act. (Sec. 5) Requires the Director of the Centers for Medicare &amp; Medicaid Services (CMS) to award grants to nonprofit organizations and public or other nonprofit institutions of higher education to conduct research on best practices to improve social determinants of health and to provide technical assistance, training, and evaluation assistance to

H.R.644

Environmental Protection

Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2021 Act or the REBUILD Act This bill sets forth a process to authorize states to assume the environmental review responsibilities of federal agencies. Specifically, it allows states to oversee the environmental review required under certain federal environmental laws for projects funded by, carried out by, or subject to approval by federal agencies.

To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2021'' or the ``REBUILD Act''. SEC. 2. ASSIGNMENT TO STATES OF FEDERAL ENVIRONMENTAL REVIEW RESPONSIBILITIES. Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) is amended by adding at the end the following new section: ``SEC. 106. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE STATE. ``(a) Assumption of Responsibility.-- ``(1) In general.--Subject to the other provisions of this section, with the written agreement of the responsible Federal official and a State, which may be in the form of a memorandum of understanding, the responsible Federal official may assign, and the State may assume, the responsibilities of the responsible Federal official under this Act with respect to one or more covered Federal projects of the responsible Federal official within the State. ``(2) Additional responsibility.--If a State assumes responsibility under paragraph (1) the responsible Federal official may assign to the State, and the State may assume, all or part of the responsibilities of the responsible Federal official for environmental review, consultation, or other action required under any Federal environmental law pertaining to the review or approval of covered projects of the responsible Federal official. ``(3) Procedural and substantive requirements.--A State shall assume responsibility under this section subject to the same procedural and substantive requirements as would apply if that responsibility were carried out by the responsible Federal official. ``(4) Federal responsibility.--Any responsibility of the responsible Federal official not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the responsible Federal official. ``(5) No effect on authority.--Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the agency of the responsible Federal official for a covered Federal project, under applicable law (including regulations) with respect to the project. ``(b) State Participation.-- ``(1) Application.--Not later than 180 days after the date of enactment of this section, each responsible Federal official shall promulgate regulations that establish requirements relating to information required to be contained in any application of a State to assume responsibility under this section with respect to covered Federal projects of the responsible Federal official, including, at a minimum-- ``(A) the projects or classes of projects for which the State anticipates exercising the authority that may be granted under this section; ``(B) verification of the financial resources necessary to carry out the authority that may be assigned under this section; and ``(C) evidence of the notice and solicitation of public comment by the State relating to assumption of responsibility under this section by the State, including copies of comments received from that solicitation. ``(2) Public notice.-- ``(A) In general.--Each State that submits an application under this subsection shall give notice of the intent of the State to submit such application not later than 30 days before the date of submission of the application. ``(B) Method of notice and solicitation.--The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. ``(3) Selection criteria.--A responsible Federal official may approve the application of a State under this section only if-- ``(A) the regulatory requirements under paragraph (2) have been met; ``(B) the responsible Federal official determines that the State has the capability, including financial and personnel, to assume the responsibility; and ``(C) the head of the State agency having primary jurisdiction over covered projects with respect to which responsibility would be assigned to the State pursuant to the application enters into a written agreement with the responsible Federal official described in subsection (c). ``(4) Other federal agency views.--If a State applies to assume a responsibility of a responsible Federal official that would have required the responsible Federal official to consult with another Federal agency, the responsible Federal official shall solicit the views of the Federal agency before approving the application. ``(c) Written Agreement.--A written agreement under this section shall-- ``(1) be executed by the Governor of the State or the head of the State agency referred to in subsection (b)(3)(C); ``(2) be in such form as the responsible Federal official may prescribe; and ``(3) provide that the State-- ``(A) agrees to assume all or part of the responsibilities of the responsible Federal official described in subsection (a); ``(B) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the responsible Federal official assumed by the State; ``(C) certifies that State laws (including regulations) are in effect that-- ``(i) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and ``(ii) are comparable to section 552 of title 5, United States Code, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and ``(D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed. ``(d) Jurisdiction.-- ``(1) In general.--The United States district courts shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under this section. ``(2) Legal standards and requirements.--A civil action under paragraph (1) shall be governed by the legal standards and requirements that would apply in such a civil action against the responsible Federal official had the responsible Federal official taken the actions in question. ``(3) Intervention.--The responsible Federal official shall have the right to intervene in any action described in paragraph (1). ``(e) Effect of Assumption of Responsibility.--A State that assumes responsibility under subsection (a) shall be solely responsible and solely liable for carrying out, in lieu of the responsible Federal official, the responsibilities assumed under subsection (a), until the termination of such assumption of responsibility. ``(f) Limitations on Agreements.--Nothing in this section permits a State to assume any rulemaking authority of the responsible Federal official under any Federal law. ``(g) Audits.-- ``(1) In general.--To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)), for each State participating in the program under this section, the responsible Federal official shall conduct-- ``(A) semiannual audits during each of the first 2 years of the effective period of the agreement; and ``(B) annual audits during each subsequent year of such effective period. ``(2) Public availability and comment.-- ``(A) In general.--An audit conducted under paragraph (1) shall be provided to the public for comment for a 30-day period. ``(B) Response.--Not later than 60 days after the date on which the period for public comment ends, the responsible Federal official shall respond to public comments received under subparagraph (A). ``(h) Report to Congress.--Each responsible Federal official shall submit to Congress an annual report that describes the administration of this section by such official. ``(i) Termination by Responsible Federal Official.--The responsible Federal official with respect to an agreement with a State under this section may terminate the agreement, and any responsibility or authority of the State under this section with respect to such agreement, if-- ``(1) the responsible Federal official determines that the State is not adequately carrying out the responsibilities assumed by the State under this section; ``(2) the responsible Federal official provides to the State-- ``(A) notification of the determination of noncompliance; and ``(B) a period of at least 30 days during which to take such corrective action as the responsible Federal official determines is necessary to comply with the applicable agreement; and ``(3) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the responsible Federal official. ``(j) Definitions.--In this section: ``(1) Covered federal project.--The term `covered Federal project' means-- ``(A)(i) except as provided in clause (ii) and subparagraph (B), any project that is funded by, carried out by, or subject to approval or disapproval by a responsible official, including any project for which a permit or other authorization by a responsible Federal official is required; and ``(ii) in the case of projects funded, carried out by, or subject to review, approval, or disapproval by the Secretary of the Army, and except as provided in subparagraph (B), includes only such projects of the Corps of Engineers; and ``(B) the preparation of any statement required by section 102(2)(C). ``(2) Responsible federal official.--The term `responsible Federal official' means-- ``(A) the Secretary of the Interior; ``(B) the Secretary of Transportation; ``(C) the Administrator of the Environmental Protection Agency; ``(D) the Secretary of the Army; and ``(E) the head of a Federal agency, with respect to the preparation of statements under section 102(2)(C) for major Federal actions (as that term is used in that section) of the agency.''. <all>

REBUILD Act

To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes.

REBUILD Act Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2021

Rep. Calvert, Ken

R

CA

This bill sets forth a process to authorize states to assume the environmental review responsibilities of federal agencies. Specifically, it allows states to oversee the environmental review required under certain federal environmental laws for projects funded by, carried out by, or subject to approval by federal agencies.

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 ``Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2021'' or the ``REBUILD Act''. SEC. 2. Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) is amended by adding at the end the following new section: ``SEC. 106. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE STATE. ``(3) Procedural and substantive requirements.--A State shall assume responsibility under this section subject to the same procedural and substantive requirements as would apply if that responsibility were carried out by the responsible Federal official. ``(4) Federal responsibility.--Any responsibility of the responsible Federal official not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the responsible Federal official. ``(5) No effect on authority.--Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the agency of the responsible Federal official for a covered Federal project, under applicable law (including regulations) with respect to the project. ``(2) Public notice.-- ``(A) In general.--Each State that submits an application under this subsection shall give notice of the intent of the State to submit such application not later than 30 days before the date of submission of the application. ``(2) Legal standards and requirements.--A civil action under paragraph (1) shall be governed by the legal standards and requirements that would apply in such a civil action against the responsible Federal official had the responsible Federal official taken the actions in question. ``(e) Effect of Assumption of Responsibility.--A State that assumes responsibility under subsection (a) shall be solely responsible and solely liable for carrying out, in lieu of the responsible Federal official, the responsibilities assumed under subsection (a), until the termination of such assumption of responsibility. ``(2) Public availability and comment.-- ``(A) In general.--An audit conducted under paragraph (1) shall be provided to the public for comment for a 30-day period. ``(j) Definitions.--In this section: ``(1) Covered federal project.--The term `covered Federal project' means-- ``(A)(i) except as provided in clause (ii) and subparagraph (B), any project that is funded by, carried out by, or subject to approval or disapproval by a responsible official, including any project for which a permit or other authorization by a responsible Federal official is required; and ``(ii) in the case of projects funded, carried out by, or subject to review, approval, or disapproval by the Secretary of the Army, and except as provided in subparagraph (B), includes only such projects of the Corps of Engineers; and ``(B) the preparation of any statement required by section 102(2)(C).

This Act may be cited as the ``Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2021'' or the ``REBUILD Act''. SEC. 2. Title I of the National Environmental Policy Act of 1969 (42 U.S.C. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE STATE. ``(4) Federal responsibility.--Any responsibility of the responsible Federal official not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the responsible Federal official. ``(5) No effect on authority.--Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the agency of the responsible Federal official for a covered Federal project, under applicable law (including regulations) with respect to the project. ``(2) Public notice.-- ``(A) In general.--Each State that submits an application under this subsection shall give notice of the intent of the State to submit such application not later than 30 days before the date of submission of the application. ``(2) Legal standards and requirements.--A civil action under paragraph (1) shall be governed by the legal standards and requirements that would apply in such a civil action against the responsible Federal official had the responsible Federal official taken the actions in question. ``(2) Public availability and comment.-- ``(A) In general.--An audit conducted under paragraph (1) shall be provided to the public for comment for a 30-day period. ``(j) Definitions.--In this section: ``(1) Covered federal project.--The term `covered Federal project' means-- ``(A)(i) except as provided in clause (ii) and subparagraph (B), any project that is funded by, carried out by, or subject to approval or disapproval by a responsible official, including any project for which a permit or other authorization by a responsible Federal official is required; and ``(ii) in the case of projects funded, carried out by, or subject to review, approval, or disapproval by the Secretary of the Army, and except as provided in subparagraph (B), includes only such projects of the Corps of Engineers; and ``(B) the preparation of any statement required by section 102(2)(C).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2021'' or the ``REBUILD Act''. SEC. 2. Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) is amended by adding at the end the following new section: ``SEC. 106. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE STATE. ``(3) Procedural and substantive requirements.--A State shall assume responsibility under this section subject to the same procedural and substantive requirements as would apply if that responsibility were carried out by the responsible Federal official. ``(4) Federal responsibility.--Any responsibility of the responsible Federal official not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the responsible Federal official. ``(5) No effect on authority.--Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the agency of the responsible Federal official for a covered Federal project, under applicable law (including regulations) with respect to the project. ``(2) Public notice.-- ``(A) In general.--Each State that submits an application under this subsection shall give notice of the intent of the State to submit such application not later than 30 days before the date of submission of the application. ``(B) Method of notice and solicitation.--The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. ``(c) Written Agreement.--A written agreement under this section shall-- ``(1) be executed by the Governor of the State or the head of the State agency referred to in subsection (b)(3)(C); ``(2) be in such form as the responsible Federal official may prescribe; and ``(3) provide that the State-- ``(A) agrees to assume all or part of the responsibilities of the responsible Federal official described in subsection (a); ``(B) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the responsible Federal official assumed by the State; ``(C) certifies that State laws (including regulations) are in effect that-- ``(i) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and ``(ii) are comparable to section 552 of title 5, United States Code, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and ``(D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed. ``(2) Legal standards and requirements.--A civil action under paragraph (1) shall be governed by the legal standards and requirements that would apply in such a civil action against the responsible Federal official had the responsible Federal official taken the actions in question. ``(e) Effect of Assumption of Responsibility.--A State that assumes responsibility under subsection (a) shall be solely responsible and solely liable for carrying out, in lieu of the responsible Federal official, the responsibilities assumed under subsection (a), until the termination of such assumption of responsibility. ``(2) Public availability and comment.-- ``(A) In general.--An audit conducted under paragraph (1) shall be provided to the public for comment for a 30-day period. ``(h) Report to Congress.--Each responsible Federal official shall submit to Congress an annual report that describes the administration of this section by such official. ``(j) Definitions.--In this section: ``(1) Covered federal project.--The term `covered Federal project' means-- ``(A)(i) except as provided in clause (ii) and subparagraph (B), any project that is funded by, carried out by, or subject to approval or disapproval by a responsible official, including any project for which a permit or other authorization by a responsible Federal official is required; and ``(ii) in the case of projects funded, carried out by, or subject to review, approval, or disapproval by the Secretary of the Army, and except as provided in subparagraph (B), includes only such projects of the Corps of Engineers; and ``(B) the preparation of any statement required by section 102(2)(C).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2021'' or the ``REBUILD Act''. SEC. 2. Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) is amended by adding at the end the following new section: ``SEC. 106. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE STATE. ``(3) Procedural and substantive requirements.--A State shall assume responsibility under this section subject to the same procedural and substantive requirements as would apply if that responsibility were carried out by the responsible Federal official. ``(4) Federal responsibility.--Any responsibility of the responsible Federal official not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the responsible Federal official. ``(5) No effect on authority.--Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the agency of the responsible Federal official for a covered Federal project, under applicable law (including regulations) with respect to the project. ``(2) Public notice.-- ``(A) In general.--Each State that submits an application under this subsection shall give notice of the intent of the State to submit such application not later than 30 days before the date of submission of the application. ``(B) Method of notice and solicitation.--The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. ``(c) Written Agreement.--A written agreement under this section shall-- ``(1) be executed by the Governor of the State or the head of the State agency referred to in subsection (b)(3)(C); ``(2) be in such form as the responsible Federal official may prescribe; and ``(3) provide that the State-- ``(A) agrees to assume all or part of the responsibilities of the responsible Federal official described in subsection (a); ``(B) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the responsible Federal official assumed by the State; ``(C) certifies that State laws (including regulations) are in effect that-- ``(i) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and ``(ii) are comparable to section 552 of title 5, United States Code, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and ``(D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed. ``(2) Legal standards and requirements.--A civil action under paragraph (1) shall be governed by the legal standards and requirements that would apply in such a civil action against the responsible Federal official had the responsible Federal official taken the actions in question. ``(e) Effect of Assumption of Responsibility.--A State that assumes responsibility under subsection (a) shall be solely responsible and solely liable for carrying out, in lieu of the responsible Federal official, the responsibilities assumed under subsection (a), until the termination of such assumption of responsibility. ``(g) Audits.-- ``(1) In general.--To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)), for each State participating in the program under this section, the responsible Federal official shall conduct-- ``(A) semiannual audits during each of the first 2 years of the effective period of the agreement; and ``(B) annual audits during each subsequent year of such effective period. ``(2) Public availability and comment.-- ``(A) In general.--An audit conducted under paragraph (1) shall be provided to the public for comment for a 30-day period. ``(h) Report to Congress.--Each responsible Federal official shall submit to Congress an annual report that describes the administration of this section by such official. ``(i) Termination by Responsible Federal Official.--The responsible Federal official with respect to an agreement with a State under this section may terminate the agreement, and any responsibility or authority of the State under this section with respect to such agreement, if-- ``(1) the responsible Federal official determines that the State is not adequately carrying out the responsibilities assumed by the State under this section; ``(2) the responsible Federal official provides to the State-- ``(A) notification of the determination of noncompliance; and ``(B) a period of at least 30 days during which to take such corrective action as the responsible Federal official determines is necessary to comply with the applicable agreement; and ``(3) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the responsible Federal official. ``(j) Definitions.--In this section: ``(1) Covered federal project.--The term `covered Federal project' means-- ``(A)(i) except as provided in clause (ii) and subparagraph (B), any project that is funded by, carried out by, or subject to approval or disapproval by a responsible official, including any project for which a permit or other authorization by a responsible Federal official is required; and ``(ii) in the case of projects funded, carried out by, or subject to review, approval, or disapproval by the Secretary of the Army, and except as provided in subparagraph (B), includes only such projects of the Corps of Engineers; and ``(B) the preparation of any statement required by section 102(2)(C).

To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE STATE. ``(2) Additional responsibility.--If a State assumes responsibility under paragraph (1) the responsible Federal official may assign to the State, and the State may assume, all or part of the responsibilities of the responsible Federal official for environmental review, consultation, or other action required under any Federal environmental law pertaining to the review or approval of covered projects of the responsible Federal official. ``(4) Federal responsibility.--Any responsibility of the responsible Federal official not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the responsible Federal official. ``(2) Public notice.-- ``(A) In general.--Each State that submits an application under this subsection shall give notice of the intent of the State to submit such application not later than 30 days before the date of submission of the application. ``(B) Method of notice and solicitation.--The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. ``(4) Other federal agency views.--If a State applies to assume a responsibility of a responsible Federal official that would have required the responsible Federal official to consult with another Federal agency, the responsible Federal official shall solicit the views of the Federal agency before approving the application. ``(d) Jurisdiction.-- ``(1) In general.--The United States district courts shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under this section. ``(2) Legal standards and requirements.--A civil action under paragraph (1) shall be governed by the legal standards and requirements that would apply in such a civil action against the responsible Federal official had the responsible Federal official taken the actions in question. ``(g) Audits.-- ``(1) In general.--To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)), for each State participating in the program under this section, the responsible Federal official shall conduct-- ``(A) semiannual audits during each of the first 2 years of the effective period of the agreement; and ``(B) annual audits during each subsequent year of such effective period. ``(B) Response.--Not later than 60 days after the date on which the period for public comment ends, the responsible Federal official shall respond to public comments received under subparagraph (A). ``(h) Report to Congress.--Each responsible Federal official shall submit to Congress an annual report that describes the administration of this section by such official. ``(2) Responsible federal official.--The term `responsible Federal official' means-- ``(A) the Secretary of the Interior; ``(B) the Secretary of Transportation; ``(C) the Administrator of the Environmental Protection Agency; ``(D) the Secretary of the Army; and ``(E) the head of a Federal agency, with respect to the preparation of statements under section 102(2)(C) for major Federal actions (as that term is used in that section) of the agency.''.

To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE STATE. ``(4) Federal responsibility.--Any responsibility of the responsible Federal official not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the responsible Federal official. ``(5) No effect on authority.--Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the agency of the responsible Federal official for a covered Federal project, under applicable law (including regulations) with respect to the project. ``(2) Public notice.-- ``(A) In general.--Each State that submits an application under this subsection shall give notice of the intent of the State to submit such application not later than 30 days before the date of submission of the application. ``(4) Other federal agency views.--If a State applies to assume a responsibility of a responsible Federal official that would have required the responsible Federal official to consult with another Federal agency, the responsible Federal official shall solicit the views of the Federal agency before approving the application. ``(d) Jurisdiction.-- ``(1) In general.--The United States district courts shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under this section. ``(f) Limitations on Agreements.--Nothing in this section permits a State to assume any rulemaking authority of the responsible Federal official under any Federal law. ``(g) Audits.-- ``(1) In general.--To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)), for each State participating in the program under this section, the responsible Federal official shall conduct-- ``(A) semiannual audits during each of the first 2 years of the effective period of the agreement; and ``(B) annual audits during each subsequent year of such effective period. ``(2) Responsible federal official.--The term `responsible Federal official' means-- ``(A) the Secretary of the Interior; ``(B) the Secretary of Transportation; ``(C) the Administrator of the Environmental Protection Agency; ``(D) the Secretary of the Army; and ``(E) the head of a Federal agency, with respect to the preparation of statements under section 102(2)(C) for major Federal actions (as that term is used in that section) of the agency.''.

To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE STATE. ``(4) Federal responsibility.--Any responsibility of the responsible Federal official not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the responsible Federal official. ``(5) No effect on authority.--Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the agency of the responsible Federal official for a covered Federal project, under applicable law (including regulations) with respect to the project. ``(2) Public notice.-- ``(A) In general.--Each State that submits an application under this subsection shall give notice of the intent of the State to submit such application not later than 30 days before the date of submission of the application. ``(4) Other federal agency views.--If a State applies to assume a responsibility of a responsible Federal official that would have required the responsible Federal official to consult with another Federal agency, the responsible Federal official shall solicit the views of the Federal agency before approving the application. ``(d) Jurisdiction.-- ``(1) In general.--The United States district courts shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under this section. ``(f) Limitations on Agreements.--Nothing in this section permits a State to assume any rulemaking authority of the responsible Federal official under any Federal law. ``(g) Audits.-- ``(1) In general.--To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)), for each State participating in the program under this section, the responsible Federal official shall conduct-- ``(A) semiannual audits during each of the first 2 years of the effective period of the agreement; and ``(B) annual audits during each subsequent year of such effective period. ``(2) Responsible federal official.--The term `responsible Federal official' means-- ``(A) the Secretary of the Interior; ``(B) the Secretary of Transportation; ``(C) the Administrator of the Environmental Protection Agency; ``(D) the Secretary of the Army; and ``(E) the head of a Federal agency, with respect to the preparation of statements under section 102(2)(C) for major Federal actions (as that term is used in that section) of the agency.''.

To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE STATE. ``(2) Additional responsibility.--If a State assumes responsibility under paragraph (1) the responsible Federal official may assign to the State, and the State may assume, all or part of the responsibilities of the responsible Federal official for environmental review, consultation, or other action required under any Federal environmental law pertaining to the review or approval of covered projects of the responsible Federal official. ``(4) Federal responsibility.--Any responsibility of the responsible Federal official not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the responsible Federal official. ``(2) Public notice.-- ``(A) In general.--Each State that submits an application under this subsection shall give notice of the intent of the State to submit such application not later than 30 days before the date of submission of the application. ``(B) Method of notice and solicitation.--The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. ``(4) Other federal agency views.--If a State applies to assume a responsibility of a responsible Federal official that would have required the responsible Federal official to consult with another Federal agency, the responsible Federal official shall solicit the views of the Federal agency before approving the application. ``(d) Jurisdiction.-- ``(1) In general.--The United States district courts shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under this section. ``(2) Legal standards and requirements.--A civil action under paragraph (1) shall be governed by the legal standards and requirements that would apply in such a civil action against the responsible Federal official had the responsible Federal official taken the actions in question. ``(g) Audits.-- ``(1) In general.--To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)), for each State participating in the program under this section, the responsible Federal official shall conduct-- ``(A) semiannual audits during each of the first 2 years of the effective period of the agreement; and ``(B) annual audits during each subsequent year of such effective period. ``(B) Response.--Not later than 60 days after the date on which the period for public comment ends, the responsible Federal official shall respond to public comments received under subparagraph (A). ``(h) Report to Congress.--Each responsible Federal official shall submit to Congress an annual report that describes the administration of this section by such official. ``(2) Responsible federal official.--The term `responsible Federal official' means-- ``(A) the Secretary of the Interior; ``(B) the Secretary of Transportation; ``(C) the Administrator of the Environmental Protection Agency; ``(D) the Secretary of the Army; and ``(E) the head of a Federal agency, with respect to the preparation of statements under section 102(2)(C) for major Federal actions (as that term is used in that section) of the agency.''.

To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE STATE. ``(4) Federal responsibility.--Any responsibility of the responsible Federal official not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the responsible Federal official. ``(5) No effect on authority.--Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the agency of the responsible Federal official for a covered Federal project, under applicable law (including regulations) with respect to the project. ``(2) Public notice.-- ``(A) In general.--Each State that submits an application under this subsection shall give notice of the intent of the State to submit such application not later than 30 days before the date of submission of the application. ``(4) Other federal agency views.--If a State applies to assume a responsibility of a responsible Federal official that would have required the responsible Federal official to consult with another Federal agency, the responsible Federal official shall solicit the views of the Federal agency before approving the application. ``(d) Jurisdiction.-- ``(1) In general.--The United States district courts shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under this section. ``(f) Limitations on Agreements.--Nothing in this section permits a State to assume any rulemaking authority of the responsible Federal official under any Federal law. ``(g) Audits.-- ``(1) In general.--To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)), for each State participating in the program under this section, the responsible Federal official shall conduct-- ``(A) semiannual audits during each of the first 2 years of the effective period of the agreement; and ``(B) annual audits during each subsequent year of such effective period. ``(2) Responsible federal official.--The term `responsible Federal official' means-- ``(A) the Secretary of the Interior; ``(B) the Secretary of Transportation; ``(C) the Administrator of the Environmental Protection Agency; ``(D) the Secretary of the Army; and ``(E) the head of a Federal agency, with respect to the preparation of statements under section 102(2)(C) for major Federal actions (as that term is used in that section) of the agency.''.

To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE STATE. ``(2) Additional responsibility.--If a State assumes responsibility under paragraph (1) the responsible Federal official may assign to the State, and the State may assume, all or part of the responsibilities of the responsible Federal official for environmental review, consultation, or other action required under any Federal environmental law pertaining to the review or approval of covered projects of the responsible Federal official. ``(4) Federal responsibility.--Any responsibility of the responsible Federal official not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the responsible Federal official. ``(2) Public notice.-- ``(A) In general.--Each State that submits an application under this subsection shall give notice of the intent of the State to submit such application not later than 30 days before the date of submission of the application. ``(B) Method of notice and solicitation.--The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. ``(4) Other federal agency views.--If a State applies to assume a responsibility of a responsible Federal official that would have required the responsible Federal official to consult with another Federal agency, the responsible Federal official shall solicit the views of the Federal agency before approving the application. ``(d) Jurisdiction.-- ``(1) In general.--The United States district courts shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under this section. ``(2) Legal standards and requirements.--A civil action under paragraph (1) shall be governed by the legal standards and requirements that would apply in such a civil action against the responsible Federal official had the responsible Federal official taken the actions in question. ``(g) Audits.-- ``(1) In general.--To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)), for each State participating in the program under this section, the responsible Federal official shall conduct-- ``(A) semiannual audits during each of the first 2 years of the effective period of the agreement; and ``(B) annual audits during each subsequent year of such effective period. ``(B) Response.--Not later than 60 days after the date on which the period for public comment ends, the responsible Federal official shall respond to public comments received under subparagraph (A). ``(h) Report to Congress.--Each responsible Federal official shall submit to Congress an annual report that describes the administration of this section by such official. ``(2) Responsible federal official.--The term `responsible Federal official' means-- ``(A) the Secretary of the Interior; ``(B) the Secretary of Transportation; ``(C) the Administrator of the Environmental Protection Agency; ``(D) the Secretary of the Army; and ``(E) the head of a Federal agency, with respect to the preparation of statements under section 102(2)(C) for major Federal actions (as that term is used in that section) of the agency.''.

To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE STATE. ``(4) Federal responsibility.--Any responsibility of the responsible Federal official not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the responsible Federal official. ``(5) No effect on authority.--Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the agency of the responsible Federal official for a covered Federal project, under applicable law (including regulations) with respect to the project. ``(2) Public notice.-- ``(A) In general.--Each State that submits an application under this subsection shall give notice of the intent of the State to submit such application not later than 30 days before the date of submission of the application. ``(4) Other federal agency views.--If a State applies to assume a responsibility of a responsible Federal official that would have required the responsible Federal official to consult with another Federal agency, the responsible Federal official shall solicit the views of the Federal agency before approving the application. ``(d) Jurisdiction.-- ``(1) In general.--The United States district courts shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under this section. ``(f) Limitations on Agreements.--Nothing in this section permits a State to assume any rulemaking authority of the responsible Federal official under any Federal law. ``(g) Audits.-- ``(1) In general.--To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)), for each State participating in the program under this section, the responsible Federal official shall conduct-- ``(A) semiannual audits during each of the first 2 years of the effective period of the agreement; and ``(B) annual audits during each subsequent year of such effective period. ``(2) Responsible federal official.--The term `responsible Federal official' means-- ``(A) the Secretary of the Interior; ``(B) the Secretary of Transportation; ``(C) the Administrator of the Environmental Protection Agency; ``(D) the Secretary of the Army; and ``(E) the head of a Federal agency, with respect to the preparation of statements under section 102(2)(C) for major Federal actions (as that term is used in that section) of the agency.''.

To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes. ``(B) Method of notice and solicitation.--The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. ``(4) Other federal agency views.--If a State applies to assume a responsibility of a responsible Federal official that would have required the responsible Federal official to consult with another Federal agency, the responsible Federal official shall solicit the views of the Federal agency before approving the application. ``(g) Audits.-- ``(1) In general.--To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)), for each State participating in the program under this section, the responsible Federal official shall conduct-- ``(A) semiannual audits during each of the first 2 years of the effective period of the agreement; and ``(B) annual audits during each subsequent year of such effective period. ``(h) Report to Congress.--Each responsible Federal official shall submit to Congress an annual report that describes the administration of this section by such official. ``(2) Responsible federal official.--The term `responsible Federal official' means-- ``(A) the Secretary of the Interior; ``(B) the Secretary of Transportation; ``(C) the Administrator of the Environmental Protection Agency; ``(D) the Secretary of the Army; and ``(E) the head of a Federal agency, with respect to the preparation of statements under section 102(2)(C) for major Federal actions (as that term is used in that section) of the agency. ''.

To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes. ``(g) Audits.-- ``(1) In general.--To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)), for each State participating in the program under this section, the responsible Federal official shall conduct-- ``(A) semiannual audits during each of the first 2 years of the effective period of the agreement; and ``(B) annual audits during each subsequent year of such effective period. ``(2) Responsible federal official.--The term `responsible Federal official' means-- ``(A) the Secretary of the Interior; ``(B) the Secretary of Transportation; ``(C) the Administrator of the Environmental Protection Agency; ``(D) the Secretary of the Army; and ``(E) the head of a Federal agency, with respect to the preparation of statements under section 102(2)(C) for major Federal actions (as that term is used in that section) of the agency. ''.

To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes. ``(B) Method of notice and solicitation.--The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. ``(4) Other federal agency views.--If a State applies to assume a responsibility of a responsible Federal official that would have required the responsible Federal official to consult with another Federal agency, the responsible Federal official shall solicit the views of the Federal agency before approving the application. ``(g) Audits.-- ``(1) In general.--To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)), for each State participating in the program under this section, the responsible Federal official shall conduct-- ``(A) semiannual audits during each of the first 2 years of the effective period of the agreement; and ``(B) annual audits during each subsequent year of such effective period. ``(h) Report to Congress.--Each responsible Federal official shall submit to Congress an annual report that describes the administration of this section by such official. ``(2) Responsible federal official.--The term `responsible Federal official' means-- ``(A) the Secretary of the Interior; ``(B) the Secretary of Transportation; ``(C) the Administrator of the Environmental Protection Agency; ``(D) the Secretary of the Army; and ``(E) the head of a Federal agency, with respect to the preparation of statements under section 102(2)(C) for major Federal actions (as that term is used in that section) of the agency. ''.

Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2021 or the REBUILD Act This bill amends the National Environmental Policy Act of 1969 to authorize assignment to states of federal agency environmental review responsibilities, and for other purposes. The bill authorizes the responsible federal official to assign, and the state may assume, the responsibilities of the responsible Federal official with respect to one Directs the responsible Federal official to: (1) ensure compliance by a state with any agreement of the state under this Act, including compliance by the state with all Federal laws for which responsibility is assumed; and (2) terminate an agreement with a state if the responsible federal official determines that the state is not adequately carrying out the responsibilities assumed by the State. (Sec. 3)

H.R.5187

Taxation

Home Energy Savings Act of 2021 This bill extends the nonbusiness energy property tax credit through 2031 and increases the credit percentage from 10% to 30% for qualified energy efficiency improvements. The bill also imposes a $1,200 annual limitation on the credit and limits for windows and doors. The bill allows a credit for 30% of the cost of home energy audits. A home energy audit is an inspection and written report for a taxpayer's principal residence that identifies the most significant and cost-effective energy efficiency improvements and is conducted and prepared by a certified home energy auditor. The bill also requires that energy property placed in service after 2023 be produced by a qualified manufacturer and that the taxpayer includes the qualified product identification number for such property on the return of tax.

To amend the Internal Revenue Code of 1986 to extend, increase, and modify the nonbusiness energy property credit. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Savings Act of 2021''. SEC. 2. EXTENSION, INCREASE, AND MODIFICATIONS OF NONBUSINESS ENERGY PROPERTY CREDIT. (a) Extension of Credit.--Section 25C(g)(2) is amended by striking ``December 31, 2021'' and inserting ``December 31, 2031''. (b) Increase in Credit Percentage for Qualified Energy Efficiency Improvements.--Section 25C(a)(1) is amended by striking ``10 percent'' and inserting ``30 percent''. (c) Application of Annual Limitation in Lieu of Lifetime Limitation.--Section 25C(b) is amended to read as follows: ``(b) Limitations.-- ``(1) In general.--The credit allowed under this section with respect to any taxpayer for any taxable year shall not exceed $1,200. ``(2) Windows.--The credit allowed under this section by reason of subsection (a)(1) with respect to any taxpayer for any taxable year shall not exceed-- ``(A) in the aggregate with respect to all exterior windows and skylights which are not described in subparagraph (B), $200, ``(B) in the aggregate with respect to all exterior windows and skylights which meet the standard for the most efficient certification under applicable Energy Star program requirements, the excess (if any) of $600 over the credit so allowed with respect to all windows and skylights taken into account under subparagraph (A). ``(3) Doors.--The credit allowed under this section by reason of subsection (a)(1) with respect to any taxpayer for any taxable year shall not exceed-- ``(A) $250 in the case of any exterior door, and ``(B) $500 in the aggregate with respect to all exterior doors.''. (d) Modifications Related to Qualified Energy Efficiency Improvements.-- (1) Standards for energy efficient building envelope components.--Section 25C(c)(2) is amended by striking ``meets-- '' and all that follows through the period at the end and inserting the following: ``meets-- ``(A) in the case of an exterior window, a skylight, or an exterior door, applicable Energy Star program requirements, and ``(B) in the case of any other component, the prescriptive criteria for such component established by the IECC standard in effect as of the beginning of the calendar year which is 2 years prior to the calendar year in which such component is placed in service.''. (2) Roofs not treated as building envelope components.-- Section 25C(c)(3) is amended by adding ``and'' at the end of subparagraph (B), by striking ``, and'' at the end of subparagraph (C) and inserting a period, and by striking subparagraph (D). (3) Air barrier insulation added to definition of building envelope component.--Section 25C(c)(3)(A) is amended by striking ``material or system'' and inserting ``material or system, including air barrier insulation,''. (e) Modification of Residential Energy Property Expenditures.-- Section 25C(d) is amended to read as follows: ``(d) Residential Energy Property Expenditures.--For purposes of this section-- ``(1) In general.--The term `residential energy property expenditures' means expenditures made by the taxpayer for qualified energy property which is-- ``(A) installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer, and ``(B) originally placed in service by the taxpayer. Such term includes expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property. ``(2) Qualified energy property.--The term `qualified energy property' means any of the following which meet or exceed the highest efficiency tier (not including any advanced tier) established by the Consortium for Energy Efficiency which is in effect as of the beginning of the calendar year in which the property is placed in service: ``(A) An electric heat pump water heater. ``(B) An electric heat pump. ``(C) A central air conditioner. ``(D) A natural gas, propane, or oil water heater. ``(E) A natural gas, propane, or oil furnace or hot water boiler.''. (f) Home Energy Audits.-- (1) In general.--Section 25C(a) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits.''. (2) Limitation.--Section 25C(b), as amended by subsection (c), is amended adding at the end the following new paragraph: ``(5) Home energy audits.-- ``(A) Dollar limitation.--The amount of the credit allowed under this section by reason of subsection (a)(3) shall not exceed $150. ``(B) Substantiation requirement.--No credit shall be allowed under this section by reason of subsection (a)(3) unless the taxpayer includes with the taxpayer's return of tax such information or documentation as the Secretary may require.''. (3) Home energy audits.-- (A) In general.--Section 25C, as amended by subsection (a), is amended by redesignating subsections (e), (f), and (g), as subsections (f), (g), and (h), respectively, and by inserting after subsection (d) the following new subsection: ``(e) Home Energy Audits.--For purposes of this section, the term `home energy audit' means an inspection and written report with respect to a dwelling unit located in the United States and owned or used by the taxpayer as the taxpayer's principal residence (within the meaning of section 121) which-- ``(1) identifies the most significant and cost-effective energy efficiency improvements with respect to such dwelling unit, including an estimate of the energy and cost savings with respect to each such improvement, and ``(2) is conducted and prepared by a home energy auditor that meets the certification or other requirements specified by the Secretary (after consultation with the Secretary of Energy, and not later than 180 days after the date of the enactment of this subsection) in regulations or other guidance.''. (B) Conforming amendment.--Section 1016(a)(33) is amended by striking ``section 25C(f)'' and inserting ``section 25C(g)''. (4) Lack of substantiation treated as mathematical or clerical error.--Section 6213(g)(2) is amended-- (A) in subparagraph (P), by striking ``and'' at the end, (B) in subparagraph (Q), by striking the period at the end and inserting ``, and'', and (C) by adding at the end the following: ``(R) an omission of correct information or documentation required under section 25C(b)(5)(B) (relating to home energy audits) to be included on a return.''. (g) Identification Number Requirement.-- (1) In general.--Section 25C, as amended by subsections (a) and (f), is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Product Identification Number Requirement.-- ``(1) In general.--No credit shall be allowed under subsection (a) with respect to any item of specified property placed in service after December 31, 2023, unless-- ``(A) such item is produced by a qualified manufacturer, and ``(B) the taxpayer includes the qualified product identification number of such item on the return of tax for the taxable year. ``(2) Qualified product identification number.--For purposes of this section, the term `qualified product identification number' means, with respect to any item of specified property, the product identification number assigned to such item by the qualified manufacturer pursuant to the methodology referred to in paragraph (3). ``(3) Qualified manufacturer.--For purposes of this section, the term `qualified manufacturer' means any manufacturer of specified property which enters into an agreement with the Secretary which provides that such manufacturer will-- ``(A) assign a product identification number to each item of specified property produced by such manufacturer utilizing a methodology that will ensure that such number (including any alphanumeric) is unique to each such item (by utilizing numbers or letters which are unique to such manufacturer or by such other method as the Secretary may provide), ``(B) label such item with such number in such manner as the Secretary may provide, and ``(C) make periodic written reports to the Secretary (at such times and in such manner as the Secretary may provide) of the product identification numbers so assigned and including such information as the Secretary may require with respect to the item of specified property to which such number was so assigned. ``(4) Specified property.--For purposes of this subsection, the term `specified property' means any qualified energy property and any property described in subparagraph (B) or (C) of subsection (c)(3).''. (2) Omission of correct product identification number treated as mathematical or clerical error.--Section 6213(g)(2), as amended by the preceding provisions of this Act, is amended-- (A) in subparagraph (Q), by striking ``and'' at the end, (B) in subparagraph (R), by striking the period at the end and inserting ``, and'', and (C) by adding at the end the following: ``(S) an omission of a correct product identification number required under section 25C(h) (relating to credit for nonbusiness energy property) to be included on a return.''. (h) Effective Dates.-- (1) In general.--Except as otherwise provided by this subsection, the amendments made by this section shall apply to property placed in service after December 31, 2021. (2) Home energy audits.--The amendments made by subsection (f) shall apply to amounts paid or incurred after December 31, 2021. (3) Identification number requirement.--The amendments made subsection (g) shall apply to property placed in service after December 31, 2023. <all>

Home Energy Savings Act of 2021

To amend the Internal Revenue Code of 1986 to extend, increase, and modify the nonbusiness energy property credit.

Home Energy Savings Act of 2021

Rep. Gomez, Jimmy

D

CA

This bill extends the nonbusiness energy property tax credit through 2031 and increases the credit percentage from 10% to 30% for qualified energy efficiency improvements. The bill also imposes a $1,200 annual limitation on the credit and limits for windows and doors. The bill allows a credit for 30% of the cost of home energy audits. A home energy audit is an inspection and written report for a taxpayer's principal residence that identifies the most significant and cost-effective energy efficiency improvements and is conducted and prepared by a certified home energy auditor. The bill also requires that energy property placed in service after 2023 be produced by a qualified manufacturer and that the taxpayer includes the qualified product identification number for such property on the return of tax.

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 ``Home Energy Savings Act of 2021''. 2. EXTENSION, INCREASE, AND MODIFICATIONS OF NONBUSINESS ENERGY PROPERTY CREDIT. ``(3) Doors.--The credit allowed under this section by reason of subsection (a)(1) with respect to any taxpayer for any taxable year shall not exceed-- ``(A) $250 in the case of any exterior door, and ``(B) $500 in the aggregate with respect to all exterior doors.''. (3) Air barrier insulation added to definition of building envelope component.--Section 25C(c)(3)(A) is amended by striking ``material or system'' and inserting ``material or system, including air barrier insulation,''. Such term includes expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property. ``(B) An electric heat pump. ``(D) A natural gas, propane, or oil water heater. (f) Home Energy Audits.-- (1) In general.--Section 25C(a) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits.''. (B) Conforming amendment.--Section 1016(a)(33) is amended by striking ``section 25C(f)'' and inserting ``section 25C(g)''. ``(2) Qualified product identification number.--For purposes of this section, the term `qualified product identification number' means, with respect to any item of specified property, the product identification number assigned to such item by the qualified manufacturer pursuant to the methodology referred to in paragraph (3). ``(3) Qualified manufacturer.--For purposes of this section, the term `qualified manufacturer' means any manufacturer of specified property which enters into an agreement with the Secretary which provides that such manufacturer will-- ``(A) assign a product identification number to each item of specified property produced by such manufacturer utilizing a methodology that will ensure that such number (including any alphanumeric) is unique to each such item (by utilizing numbers or letters which are unique to such manufacturer or by such other method as the Secretary may provide), ``(B) label such item with such number in such manner as the Secretary may provide, and ``(C) make periodic written reports to the Secretary (at such times and in such manner as the Secretary may provide) of the product identification numbers so assigned and including such information as the Secretary may require with respect to the item of specified property to which such number was so assigned. ``(4) Specified property.--For purposes of this subsection, the term `specified property' means any qualified energy property and any property described in subparagraph (B) or (C) of subsection (c)(3).''. (3) Identification number requirement.--The amendments made subsection (g) shall apply to property placed in service after December 31, 2023.

This Act may be cited as the ``Home Energy Savings Act of 2021''. 2. EXTENSION, INCREASE, AND MODIFICATIONS OF NONBUSINESS ENERGY PROPERTY CREDIT. ``(3) Doors.--The credit allowed under this section by reason of subsection (a)(1) with respect to any taxpayer for any taxable year shall not exceed-- ``(A) $250 in the case of any exterior door, and ``(B) $500 in the aggregate with respect to all exterior doors.''. (3) Air barrier insulation added to definition of building envelope component.--Section 25C(c)(3)(A) is amended by striking ``material or system'' and inserting ``material or system, including air barrier insulation,''. Such term includes expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property. ``(B) An electric heat pump. ``(D) A natural gas, propane, or oil water heater. (f) Home Energy Audits.-- (1) In general.--Section 25C(a) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits.''. (B) Conforming amendment.--Section 1016(a)(33) is amended by striking ``section 25C(f)'' and inserting ``section 25C(g)''. ``(2) Qualified product identification number.--For purposes of this section, the term `qualified product identification number' means, with respect to any item of specified property, the product identification number assigned to such item by the qualified manufacturer pursuant to the methodology referred to in paragraph (3). ``(4) Specified property.--For purposes of this subsection, the term `specified property' means any qualified energy property and any property described in subparagraph (B) or (C) of subsection (c)(3).''. (3) Identification number requirement.--The amendments made subsection (g) shall apply to property placed in service after December 31, 2023.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Savings Act of 2021''. SEC. 2. EXTENSION, INCREASE, AND MODIFICATIONS OF NONBUSINESS ENERGY PROPERTY CREDIT. (c) Application of Annual Limitation in Lieu of Lifetime Limitation.--Section 25C(b) is amended to read as follows: ``(b) Limitations.-- ``(1) In general.--The credit allowed under this section with respect to any taxpayer for any taxable year shall not exceed $1,200. ``(2) Windows.--The credit allowed under this section by reason of subsection (a)(1) with respect to any taxpayer for any taxable year shall not exceed-- ``(A) in the aggregate with respect to all exterior windows and skylights which are not described in subparagraph (B), $200, ``(B) in the aggregate with respect to all exterior windows and skylights which meet the standard for the most efficient certification under applicable Energy Star program requirements, the excess (if any) of $600 over the credit so allowed with respect to all windows and skylights taken into account under subparagraph (A). ``(3) Doors.--The credit allowed under this section by reason of subsection (a)(1) with respect to any taxpayer for any taxable year shall not exceed-- ``(A) $250 in the case of any exterior door, and ``(B) $500 in the aggregate with respect to all exterior doors.''. (3) Air barrier insulation added to definition of building envelope component.--Section 25C(c)(3)(A) is amended by striking ``material or system'' and inserting ``material or system, including air barrier insulation,''. Such term includes expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property. ``(B) An electric heat pump. ``(D) A natural gas, propane, or oil water heater. ``(E) A natural gas, propane, or oil furnace or hot water boiler.''. (f) Home Energy Audits.-- (1) In general.--Section 25C(a) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits.''. (B) Conforming amendment.--Section 1016(a)(33) is amended by striking ``section 25C(f)'' and inserting ``section 25C(g)''. (4) Lack of substantiation treated as mathematical or clerical error.--Section 6213(g)(2) is amended-- (A) in subparagraph (P), by striking ``and'' at the end, (B) in subparagraph (Q), by striking the period at the end and inserting ``, and'', and (C) by adding at the end the following: ``(R) an omission of correct information or documentation required under section 25C(b)(5)(B) (relating to home energy audits) to be included on a return.''. ``(2) Qualified product identification number.--For purposes of this section, the term `qualified product identification number' means, with respect to any item of specified property, the product identification number assigned to such item by the qualified manufacturer pursuant to the methodology referred to in paragraph (3). ``(3) Qualified manufacturer.--For purposes of this section, the term `qualified manufacturer' means any manufacturer of specified property which enters into an agreement with the Secretary which provides that such manufacturer will-- ``(A) assign a product identification number to each item of specified property produced by such manufacturer utilizing a methodology that will ensure that such number (including any alphanumeric) is unique to each such item (by utilizing numbers or letters which are unique to such manufacturer or by such other method as the Secretary may provide), ``(B) label such item with such number in such manner as the Secretary may provide, and ``(C) make periodic written reports to the Secretary (at such times and in such manner as the Secretary may provide) of the product identification numbers so assigned and including such information as the Secretary may require with respect to the item of specified property to which such number was so assigned. ``(4) Specified property.--For purposes of this subsection, the term `specified property' means any qualified energy property and any property described in subparagraph (B) or (C) of subsection (c)(3).''. (3) Identification number requirement.--The amendments made subsection (g) shall apply to property placed in service after December 31, 2023.

To amend the Internal Revenue Code of 1986 to extend, increase, and modify the nonbusiness energy property credit. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Savings Act of 2021''. SEC. 2. EXTENSION, INCREASE, AND MODIFICATIONS OF NONBUSINESS ENERGY PROPERTY CREDIT. (b) Increase in Credit Percentage for Qualified Energy Efficiency Improvements.--Section 25C(a)(1) is amended by striking ``10 percent'' and inserting ``30 percent''. (c) Application of Annual Limitation in Lieu of Lifetime Limitation.--Section 25C(b) is amended to read as follows: ``(b) Limitations.-- ``(1) In general.--The credit allowed under this section with respect to any taxpayer for any taxable year shall not exceed $1,200. ``(2) Windows.--The credit allowed under this section by reason of subsection (a)(1) with respect to any taxpayer for any taxable year shall not exceed-- ``(A) in the aggregate with respect to all exterior windows and skylights which are not described in subparagraph (B), $200, ``(B) in the aggregate with respect to all exterior windows and skylights which meet the standard for the most efficient certification under applicable Energy Star program requirements, the excess (if any) of $600 over the credit so allowed with respect to all windows and skylights taken into account under subparagraph (A). ``(3) Doors.--The credit allowed under this section by reason of subsection (a)(1) with respect to any taxpayer for any taxable year shall not exceed-- ``(A) $250 in the case of any exterior door, and ``(B) $500 in the aggregate with respect to all exterior doors.''. (3) Air barrier insulation added to definition of building envelope component.--Section 25C(c)(3)(A) is amended by striking ``material or system'' and inserting ``material or system, including air barrier insulation,''. (e) Modification of Residential Energy Property Expenditures.-- Section 25C(d) is amended to read as follows: ``(d) Residential Energy Property Expenditures.--For purposes of this section-- ``(1) In general.--The term `residential energy property expenditures' means expenditures made by the taxpayer for qualified energy property which is-- ``(A) installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer, and ``(B) originally placed in service by the taxpayer. Such term includes expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property. ``(2) Qualified energy property.--The term `qualified energy property' means any of the following which meet or exceed the highest efficiency tier (not including any advanced tier) established by the Consortium for Energy Efficiency which is in effect as of the beginning of the calendar year in which the property is placed in service: ``(A) An electric heat pump water heater. ``(B) An electric heat pump. ``(C) A central air conditioner. ``(D) A natural gas, propane, or oil water heater. ``(E) A natural gas, propane, or oil furnace or hot water boiler.''. (f) Home Energy Audits.-- (1) In general.--Section 25C(a) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits.''. (B) Conforming amendment.--Section 1016(a)(33) is amended by striking ``section 25C(f)'' and inserting ``section 25C(g)''. (4) Lack of substantiation treated as mathematical or clerical error.--Section 6213(g)(2) is amended-- (A) in subparagraph (P), by striking ``and'' at the end, (B) in subparagraph (Q), by striking the period at the end and inserting ``, and'', and (C) by adding at the end the following: ``(R) an omission of correct information or documentation required under section 25C(b)(5)(B) (relating to home energy audits) to be included on a return.''. ``(2) Qualified product identification number.--For purposes of this section, the term `qualified product identification number' means, with respect to any item of specified property, the product identification number assigned to such item by the qualified manufacturer pursuant to the methodology referred to in paragraph (3). ``(3) Qualified manufacturer.--For purposes of this section, the term `qualified manufacturer' means any manufacturer of specified property which enters into an agreement with the Secretary which provides that such manufacturer will-- ``(A) assign a product identification number to each item of specified property produced by such manufacturer utilizing a methodology that will ensure that such number (including any alphanumeric) is unique to each such item (by utilizing numbers or letters which are unique to such manufacturer or by such other method as the Secretary may provide), ``(B) label such item with such number in such manner as the Secretary may provide, and ``(C) make periodic written reports to the Secretary (at such times and in such manner as the Secretary may provide) of the product identification numbers so assigned and including such information as the Secretary may require with respect to the item of specified property to which such number was so assigned. ``(4) Specified property.--For purposes of this subsection, the term `specified property' means any qualified energy property and any property described in subparagraph (B) or (C) of subsection (c)(3).''. (h) Effective Dates.-- (1) In general.--Except as otherwise provided by this subsection, the amendments made by this section shall apply to property placed in service after December 31, 2021. (3) Identification number requirement.--The amendments made subsection (g) shall apply to property placed in service after December 31, 2023.

To amend the Internal Revenue Code of 1986 to extend, increase, and modify the nonbusiness energy property credit. a) Extension of Credit.--Section 25C(g)(2) is amended by striking ``December 31, 2021'' and inserting ``December 31, 2031''. ( ``(3) Doors.--The credit allowed under this section by reason of subsection (a)(1) with respect to any taxpayer for any taxable year shall not exceed-- ``(A) $250 in the case of any exterior door, and ``(B) $500 in the aggregate with respect to all exterior doors.''. ( 2) Roofs not treated as building envelope components.-- Section 25C(c)(3) is amended by adding ``and'' at the end of subparagraph (B), by striking ``, and'' at the end of subparagraph (C) and inserting a period, and by striking subparagraph (D). ( (e) Modification of Residential Energy Property Expenditures.-- Section 25C(d) is amended to read as follows: ``(d) Residential Energy Property Expenditures.--For purposes of this section-- ``(1) In general.--The term `residential energy property expenditures' means expenditures made by the taxpayer for qualified energy property which is-- ``(A) installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer, and ``(B) originally placed in service by the taxpayer. ``(D) A natural gas, propane, or oil water heater. (f) Home Energy Audits.-- (1) In general.--Section 25C(a) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits.''. ( ``(B) Substantiation requirement.--No credit shall be allowed under this section by reason of subsection (a)(3) unless the taxpayer includes with the taxpayer's return of tax such information or documentation as the Secretary may require.''. B) Conforming amendment.--Section 1016(a)(33) is amended by striking ``section 25C(f)'' and inserting ``section 25C(g)''. (4) Lack of substantiation treated as mathematical or clerical error.--Section 6213(g)(2) is amended-- (A) in subparagraph (P), by striking ``and'' at the end, (B) in subparagraph (Q), by striking the period at the end and inserting ``, and'', and (C) by adding at the end the following: ``(R) an omission of correct information or documentation required under section 25C(b)(5)(B) (relating to home energy audits) to be included on a return.''. ( ``(2) Qualified product identification number.--For purposes of this section, the term `qualified product identification number' means, with respect to any item of specified property, the product identification number assigned to such item by the qualified manufacturer pursuant to the methodology referred to in paragraph (3). ``(4) Specified property.--For purposes of this subsection, the term `specified property' means any qualified energy property and any property described in subparagraph (B) or (C) of subsection (c)(3).''. (2) Omission of correct product identification number treated as mathematical or clerical error.--Section 6213(g)(2), as amended by the preceding provisions of this Act, is amended-- (A) in subparagraph (Q), by striking ``and'' at the end, (B) in subparagraph (R), by striking the period at the end and inserting ``, and'', and (C) by adding at the end the following: ``(S) an omission of a correct product identification number required under section 25C(h) (relating to credit for nonbusiness energy property) to be included on a return.''. ( 3) Identification number requirement.--The amendments made subsection (g) shall apply to property placed in service after December 31, 2023.

To amend the Internal Revenue Code of 1986 to extend, increase, and modify the nonbusiness energy property credit. c) Application of Annual Limitation in Lieu of Lifetime Limitation.--Section 25C(b) is amended to read as follows: ``(b) Limitations.-- ``(1) In general.--The credit allowed under this section with respect to any taxpayer for any taxable year shall not exceed $1,200. 2) Roofs not treated as building envelope components.-- Section 25C(c)(3) is amended by adding ``and'' at the end of subparagraph (B), by striking ``, and'' at the end of subparagraph (C) and inserting a period, and by striking subparagraph (D). ( ``(D) A natural gas, propane, or oil water heater. (f) Home Energy Audits.-- (1) In general.--Section 25C(a) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits.''. ( 2) Limitation.--Section 25C(b), as amended by subsection (c), is amended adding at the end the following new paragraph: ``(5) Home energy audits.-- ``(A) Dollar limitation.--The amount of the credit allowed under this section by reason of subsection (a)(3) shall not exceed $150. (4) Lack of substantiation treated as mathematical or clerical error.--Section 6213(g)(2) is amended-- (A) in subparagraph (P), by striking ``and'' at the end, (B) in subparagraph (Q), by striking the period at the end and inserting ``, and'', and (C) by adding at the end the following: ``(R) an omission of correct information or documentation required under section 25C(b)(5)(B) (relating to home energy audits) to be included on a return.''. ( ``(2) Qualified product identification number.--For purposes of this section, the term `qualified product identification number' means, with respect to any item of specified property, the product identification number assigned to such item by the qualified manufacturer pursuant to the methodology referred to in paragraph (3). ``(4) Specified property.--For purposes of this subsection, the term `specified property' means any qualified energy property and any property described in subparagraph (B) or (C) of subsection (c)(3).''. ( 3) Identification number requirement.--The amendments made subsection (g) shall apply to property placed in service after December 31, 2023.

To amend the Internal Revenue Code of 1986 to extend, increase, and modify the nonbusiness energy property credit. c) Application of Annual Limitation in Lieu of Lifetime Limitation.--Section 25C(b) is amended to read as follows: ``(b) Limitations.-- ``(1) In general.--The credit allowed under this section with respect to any taxpayer for any taxable year shall not exceed $1,200. 2) Roofs not treated as building envelope components.-- Section 25C(c)(3) is amended by adding ``and'' at the end of subparagraph (B), by striking ``, and'' at the end of subparagraph (C) and inserting a period, and by striking subparagraph (D). ( ``(D) A natural gas, propane, or oil water heater. (f) Home Energy Audits.-- (1) In general.--Section 25C(a) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits.''. ( 2) Limitation.--Section 25C(b), as amended by subsection (c), is amended adding at the end the following new paragraph: ``(5) Home energy audits.-- ``(A) Dollar limitation.--The amount of the credit allowed under this section by reason of subsection (a)(3) shall not exceed $150. (4) Lack of substantiation treated as mathematical or clerical error.--Section 6213(g)(2) is amended-- (A) in subparagraph (P), by striking ``and'' at the end, (B) in subparagraph (Q), by striking the period at the end and inserting ``, and'', and (C) by adding at the end the following: ``(R) an omission of correct information or documentation required under section 25C(b)(5)(B) (relating to home energy audits) to be included on a return.''. ( ``(2) Qualified product identification number.--For purposes of this section, the term `qualified product identification number' means, with respect to any item of specified property, the product identification number assigned to such item by the qualified manufacturer pursuant to the methodology referred to in paragraph (3). ``(4) Specified property.--For purposes of this subsection, the term `specified property' means any qualified energy property and any property described in subparagraph (B) or (C) of subsection (c)(3).''. ( 3) Identification number requirement.--The amendments made subsection (g) shall apply to property placed in service after December 31, 2023.

To amend the Internal Revenue Code of 1986 to extend, increase, and modify the nonbusiness energy property credit. a) Extension of Credit.--Section 25C(g)(2) is amended by striking ``December 31, 2021'' and inserting ``December 31, 2031''. ( ``(3) Doors.--The credit allowed under this section by reason of subsection (a)(1) with respect to any taxpayer for any taxable year shall not exceed-- ``(A) $250 in the case of any exterior door, and ``(B) $500 in the aggregate with respect to all exterior doors.''. ( 2) Roofs not treated as building envelope components.-- Section 25C(c)(3) is amended by adding ``and'' at the end of subparagraph (B), by striking ``, and'' at the end of subparagraph (C) and inserting a period, and by striking subparagraph (D). ( (e) Modification of Residential Energy Property Expenditures.-- Section 25C(d) is amended to read as follows: ``(d) Residential Energy Property Expenditures.--For purposes of this section-- ``(1) In general.--The term `residential energy property expenditures' means expenditures made by the taxpayer for qualified energy property which is-- ``(A) installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer, and ``(B) originally placed in service by the taxpayer. ``(D) A natural gas, propane, or oil water heater. (f) Home Energy Audits.-- (1) In general.--Section 25C(a) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits.''. ( ``(B) Substantiation requirement.--No credit shall be allowed under this section by reason of subsection (a)(3) unless the taxpayer includes with the taxpayer's return of tax such information or documentation as the Secretary may require.''. B) Conforming amendment.--Section 1016(a)(33) is amended by striking ``section 25C(f)'' and inserting ``section 25C(g)''. (4) Lack of substantiation treated as mathematical or clerical error.--Section 6213(g)(2) is amended-- (A) in subparagraph (P), by striking ``and'' at the end, (B) in subparagraph (Q), by striking the period at the end and inserting ``, and'', and (C) by adding at the end the following: ``(R) an omission of correct information or documentation required under section 25C(b)(5)(B) (relating to home energy audits) to be included on a return.''. ( ``(2) Qualified product identification number.--For purposes of this section, the term `qualified product identification number' means, with respect to any item of specified property, the product identification number assigned to such item by the qualified manufacturer pursuant to the methodology referred to in paragraph (3). ``(4) Specified property.--For purposes of this subsection, the term `specified property' means any qualified energy property and any property described in subparagraph (B) or (C) of subsection (c)(3).''. (2) Omission of correct product identification number treated as mathematical or clerical error.--Section 6213(g)(2), as amended by the preceding provisions of this Act, is amended-- (A) in subparagraph (Q), by striking ``and'' at the end, (B) in subparagraph (R), by striking the period at the end and inserting ``, and'', and (C) by adding at the end the following: ``(S) an omission of a correct product identification number required under section 25C(h) (relating to credit for nonbusiness energy property) to be included on a return.''. ( 3) Identification number requirement.--The amendments made subsection (g) shall apply to property placed in service after December 31, 2023.

To amend the Internal Revenue Code of 1986 to extend, increase, and modify the nonbusiness energy property credit. c) Application of Annual Limitation in Lieu of Lifetime Limitation.--Section 25C(b) is amended to read as follows: ``(b) Limitations.-- ``(1) In general.--The credit allowed under this section with respect to any taxpayer for any taxable year shall not exceed $1,200. 2) Roofs not treated as building envelope components.-- Section 25C(c)(3) is amended by adding ``and'' at the end of subparagraph (B), by striking ``, and'' at the end of subparagraph (C) and inserting a period, and by striking subparagraph (D). ( ``(D) A natural gas, propane, or oil water heater. (f) Home Energy Audits.-- (1) In general.--Section 25C(a) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits.''. ( 2) Limitation.--Section 25C(b), as amended by subsection (c), is amended adding at the end the following new paragraph: ``(5) Home energy audits.-- ``(A) Dollar limitation.--The amount of the credit allowed under this section by reason of subsection (a)(3) shall not exceed $150. (4) Lack of substantiation treated as mathematical or clerical error.--Section 6213(g)(2) is amended-- (A) in subparagraph (P), by striking ``and'' at the end, (B) in subparagraph (Q), by striking the period at the end and inserting ``, and'', and (C) by adding at the end the following: ``(R) an omission of correct information or documentation required under section 25C(b)(5)(B) (relating to home energy audits) to be included on a return.''. ( ``(2) Qualified product identification number.--For purposes of this section, the term `qualified product identification number' means, with respect to any item of specified property, the product identification number assigned to such item by the qualified manufacturer pursuant to the methodology referred to in paragraph (3). ``(4) Specified property.--For purposes of this subsection, the term `specified property' means any qualified energy property and any property described in subparagraph (B) or (C) of subsection (c)(3).''. ( 3) Identification number requirement.--The amendments made subsection (g) shall apply to property placed in service after December 31, 2023.

To amend the Internal Revenue Code of 1986 to extend, increase, and modify the nonbusiness energy property credit. a) Extension of Credit.--Section 25C(g)(2) is amended by striking ``December 31, 2021'' and inserting ``December 31, 2031''. ( ``(3) Doors.--The credit allowed under this section by reason of subsection (a)(1) with respect to any taxpayer for any taxable year shall not exceed-- ``(A) $250 in the case of any exterior door, and ``(B) $500 in the aggregate with respect to all exterior doors.''. ( 2) Roofs not treated as building envelope components.-- Section 25C(c)(3) is amended by adding ``and'' at the end of subparagraph (B), by striking ``, and'' at the end of subparagraph (C) and inserting a period, and by striking subparagraph (D). ( (e) Modification of Residential Energy Property Expenditures.-- Section 25C(d) is amended to read as follows: ``(d) Residential Energy Property Expenditures.--For purposes of this section-- ``(1) In general.--The term `residential energy property expenditures' means expenditures made by the taxpayer for qualified energy property which is-- ``(A) installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer, and ``(B) originally placed in service by the taxpayer. ``(D) A natural gas, propane, or oil water heater. (f) Home Energy Audits.-- (1) In general.--Section 25C(a) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits.''. ( ``(B) Substantiation requirement.--No credit shall be allowed under this section by reason of subsection (a)(3) unless the taxpayer includes with the taxpayer's return of tax such information or documentation as the Secretary may require.''. B) Conforming amendment.--Section 1016(a)(33) is amended by striking ``section 25C(f)'' and inserting ``section 25C(g)''. (4) Lack of substantiation treated as mathematical or clerical error.--Section 6213(g)(2) is amended-- (A) in subparagraph (P), by striking ``and'' at the end, (B) in subparagraph (Q), by striking the period at the end and inserting ``, and'', and (C) by adding at the end the following: ``(R) an omission of correct information or documentation required under section 25C(b)(5)(B) (relating to home energy audits) to be included on a return.''. ( ``(2) Qualified product identification number.--For purposes of this section, the term `qualified product identification number' means, with respect to any item of specified property, the product identification number assigned to such item by the qualified manufacturer pursuant to the methodology referred to in paragraph (3). ``(4) Specified property.--For purposes of this subsection, the term `specified property' means any qualified energy property and any property described in subparagraph (B) or (C) of subsection (c)(3).''. (2) Omission of correct product identification number treated as mathematical or clerical error.--Section 6213(g)(2), as amended by the preceding provisions of this Act, is amended-- (A) in subparagraph (Q), by striking ``and'' at the end, (B) in subparagraph (R), by striking the period at the end and inserting ``, and'', and (C) by adding at the end the following: ``(S) an omission of a correct product identification number required under section 25C(h) (relating to credit for nonbusiness energy property) to be included on a return.''. ( 3) Identification number requirement.--The amendments made subsection (g) shall apply to property placed in service after December 31, 2023.

To amend the Internal Revenue Code of 1986 to extend, increase, and modify the nonbusiness energy property credit. c) Application of Annual Limitation in Lieu of Lifetime Limitation.--Section 25C(b) is amended to read as follows: ``(b) Limitations.-- ``(1) In general.--The credit allowed under this section with respect to any taxpayer for any taxable year shall not exceed $1,200. 2) Roofs not treated as building envelope components.-- Section 25C(c)(3) is amended by adding ``and'' at the end of subparagraph (B), by striking ``, and'' at the end of subparagraph (C) and inserting a period, and by striking subparagraph (D). ( ``(D) A natural gas, propane, or oil water heater. (f) Home Energy Audits.-- (1) In general.--Section 25C(a) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits.''. ( 2) Limitation.--Section 25C(b), as amended by subsection (c), is amended adding at the end the following new paragraph: ``(5) Home energy audits.-- ``(A) Dollar limitation.--The amount of the credit allowed under this section by reason of subsection (a)(3) shall not exceed $150. (4) Lack of substantiation treated as mathematical or clerical error.--Section 6213(g)(2) is amended-- (A) in subparagraph (P), by striking ``and'' at the end, (B) in subparagraph (Q), by striking the period at the end and inserting ``, and'', and (C) by adding at the end the following: ``(R) an omission of correct information or documentation required under section 25C(b)(5)(B) (relating to home energy audits) to be included on a return.''. ( ``(2) Qualified product identification number.--For purposes of this section, the term `qualified product identification number' means, with respect to any item of specified property, the product identification number assigned to such item by the qualified manufacturer pursuant to the methodology referred to in paragraph (3). ``(4) Specified property.--For purposes of this subsection, the term `specified property' means any qualified energy property and any property described in subparagraph (B) or (C) of subsection (c)(3).''. ( 3) Identification number requirement.--The amendments made subsection (g) shall apply to property placed in service after December 31, 2023.

To amend the Internal Revenue Code of 1986 to extend, increase, and modify the nonbusiness energy property credit. 2) Roofs not treated as building envelope components.-- Section 25C(c)(3) is amended by adding ``and'' at the end of subparagraph (B), by striking ``, and'' at the end of subparagraph (C) and inserting a period, and by striking subparagraph (D). ( ( (f) Home Energy Audits.-- (1) In general.--Section 25C(a) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits.''. ( ``(B) Substantiation requirement.--No credit shall be allowed under this section by reason of subsection (a)(3) unless the taxpayer includes with the taxpayer's return of tax such information or documentation as the Secretary may require.''. ``(4) Specified property.--For purposes of this subsection, the term `specified property' means any qualified energy property and any property described in subparagraph (B) or (C) of subsection (c)(3).''. ( 2) Omission of correct product identification number treated as mathematical or clerical error.--Section 6213(g)(2), as amended by the preceding provisions of this Act, is amended-- (A) in subparagraph (Q), by striking ``and'' at the end, (B) in subparagraph (R), by striking the period at the end and inserting ``, and'', and (C) by adding at the end the following: ``(S) an omission of a correct product identification number required under section 25C(h) (relating to credit for nonbusiness energy property) to be included on a return.''. (

To amend the Internal Revenue Code of 1986 to extend, increase, and modify the nonbusiness energy property credit. f) Home Energy Audits.-- (1) In general.--Section 25C(a) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits.''. ( ( 3) Identification number requirement.--The amendments made subsection (g) shall apply to property placed in service after December 31, 2023.

To amend the Internal Revenue Code of 1986 to extend, increase, and modify the nonbusiness energy property credit. 2) Roofs not treated as building envelope components.-- Section 25C(c)(3) is amended by adding ``and'' at the end of subparagraph (B), by striking ``, and'' at the end of subparagraph (C) and inserting a period, and by striking subparagraph (D). ( ( (f) Home Energy Audits.-- (1) In general.--Section 25C(a) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 30 percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits.''. ( ``(B) Substantiation requirement.--No credit shall be allowed under this section by reason of subsection (a)(3) unless the taxpayer includes with the taxpayer's return of tax such information or documentation as the Secretary may require.''. ``(4) Specified property.--For purposes of this subsection, the term `specified property' means any qualified energy property and any property described in subparagraph (B) or (C) of subsection (c)(3).''. ( 2) Omission of correct product identification number treated as mathematical or clerical error.--Section 6213(g)(2), as amended by the preceding provisions of this Act, is amended-- (A) in subparagraph (Q), by striking ``and'' at the end, (B) in subparagraph (R), by striking the period at the end and inserting ``, and'', and (C) by adding at the end the following: ``(S) an omission of a correct product identification number required under section 25C(h) (relating to credit for nonbusiness energy property) to be included on a return.''. (

Home Energy Savings Act of 2021 - Amends the Internal Revenue Code to extend, increase, and modify the nonbusiness energy property tax credit. (Currently, the credit is limited to $1,200 per year.) (Sec. 2) Increases the credit percentage for qualified energy efficiency improvements from 10% to 30% of the cost of energy efficient building envelope components.(Sec. 3 Amends the Internal Revenue Code to: (1) allow a tax credit for the purchase of qualified energy property placed in service after December 31, 2023, unless the taxpayer includes the qualified product identification number of such property on the return of tax for the taxable year; and (2) treat an omission of such number as a mathematical or clerical error. (Sec. 3)

H.R.3997

Agriculture and Food

Caregivers, Access, and Responsible Expansion for Kids Act of 2021 or the CARE for Kids Act of 2021 This bill extends eligibility for the National School Lunch Program and school breakfast program of the Department of Agriculture. A local educational agency (including any school operated by the Bureau of Indian Education) may certify as eligible for free lunches or breakfasts the following: The bill also extends eligibility for free or reduced-price school lunches for children who were determined to be eligible in the school year prior to placement with a grandparent or relative for the school year immediately following placement. The bill provides children who receive medical assistance under the Medicaid program with direct certification for free lunches and breakfasts under the school lunch and breakfast programs.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch 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 ``Caregivers, Access, and Responsible Expansion for Kids Act of 2021'' or the ``CARE for Kids Act of 2021''. SEC. 2. ENHANCING DIRECT CERTIFICATION. Section 9(b)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(5)) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``(including any school operated by the Bureau of Indian Education)'' before ``may certify''; and (2) in subparagraph (E)-- (A) in clause (i), by striking ``or'' at the end; (B) in clause (ii)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(iii) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State- operated program, as determined by the Secretary; ``(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(vi) a child of a family that-- ``(I) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full- time; or ``(II) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. SEC. 3. EXTENDED ELIGIBILITY. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(9)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) by inserting after subparagraph (B) the following: ``(C) Eligibility of transferred children.-- ``(i) Definition of covered child.--In this subparagraph, the term `covered child' means a child that-- ``(I) has been determined eligible for free or reduced price meals under this Act by a local educational agency (referred to in this subparagraph as the `original local educational agency'); and ``(II) transfers to another school that is under the jurisdiction of a different local educational agency (referred to in this subparagraph as the `new local educational agency'). ``(ii) Eligibility.--An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). ``(iii) Extension of duration.--A new local educational agency shall honor the eligibility determination for a covered child under clause (ii) for a period that is 1 year longer than the period for which that determination was authorized by the original local educational agency if the covered child began living with a caregiver-- ``(I) in the 12-month period preceding the date on which the covered child is enrolled in a school under the jurisdiction of a new local educational agency; and ``(II) who is-- ``(aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or ``(bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law.''; and (3) in subparagraph (D) (as so redesignated)-- (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (B) in the matter preceding subclause (I) (as so redesignated), by striking ``Except as'' and all that follows through ``(3)(H)(ii)'' and inserting the following: ``(i) In general.--Except as otherwise specified in clause (ii), subparagraph (C), subparagraphs (E) and (H)(ii) of paragraph (3)''; and (C) by adding at the end the following: ``(ii) Extension for certain children.--A school food authority shall extend the eligibility determination made by a local educational agency with respect to a child for a period that is 1 year longer than the period for which that determination was authorized by the local educational agency, if the child began living with a caregiver-- ``(I) in the 12-month period preceding the date on which the covered child is enrolled in the new school; and ``(II) who is-- ``(aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or ``(bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law.''. SEC. 4. EXPANDING AUTOMATIC ELIGIBILITY. (a) In General.--Section 9(b)(12)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(12)(A)) is amended-- (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(IV) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State-operated program, as determined by the Secretary; ``(V) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State- operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(VI) a child of a family that-- ``(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or ``(bb) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. (b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. SEC. 5. MEDICAID DIRECT CERTIFICATION. Section 9(b)(15)(A)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(15)(A)(i)) is amended-- (1) in subclause (I)-- (A) in item (bb), by striking ``(bb) who'' and inserting the following: ``(BB) who''; and (B) by striking ``(I)(aa) who'' and inserting the following: ``(aa)(AA) who''; (2) in subclause (II)-- (A) by striking ``regulations) with a child described in subclause (I)'' and inserting ``regulations)) with a child described in item (aa)''; and (B) by striking ``(II) who'' and inserting the following: ``(bb) who''; (3) in the matter preceding item (aa)(AA) (as so redesignated), by striking ``The term'' and inserting the following: ``(I) In general.--The term''; and (4) by adding at the end the following: ``(II) Other children.--The term `eligible child' includes a child that receives medical assistance under the Medicaid program-- ``(aa) under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving aid or assistance under the State plan approved under part E of title IV of that Act (42 U.S.C. 670 et seq.) or by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or ``(bb) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.''. <all>

Caregivers, Access, and Responsible Expansion for Kids Act of 2021

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program.

CARE for Kids Act of 2021 Caregivers, Access, and Responsible Expansion for Kids Act of 2021

Rep. Hayes, Jahana

D

CT

This bill extends eligibility for the National School Lunch Program and school breakfast program of the Department of Agriculture. A local educational agency (including any school operated by the Bureau of Indian Education) may certify as eligible for free lunches or breakfasts the following: The bill also extends eligibility for free or reduced-price school lunches for children who were determined to be eligible in the school year prior to placement with a grandparent or relative for the school year immediately following placement. The bill provides children who receive medical assistance under the Medicaid program with direct certification for free lunches and breakfasts under the school lunch and breakfast programs.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. 3. 1758(b)(9)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) by inserting after subparagraph (B) the following: ``(C) Eligibility of transferred children.-- ``(i) Definition of covered child.--In this subparagraph, the term `covered child' means a child that-- ``(I) has been determined eligible for free or reduced price meals under this Act by a local educational agency (referred to in this subparagraph as the `original local educational agency'); and ``(II) transfers to another school that is under the jurisdiction of a different local educational agency (referred to in this subparagraph as the `new local educational agency'). ``(iii) Extension of duration.--A new local educational agency shall honor the eligibility determination for a covered child under clause (ii) for a period that is 1 year longer than the period for which that determination was authorized by the original local educational agency if the covered child began living with a caregiver-- ``(I) in the 12-month period preceding the date on which the covered child is enrolled in a school under the jurisdiction of a new local educational agency; and ``(II) who is-- ``(aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or ``(bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law. 4. 1758(b)(12)(A)) is amended-- (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) 673(d)) or under a similar State-funded or State- operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(VI) a child of a family that-- ``(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or ``(bb) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. SEC. 5. or by reason of section 473(b) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.''.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. 3. 1758(b)(9)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) by inserting after subparagraph (B) the following: ``(C) Eligibility of transferred children.-- ``(i) Definition of covered child.--In this subparagraph, the term `covered child' means a child that-- ``(I) has been determined eligible for free or reduced price meals under this Act by a local educational agency (referred to in this subparagraph as the `original local educational agency'); and ``(II) transfers to another school that is under the jurisdiction of a different local educational agency (referred to in this subparagraph as the `new local educational agency'). 4. 1758(b)(12)(A)) is amended-- (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) 673(d)) or under a similar State-funded or State- operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(VI) a child of a family that-- ``(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or ``(bb) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. SEC. 5. or by reason of section 473(b) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.''.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch 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 ``Caregivers, Access, and Responsible Expansion for Kids Act of 2021'' or the ``CARE for Kids Act of 2021''. 673(a)) or under a similar State-funded or State- operated program, as determined by the Secretary; ``(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 3. EXTENDED ELIGIBILITY. 1758(b)(9)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) by inserting after subparagraph (B) the following: ``(C) Eligibility of transferred children.-- ``(i) Definition of covered child.--In this subparagraph, the term `covered child' means a child that-- ``(I) has been determined eligible for free or reduced price meals under this Act by a local educational agency (referred to in this subparagraph as the `original local educational agency'); and ``(II) transfers to another school that is under the jurisdiction of a different local educational agency (referred to in this subparagraph as the `new local educational agency'). ``(iii) Extension of duration.--A new local educational agency shall honor the eligibility determination for a covered child under clause (ii) for a period that is 1 year longer than the period for which that determination was authorized by the original local educational agency if the covered child began living with a caregiver-- ``(I) in the 12-month period preceding the date on which the covered child is enrolled in a school under the jurisdiction of a new local educational agency; and ``(II) who is-- ``(aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or ``(bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law. 4. EXPANDING AUTOMATIC ELIGIBILITY. 1758(b)(12)(A)) is amended-- (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) 673(d)) or under a similar State-funded or State- operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(VI) a child of a family that-- ``(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or ``(bb) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. SEC. 5. MEDICAID DIRECT CERTIFICATION. or by reason of section 473(b) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.''.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch 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 ``Caregivers, Access, and Responsible Expansion for Kids Act of 2021'' or the ``CARE for Kids Act of 2021''. ENHANCING DIRECT CERTIFICATION. or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State- operated program, as determined by the Secretary; ``(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 3. EXTENDED ELIGIBILITY. 1758(b)(9)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) by inserting after subparagraph (B) the following: ``(C) Eligibility of transferred children.-- ``(i) Definition of covered child.--In this subparagraph, the term `covered child' means a child that-- ``(I) has been determined eligible for free or reduced price meals under this Act by a local educational agency (referred to in this subparagraph as the `original local educational agency'); and ``(II) transfers to another school that is under the jurisdiction of a different local educational agency (referred to in this subparagraph as the `new local educational agency'). ``(ii) Eligibility.--An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). ``(iii) Extension of duration.--A new local educational agency shall honor the eligibility determination for a covered child under clause (ii) for a period that is 1 year longer than the period for which that determination was authorized by the original local educational agency if the covered child began living with a caregiver-- ``(I) in the 12-month period preceding the date on which the covered child is enrolled in a school under the jurisdiction of a new local educational agency; and ``(II) who is-- ``(aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or ``(bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law. 4. EXPANDING AUTOMATIC ELIGIBILITY. 1758(b)(12)(A)) is amended-- (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) 673(d)) or under a similar State-funded or State- operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(VI) a child of a family that-- ``(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or ``(bb) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. SEC. 5. MEDICAID DIRECT CERTIFICATION. 1758(b)(15)(A)(i)) is amended-- (1) in subclause (I)-- (A) in item (bb), by striking ``(bb) who'' and inserting the following: ``(BB) who''; and (B) by striking ``(I)(aa) who'' and inserting the following: ``(aa)(AA) who''; (2) in subclause (II)-- (A) by striking ``regulations) with a child described in subclause (I)'' and inserting ``regulations)) with a child described in item (aa)''; and (B) by striking ``(II) who'' and inserting the following: ``(bb) who''; (3) in the matter preceding item (aa)(AA) (as so redesignated), by striking ``The term'' and inserting the following: ``(I) In general.--The term''; and (4) by adding at the end the following: ``(II) Other children.--The term `eligible child' includes a child that receives medical assistance under the Medicaid program-- ``(aa) under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 670 et seq.) or by reason of section 473(b) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.''.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENDED ELIGIBILITY. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(ii) Eligibility.--An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). EXPANDING AUTOMATIC ELIGIBILITY. ( a) In General.--Section 9(b)(12)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(12)(A)) is amended-- (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(IV) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State-operated program, as determined by the Secretary; ``(V) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State- operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(VI) a child of a family that-- ``(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or ``(bb) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. ( b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. or by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or ``(bb) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.''.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State- operated program, as determined by the Secretary; ``(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(vi) a child of a family that-- ``(I) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full- time; or ``(II) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. EXTENDED ELIGIBILITY. EXPANDING AUTOMATIC ELIGIBILITY. b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. MEDICAID DIRECT CERTIFICATION.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State- operated program, as determined by the Secretary; ``(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(vi) a child of a family that-- ``(I) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full- time; or ``(II) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. EXTENDED ELIGIBILITY. EXPANDING AUTOMATIC ELIGIBILITY. b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. MEDICAID DIRECT CERTIFICATION.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENDED ELIGIBILITY. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(ii) Eligibility.--An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). EXPANDING AUTOMATIC ELIGIBILITY. ( a) In General.--Section 9(b)(12)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(12)(A)) is amended-- (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(IV) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State-operated program, as determined by the Secretary; ``(V) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State- operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(VI) a child of a family that-- ``(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or ``(bb) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. ( b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. or by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or ``(bb) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.''.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State- operated program, as determined by the Secretary; ``(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(vi) a child of a family that-- ``(I) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full- time; or ``(II) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. EXTENDED ELIGIBILITY. EXPANDING AUTOMATIC ELIGIBILITY. b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. MEDICAID DIRECT CERTIFICATION.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENDED ELIGIBILITY. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(ii) Eligibility.--An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). EXPANDING AUTOMATIC ELIGIBILITY. ( a) In General.--Section 9(b)(12)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(12)(A)) is amended-- (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(IV) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State-operated program, as determined by the Secretary; ``(V) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State- operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(VI) a child of a family that-- ``(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or ``(bb) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. ( b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. or by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or ``(bb) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.''.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State- operated program, as determined by the Secretary; ``(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(vi) a child of a family that-- ``(I) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full- time; or ``(II) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. EXTENDED ELIGIBILITY. EXPANDING AUTOMATIC ELIGIBILITY. b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. MEDICAID DIRECT CERTIFICATION.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(ii) Eligibility.--An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. or by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or ``(bb) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits. ''.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State- operated program, as determined by the Secretary; ``(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(vi) a child of a family that-- ``(I) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full- time; or ``(II) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. EXTENDED ELIGIBILITY. EXPANDING AUTOMATIC ELIGIBILITY. b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. MEDICAID DIRECT CERTIFICATION.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(ii) Eligibility.--An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. or by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or ``(bb) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits. ''.

Caregivers, Access, and Responsible Expansion for Kids Act of 2021 or the CARE for Kids ACT of 2021 This bill amends the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program for children who are: (1) determined eligible for free or reduced price meals by a local educational agency (LEA); and (2) transferred to another Amends title IV (Medicaid) of the Social Security Act to: (1) provide for direct Medicaid certification of eligible children; and (2) require the Secretary of Health and Human Services (HHS) to establish a process for determining eligibility for Medicaid. (Currently, an eligible child is a child who receives medical assistance under the Medicaid program, adoption assistance, kinship guardians

H.R.6662

Energy

Electric Vehicles for All Act or the EVs for All Act This bill requires the Department of Energy to provide grants to eligible entities (i.e., public housing agencies, local governments, and certain non-profit organizations) to facilitate electric vehicle sharing services operated at public housing projects.

To direct the Secretary of Energy to establish a grant program to facilitate electric vehicle sharing services operated at public housing projects, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Vehicles for All Act'' or the ``EVs for All Act''. SEC. 2. DEPARTMENT OF ENERGY ELECTRIC VEHICLE SHARING SERVICE GRANT PROGRAM. (a) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall carry out, in coordination with the Secretary of Transportation and the Secretary of Housing and Urban Development, a program to award, on a competitive basis, grants to facilitate electric vehicle sharing services operated at public housing projects. (b) Eligible Entities.-- (1) In general.--The Secretary may award a grant under this section to the following entities: (A) A public housing agency. (B) A local government. (C) A non-profit organization that has entered into an agreement with a public housing agency or local government under which the agency or government agrees to host an electric vehicle sharing service on the property of such agency or government. (2) Applications.--To be eligible to receive a grant under this section, an entity specified in paragraph (1) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate. (c) Criteria for Grant Awards.--In awarding grants under this section, the Secretary shall consider the following criteria: (1) The capacity of an applicant to operate a proposed electric vehicle sharing service. (2) Whether such proposed service would address-- (A) the infrastructure needs of the public housing project where such service will be operated; and (B) the transportation needs of the community surrounding such public housing project. (3) Whether the applicant has developed a culturally competent community engagement and education plan for outreach regarding such proposed service. (4) The economic and operational sustainability of such proposed service. (5) Whether the applicant proposes to install networked direct current fast charging equipment in connection with such proposed service. (6) Whether the applicant proposes to purchase electric vehicles with respect to which final assembly occurred at a location operating under a collective bargaining agreement. (7) Whether the applicant proposes to purchase electric vehicles that-- (A) with respect to final assembly, are assembled using component parts that are at least 50 percent domestic content; and (B) are powered by battery cells manufactured in the United States. (8) Other criteria as determined appropriate by the Secretary. (d) Permitted Grant Uses.-- (1) In general.--A recipient of a grant awarded under this section may only use grant funds for the following to facilitate an electric vehicle sharing service operated at a public housing project: (A) The purchase of light-duty electric vehicles that are not more than 5 years old. (B) The purchase, installation, and maintenance of electric vehicle charging infrastructure. (C) Community education and outreach with respect to such service. (D) Incentives for residents of the public housing project to use such service, including subsidized fares. (E) Maintenance, repairs, and other costs associated with operating such service, including towing, impound, and driving infraction fines. (F) Monitoring, data collection, and evaluation with respect to such service. (G) Technical assistance relating to the establishment, operation, and evaluation of such service. (2) Minimum standards for purchased electric vehicles.--The Secretary shall establish minimum standards relating to functionality and range for electric vehicles eligible to be purchased under paragraph (1)(A). (e) Grant Limitations.-- (1) Availability.--Grant funds awarded under this section shall be available to the recipient of such funds for obligation or expenditure during the 5-year period beginning on the date on which such funds are awarded. (2) Maximum amount.--A grant under this section may not be in an amount that exceeds $1,000,000 for each public housing project at which the grant recipient will operate an electric vehicle sharing service. (f) Reports.--As a condition of receiving a grant under this section, a grant recipient shall submit to the Secretary, before the end of each year during which the recipient receives grant amounts, a report that-- (1) describes the activities carried out with such amounts; and (2) includes data on-- (A) the operating and capital costs for the electric vehicle sharing service facilitated with such amounts; (B) the revenue generated by such service; (C) the daily averages of individual bookings and hours of electric vehicle use for such service; (D) the number of active users of such service; (E) the distance traveled by the electric vehicles of such service; (F) the estimated reduction in greenhouse gas emissions and criteria air pollutants associated with such service; and (G) the results of a survey of customers of such service that provides information on customer preferences, destinations, and other information the Secretary determines appropriate. (g) Labor.-- (1) Contracts for installation of electric vehicle charging infrastructure.--As a condition of receiving a grant under this section, a grant recipient shall ensure, to the greatest extent practicable, that-- (A) not less than 40 percent of the employees of any nongovernmental entity that enters into a contract with such recipient, or a subcontract thereof, for the installation of electric vehicle charging infrastructure are-- (i) domiciled-- (I) if the installation is carried out at a location in a major urban area, not further than 15 miles from the location of such installation; or (II) if the installation is not carried out at a location in a major urban area, not further than 50 miles from the location of such installation; (ii) members of the Armed Forces or veterans; (iii) displaced and unemployed energy workers; (iv) registered apprentices who have completed less than 15 percent of the required hours for the apprenticeship program in which they are enrolled; or (v) persons who-- (I) were formerly-- (aa) incarcerated in a juvenile or adult detention or correctional facility; or (bb) placed on probation, community supervision, or in a diversion program; (II) are emancipated from the foster care system; (III) have a disability; (IV) are homeless; (V) receive public assistance; or (VI) lack a general education or high school diploma; and (B) not less than 40 percent of the employees of any such entity hold an Electric Vehicle Infrastructure Training Program certification. (2) Wages.-- (A) In general.--As a condition of receiving a grant under this section, a grant recipient shall ensure that all laborers and mechanics employed by a nongovernmental entity that enters into a contract for the performance of construction, alteration, or repair work that is facilitated, in whole or in part, by such grant, or a subcontract thereof, are paid wages at rates not less than those prevailing on similar construction, alteration, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (B) Labor standards.--With respect to the labor standards 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. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2031. (i) Definitions.--In this section: (1) The term ``electric vehicle'' means a vehicle that derives all or part of its power from electricity. (2) The term ``electric vehicle charging infrastructure''-- (A) means any property, other than a building or the structural components thereof, that is-- (i) used to charge electric vehicles; (ii) present at the location where such vehicles are charged; and (iii) available for use by members of the general public; and (B) includes any utility service connection, or utility panel upgrade, that is required for the charging of electric vehicles. (3) The term ``electric vehicle sharing service'' means a service that-- (A) allows an individual to apply for a membership that pre-approves the individual to rent electric vehicles from such service; and (B) permits pre-approved individuals to rent such vehicles for short periods of time. (4) The term ``final assembly'' means the process by which a manufacturer produces a new electric vehicle at, or through the use of, a plant, factory, or other place from which the vehicle is delivered to a dealer or importer with all component parts necessary for the mechanical operation of the vehicle included with the vehicle, whether or not the component parts are permanently installed in or on the vehicle. (5) The term ``major urban area'' means a metropolitan statistical area within the United States with an estimated population that is greater than or equal to 1,500,000. (6) The term ``networked direct current fast charging equipment'' means electric vehicle charging equipment that-- (A) provides a direct current power source at a minimum of 50 kilowatts; and (B) is enabled to connect to a network to facilitate data collection and access. (7) The term ``registered apprentice'' means a person participating in a program registered pursuant to 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.). (8) The term ``Secretary'' means the Secretary of Energy. <all>

EVs for All Act

To direct the Secretary of Energy to establish a grant program to facilitate electric vehicle sharing services operated at public housing projects, and for other purposes.

EVs for All Act Electric Vehicles for All Act

Rep. Barragan, Nanette Diaz

D

CA

This bill requires the Department of Energy to provide grants to eligible entities (i.e., public housing agencies, local governments, and certain non-profit organizations) to facilitate electric vehicle sharing services operated at public housing projects.

This Act may be cited as the ``Electric Vehicles for All Act'' or the ``EVs for All Act''. SEC. 2. DEPARTMENT OF ENERGY ELECTRIC VEHICLE SHARING SERVICE GRANT PROGRAM. (b) Eligible Entities.-- (1) In general.--The Secretary may award a grant under this section to the following entities: (A) A public housing agency. (B) A local government. (5) Whether the applicant proposes to install networked direct current fast charging equipment in connection with such proposed service. (6) Whether the applicant proposes to purchase electric vehicles with respect to which final assembly occurred at a location operating under a collective bargaining agreement. (8) Other criteria as determined appropriate by the Secretary. (B) The purchase, installation, and maintenance of electric vehicle charging infrastructure. (C) Community education and outreach with respect to such service. (D) Incentives for residents of the public housing project to use such service, including subsidized fares. (F) Monitoring, data collection, and evaluation with respect to such service. (G) Technical assistance relating to the establishment, operation, and evaluation of such service. (e) Grant Limitations.-- (1) Availability.--Grant funds awarded under this section shall be available to the recipient of such funds for obligation or expenditure during the 5-year period beginning on the date on which such funds are awarded. (2) Wages.-- (A) In general.--As a condition of receiving a grant under this section, a grant recipient shall ensure that all laborers and mechanics employed by a nongovernmental entity that enters into a contract for the performance of construction, alteration, or repair work that is facilitated, in whole or in part, by such grant, or a subcontract thereof, are paid wages at rates not less than those prevailing on similar construction, alteration, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (B) Labor standards.--With respect to the labor standards 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. (3) The term ``electric vehicle sharing service'' means a service that-- (A) allows an individual to apply for a membership that pre-approves the individual to rent electric vehicles from such service; and (B) permits pre-approved individuals to rent such vehicles for short periods of time. (5) The term ``major urban area'' means a metropolitan statistical area within the United States with an estimated population that is greater than or equal to 1,500,000. (7) The term ``registered apprentice'' means a person participating in a program registered pursuant to the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 50 et seq.). (8) The term ``Secretary'' means the Secretary of Energy.

This Act may be cited as the ``Electric Vehicles for All Act'' or the ``EVs for All Act''. 2. DEPARTMENT OF ENERGY ELECTRIC VEHICLE SHARING SERVICE GRANT PROGRAM. (b) Eligible Entities.-- (1) In general.--The Secretary may award a grant under this section to the following entities: (A) A public housing agency. (B) A local government. (5) Whether the applicant proposes to install networked direct current fast charging equipment in connection with such proposed service. (6) Whether the applicant proposes to purchase electric vehicles with respect to which final assembly occurred at a location operating under a collective bargaining agreement. (8) Other criteria as determined appropriate by the Secretary. (B) The purchase, installation, and maintenance of electric vehicle charging infrastructure. (C) Community education and outreach with respect to such service. (D) Incentives for residents of the public housing project to use such service, including subsidized fares. (G) Technical assistance relating to the establishment, operation, and evaluation of such service. (e) Grant Limitations.-- (1) Availability.--Grant funds awarded under this section shall be available to the recipient of such funds for obligation or expenditure during the 5-year period beginning on the date on which such funds are awarded. (B) Labor standards.--With respect to the labor standards 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. and section 3145 of title 40, United States Code. (5) The term ``major urban area'' means a metropolitan statistical area within the United States with an estimated population that is greater than or equal to 1,500,000. 50 et seq.). (8) The term ``Secretary'' means the Secretary of Energy.

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 ``Electric Vehicles for All Act'' or the ``EVs for All Act''. SEC. 2. DEPARTMENT OF ENERGY ELECTRIC VEHICLE SHARING SERVICE GRANT PROGRAM. (b) Eligible Entities.-- (1) In general.--The Secretary may award a grant under this section to the following entities: (A) A public housing agency. (B) A local government. (2) Applications.--To be eligible to receive a grant under this section, an entity specified in paragraph (1) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate. (4) The economic and operational sustainability of such proposed service. (5) Whether the applicant proposes to install networked direct current fast charging equipment in connection with such proposed service. (6) Whether the applicant proposes to purchase electric vehicles with respect to which final assembly occurred at a location operating under a collective bargaining agreement. (8) Other criteria as determined appropriate by the Secretary. (B) The purchase, installation, and maintenance of electric vehicle charging infrastructure. (C) Community education and outreach with respect to such service. (D) Incentives for residents of the public housing project to use such service, including subsidized fares. (F) Monitoring, data collection, and evaluation with respect to such service. (G) Technical assistance relating to the establishment, operation, and evaluation of such service. (e) Grant Limitations.-- (1) Availability.--Grant funds awarded under this section shall be available to the recipient of such funds for obligation or expenditure during the 5-year period beginning on the date on which such funds are awarded. (2) Wages.-- (A) In general.--As a condition of receiving a grant under this section, a grant recipient shall ensure that all laborers and mechanics employed by a nongovernmental entity that enters into a contract for the performance of construction, alteration, or repair work that is facilitated, in whole or in part, by such grant, or a subcontract thereof, are paid wages at rates not less than those prevailing on similar construction, alteration, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (B) Labor standards.--With respect to the labor standards 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. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2031. (2) The term ``electric vehicle charging infrastructure''-- (A) means any property, other than a building or the structural components thereof, that is-- (i) used to charge electric vehicles; (ii) present at the location where such vehicles are charged; and (iii) available for use by members of the general public; and (B) includes any utility service connection, or utility panel upgrade, that is required for the charging of electric vehicles. (3) The term ``electric vehicle sharing service'' means a service that-- (A) allows an individual to apply for a membership that pre-approves the individual to rent electric vehicles from such service; and (B) permits pre-approved individuals to rent such vehicles for short periods of time. (5) The term ``major urban area'' means a metropolitan statistical area within the United States with an estimated population that is greater than or equal to 1,500,000. (7) The term ``registered apprentice'' means a person participating in a program registered pursuant to the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 50 et seq.). (8) The term ``Secretary'' means the Secretary of Energy.

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 ``Electric Vehicles for All Act'' or the ``EVs for All Act''. SEC. 2. DEPARTMENT OF ENERGY ELECTRIC VEHICLE SHARING SERVICE GRANT PROGRAM. (b) Eligible Entities.-- (1) In general.--The Secretary may award a grant under this section to the following entities: (A) A public housing agency. (B) A local government. (2) Applications.--To be eligible to receive a grant under this section, an entity specified in paragraph (1) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate. (2) Whether such proposed service would address-- (A) the infrastructure needs of the public housing project where such service will be operated; and (B) the transportation needs of the community surrounding such public housing project. (4) The economic and operational sustainability of such proposed service. (5) Whether the applicant proposes to install networked direct current fast charging equipment in connection with such proposed service. (6) Whether the applicant proposes to purchase electric vehicles with respect to which final assembly occurred at a location operating under a collective bargaining agreement. (8) Other criteria as determined appropriate by the Secretary. (B) The purchase, installation, and maintenance of electric vehicle charging infrastructure. (C) Community education and outreach with respect to such service. (D) Incentives for residents of the public housing project to use such service, including subsidized fares. (F) Monitoring, data collection, and evaluation with respect to such service. (G) Technical assistance relating to the establishment, operation, and evaluation of such service. (2) Minimum standards for purchased electric vehicles.--The Secretary shall establish minimum standards relating to functionality and range for electric vehicles eligible to be purchased under paragraph (1)(A). (e) Grant Limitations.-- (1) Availability.--Grant funds awarded under this section shall be available to the recipient of such funds for obligation or expenditure during the 5-year period beginning on the date on which such funds are awarded. (f) Reports.--As a condition of receiving a grant under this section, a grant recipient shall submit to the Secretary, before the end of each year during which the recipient receives grant amounts, a report that-- (1) describes the activities carried out with such amounts; and (2) includes data on-- (A) the operating and capital costs for the electric vehicle sharing service facilitated with such amounts; (B) the revenue generated by such service; (C) the daily averages of individual bookings and hours of electric vehicle use for such service; (D) the number of active users of such service; (E) the distance traveled by the electric vehicles of such service; (F) the estimated reduction in greenhouse gas emissions and criteria air pollutants associated with such service; and (G) the results of a survey of customers of such service that provides information on customer preferences, destinations, and other information the Secretary determines appropriate. (2) Wages.-- (A) In general.--As a condition of receiving a grant under this section, a grant recipient shall ensure that all laborers and mechanics employed by a nongovernmental entity that enters into a contract for the performance of construction, alteration, or repair work that is facilitated, in whole or in part, by such grant, or a subcontract thereof, are paid wages at rates not less than those prevailing on similar construction, alteration, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (B) Labor standards.--With respect to the labor standards 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. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2031. (2) The term ``electric vehicle charging infrastructure''-- (A) means any property, other than a building or the structural components thereof, that is-- (i) used to charge electric vehicles; (ii) present at the location where such vehicles are charged; and (iii) available for use by members of the general public; and (B) includes any utility service connection, or utility panel upgrade, that is required for the charging of electric vehicles. (3) The term ``electric vehicle sharing service'' means a service that-- (A) allows an individual to apply for a membership that pre-approves the individual to rent electric vehicles from such service; and (B) permits pre-approved individuals to rent such vehicles for short periods of time. (5) The term ``major urban area'' means a metropolitan statistical area within the United States with an estimated population that is greater than or equal to 1,500,000. (7) The term ``registered apprentice'' means a person participating in a program registered pursuant to the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 50 et seq.). (8) The term ``Secretary'' means the Secretary of Energy.

To direct the Secretary of Energy to establish a grant program to facilitate electric vehicle sharing services operated at public housing projects, and for other purposes. a) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall carry out, in coordination with the Secretary of Transportation and the Secretary of Housing and Urban Development, a program to award, on a competitive basis, grants to facilitate electric vehicle sharing services operated at public housing projects. ( (c) Criteria for Grant Awards.--In awarding grants under this section, the Secretary shall consider the following criteria: (1) The capacity of an applicant to operate a proposed electric vehicle sharing service. ( 2) Whether such proposed service would address-- (A) the infrastructure needs of the public housing project where such service will be operated; and (B) the transportation needs of the community surrounding such public housing project. ( (B) The purchase, installation, and maintenance of electric vehicle charging infrastructure. ( 2) Maximum amount.--A grant under this section may not be in an amount that exceeds $1,000,000 for each public housing project at which the grant recipient will operate an electric vehicle sharing service. B) Labor standards.--With respect to the labor standards in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2031. ( (2) The term ``electric vehicle charging infrastructure''-- (A) means any property, other than a building or the structural components thereof, that is-- (i) used to charge electric vehicles; (ii) present at the location where such vehicles are charged; and (iii) available for use by members of the general public; and (B) includes any utility service connection, or utility panel upgrade, that is required for the charging of electric vehicles. ( 4) The term ``final assembly'' means the process by which a manufacturer produces a new electric vehicle at, or through the use of, a plant, factory, or other place from which the vehicle is delivered to a dealer or importer with all component parts necessary for the mechanical operation of the vehicle included with the vehicle, whether or not the component parts are permanently installed in or on the vehicle. ( (6) The term ``networked direct current fast charging equipment'' means electric vehicle charging equipment that-- (A) provides a direct current power source at a minimum of 50 kilowatts; and (B) is enabled to connect to a network to facilitate data collection and access. ( 7) The term ``registered apprentice'' means a person participating in a program registered pursuant to the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat.

To direct the Secretary of Energy to establish a grant program to facilitate electric vehicle sharing services operated at public housing projects, and for other purposes. C) A non-profit organization that has entered into an agreement with a public housing agency or local government under which the agency or government agrees to host an electric vehicle sharing service on the property of such agency or government. ( c) Criteria for Grant Awards.--In awarding grants under this section, the Secretary shall consider the following criteria: (1) The capacity of an applicant to operate a proposed electric vehicle sharing service. ( (6) Whether the applicant proposes to purchase electric vehicles with respect to which final assembly occurred at a location operating under a collective bargaining agreement. ( F) Monitoring, data collection, and evaluation with respect to such service. ( 2) Maximum amount.--A grant under this section may not be in an amount that exceeds $1,000,000 for each public housing project at which the grant recipient will operate an electric vehicle sharing service. B) Labor standards.--With respect to the labor standards 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. ( i) Definitions.--In this section: (1) The term ``electric vehicle'' means a vehicle that derives all or part of its power from electricity. ( 2) The term ``electric vehicle charging infrastructure''-- (A) means any property, other than a building or the structural components thereof, that is-- (i) used to charge electric vehicles; (ii) present at the location where such vehicles are charged; and (iii) available for use by members of the general public; and (B) includes any utility service connection, or utility panel upgrade, that is required for the charging of electric vehicles. (

To direct the Secretary of Energy to establish a grant program to facilitate electric vehicle sharing services operated at public housing projects, and for other purposes. C) A non-profit organization that has entered into an agreement with a public housing agency or local government under which the agency or government agrees to host an electric vehicle sharing service on the property of such agency or government. ( c) Criteria for Grant Awards.--In awarding grants under this section, the Secretary shall consider the following criteria: (1) The capacity of an applicant to operate a proposed electric vehicle sharing service. ( (6) Whether the applicant proposes to purchase electric vehicles with respect to which final assembly occurred at a location operating under a collective bargaining agreement. ( F) Monitoring, data collection, and evaluation with respect to such service. ( 2) Maximum amount.--A grant under this section may not be in an amount that exceeds $1,000,000 for each public housing project at which the grant recipient will operate an electric vehicle sharing service. B) Labor standards.--With respect to the labor standards 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. ( i) Definitions.--In this section: (1) The term ``electric vehicle'' means a vehicle that derives all or part of its power from electricity. ( 2) The term ``electric vehicle charging infrastructure''-- (A) means any property, other than a building or the structural components thereof, that is-- (i) used to charge electric vehicles; (ii) present at the location where such vehicles are charged; and (iii) available for use by members of the general public; and (B) includes any utility service connection, or utility panel upgrade, that is required for the charging of electric vehicles. (

To direct the Secretary of Energy to establish a grant program to facilitate electric vehicle sharing services operated at public housing projects, and for other purposes. a) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall carry out, in coordination with the Secretary of Transportation and the Secretary of Housing and Urban Development, a program to award, on a competitive basis, grants to facilitate electric vehicle sharing services operated at public housing projects. ( (c) Criteria for Grant Awards.--In awarding grants under this section, the Secretary shall consider the following criteria: (1) The capacity of an applicant to operate a proposed electric vehicle sharing service. ( 2) Whether such proposed service would address-- (A) the infrastructure needs of the public housing project where such service will be operated; and (B) the transportation needs of the community surrounding such public housing project. ( (B) The purchase, installation, and maintenance of electric vehicle charging infrastructure. ( 2) Maximum amount.--A grant under this section may not be in an amount that exceeds $1,000,000 for each public housing project at which the grant recipient will operate an electric vehicle sharing service. B) Labor standards.--With respect to the labor standards in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2031. ( (2) The term ``electric vehicle charging infrastructure''-- (A) means any property, other than a building or the structural components thereof, that is-- (i) used to charge electric vehicles; (ii) present at the location where such vehicles are charged; and (iii) available for use by members of the general public; and (B) includes any utility service connection, or utility panel upgrade, that is required for the charging of electric vehicles. ( 4) The term ``final assembly'' means the process by which a manufacturer produces a new electric vehicle at, or through the use of, a plant, factory, or other place from which the vehicle is delivered to a dealer or importer with all component parts necessary for the mechanical operation of the vehicle included with the vehicle, whether or not the component parts are permanently installed in or on the vehicle. ( (6) The term ``networked direct current fast charging equipment'' means electric vehicle charging equipment that-- (A) provides a direct current power source at a minimum of 50 kilowatts; and (B) is enabled to connect to a network to facilitate data collection and access. ( 7) The term ``registered apprentice'' means a person participating in a program registered pursuant to the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat.

To direct the Secretary of Energy to establish a grant program to facilitate electric vehicle sharing services operated at public housing projects, and for other purposes. C) A non-profit organization that has entered into an agreement with a public housing agency or local government under which the agency or government agrees to host an electric vehicle sharing service on the property of such agency or government. ( c) Criteria for Grant Awards.--In awarding grants under this section, the Secretary shall consider the following criteria: (1) The capacity of an applicant to operate a proposed electric vehicle sharing service. ( (6) Whether the applicant proposes to purchase electric vehicles with respect to which final assembly occurred at a location operating under a collective bargaining agreement. ( F) Monitoring, data collection, and evaluation with respect to such service. ( 2) Maximum amount.--A grant under this section may not be in an amount that exceeds $1,000,000 for each public housing project at which the grant recipient will operate an electric vehicle sharing service. B) Labor standards.--With respect to the labor standards 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. ( i) Definitions.--In this section: (1) The term ``electric vehicle'' means a vehicle that derives all or part of its power from electricity. ( 2) The term ``electric vehicle charging infrastructure''-- (A) means any property, other than a building or the structural components thereof, that is-- (i) used to charge electric vehicles; (ii) present at the location where such vehicles are charged; and (iii) available for use by members of the general public; and (B) includes any utility service connection, or utility panel upgrade, that is required for the charging of electric vehicles. (

To direct the Secretary of Energy to establish a grant program to facilitate electric vehicle sharing services operated at public housing projects, and for other purposes. a) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall carry out, in coordination with the Secretary of Transportation and the Secretary of Housing and Urban Development, a program to award, on a competitive basis, grants to facilitate electric vehicle sharing services operated at public housing projects. ( (c) Criteria for Grant Awards.--In awarding grants under this section, the Secretary shall consider the following criteria: (1) The capacity of an applicant to operate a proposed electric vehicle sharing service. ( 2) Whether such proposed service would address-- (A) the infrastructure needs of the public housing project where such service will be operated; and (B) the transportation needs of the community surrounding such public housing project. ( (B) The purchase, installation, and maintenance of electric vehicle charging infrastructure. ( 2) Maximum amount.--A grant under this section may not be in an amount that exceeds $1,000,000 for each public housing project at which the grant recipient will operate an electric vehicle sharing service. B) Labor standards.--With respect to the labor standards in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2031. ( (2) The term ``electric vehicle charging infrastructure''-- (A) means any property, other than a building or the structural components thereof, that is-- (i) used to charge electric vehicles; (ii) present at the location where such vehicles are charged; and (iii) available for use by members of the general public; and (B) includes any utility service connection, or utility panel upgrade, that is required for the charging of electric vehicles. ( 4) The term ``final assembly'' means the process by which a manufacturer produces a new electric vehicle at, or through the use of, a plant, factory, or other place from which the vehicle is delivered to a dealer or importer with all component parts necessary for the mechanical operation of the vehicle included with the vehicle, whether or not the component parts are permanently installed in or on the vehicle. ( (6) The term ``networked direct current fast charging equipment'' means electric vehicle charging equipment that-- (A) provides a direct current power source at a minimum of 50 kilowatts; and (B) is enabled to connect to a network to facilitate data collection and access. ( 7) The term ``registered apprentice'' means a person participating in a program registered pursuant to the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat.

To direct the Secretary of Energy to establish a grant program to facilitate electric vehicle sharing services operated at public housing projects, and for other purposes. C) A non-profit organization that has entered into an agreement with a public housing agency or local government under which the agency or government agrees to host an electric vehicle sharing service on the property of such agency or government. ( c) Criteria for Grant Awards.--In awarding grants under this section, the Secretary shall consider the following criteria: (1) The capacity of an applicant to operate a proposed electric vehicle sharing service. ( (6) Whether the applicant proposes to purchase electric vehicles with respect to which final assembly occurred at a location operating under a collective bargaining agreement. ( F) Monitoring, data collection, and evaluation with respect to such service. ( 2) Maximum amount.--A grant under this section may not be in an amount that exceeds $1,000,000 for each public housing project at which the grant recipient will operate an electric vehicle sharing service. B) Labor standards.--With respect to the labor standards 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. ( i) Definitions.--In this section: (1) The term ``electric vehicle'' means a vehicle that derives all or part of its power from electricity. ( 2) The term ``electric vehicle charging infrastructure''-- (A) means any property, other than a building or the structural components thereof, that is-- (i) used to charge electric vehicles; (ii) present at the location where such vehicles are charged; and (iii) available for use by members of the general public; and (B) includes any utility service connection, or utility panel upgrade, that is required for the charging of electric vehicles. (

To direct the Secretary of Energy to establish a grant program to facilitate electric vehicle sharing services operated at public housing projects, and for other purposes. a) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall carry out, in coordination with the Secretary of Transportation and the Secretary of Housing and Urban Development, a program to award, on a competitive basis, grants to facilitate electric vehicle sharing services operated at public housing projects. ( (c) Criteria for Grant Awards.--In awarding grants under this section, the Secretary shall consider the following criteria: (1) The capacity of an applicant to operate a proposed electric vehicle sharing service. ( 2) Whether such proposed service would address-- (A) the infrastructure needs of the public housing project where such service will be operated; and (B) the transportation needs of the community surrounding such public housing project. ( (B) The purchase, installation, and maintenance of electric vehicle charging infrastructure. ( 2) Maximum amount.--A grant under this section may not be in an amount that exceeds $1,000,000 for each public housing project at which the grant recipient will operate an electric vehicle sharing service. B) Labor standards.--With respect to the labor standards in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2031. ( (2) The term ``electric vehicle charging infrastructure''-- (A) means any property, other than a building or the structural components thereof, that is-- (i) used to charge electric vehicles; (ii) present at the location where such vehicles are charged; and (iii) available for use by members of the general public; and (B) includes any utility service connection, or utility panel upgrade, that is required for the charging of electric vehicles. ( 4) The term ``final assembly'' means the process by which a manufacturer produces a new electric vehicle at, or through the use of, a plant, factory, or other place from which the vehicle is delivered to a dealer or importer with all component parts necessary for the mechanical operation of the vehicle included with the vehicle, whether or not the component parts are permanently installed in or on the vehicle. ( (6) The term ``networked direct current fast charging equipment'' means electric vehicle charging equipment that-- (A) provides a direct current power source at a minimum of 50 kilowatts; and (B) is enabled to connect to a network to facilitate data collection and access. ( 7) The term ``registered apprentice'' means a person participating in a program registered pursuant to the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat.

To direct the Secretary of Energy to establish a grant program to facilitate electric vehicle sharing services operated at public housing projects, and for other purposes. C) A non-profit organization that has entered into an agreement with a public housing agency or local government under which the agency or government agrees to host an electric vehicle sharing service on the property of such agency or government. ( c) Criteria for Grant Awards.--In awarding grants under this section, the Secretary shall consider the following criteria: (1) The capacity of an applicant to operate a proposed electric vehicle sharing service. ( (6) Whether the applicant proposes to purchase electric vehicles with respect to which final assembly occurred at a location operating under a collective bargaining agreement. ( F) Monitoring, data collection, and evaluation with respect to such service. ( 2) Maximum amount.--A grant under this section may not be in an amount that exceeds $1,000,000 for each public housing project at which the grant recipient will operate an electric vehicle sharing service. B) Labor standards.--With respect to the labor standards 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. ( i) Definitions.--In this section: (1) The term ``electric vehicle'' means a vehicle that derives all or part of its power from electricity. ( 2) The term ``electric vehicle charging infrastructure''-- (A) means any property, other than a building or the structural components thereof, that is-- (i) used to charge electric vehicles; (ii) present at the location where such vehicles are charged; and (iii) available for use by members of the general public; and (B) includes any utility service connection, or utility panel upgrade, that is required for the charging of electric vehicles. (

To direct the Secretary of Energy to establish a grant program to facilitate electric vehicle sharing services operated at public housing projects, and for other purposes. a) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall carry out, in coordination with the Secretary of Transportation and the Secretary of Housing and Urban Development, a program to award, on a competitive basis, grants to facilitate electric vehicle sharing services operated at public housing projects. ( ( h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2031. ( ( 2) The term ``electric vehicle charging infrastructure''-- (A) means any property, other than a building or the structural components thereof, that is-- (i) used to charge electric vehicles; (ii) present at the location where such vehicles are charged; and (iii) available for use by members of the general public; and (B) includes any utility service connection, or utility panel upgrade, that is required for the charging of electric vehicles. (

Electric Vehicles for All Act or the EVs for All ACT - Directs the Secretary of Energy to establish a grant program to facilitate electric vehicle sharing services operated at public housing projects, and for other purposes. (Sec. 2) Requires the Secretary to establish minimum standards for purchased electric vehicles, including for functionality and range. Requires grant recipients to: (1) purchase light-duty electric Requires a grant recipient to ensure that: (1) at least 40% of the employees of any nongovernmental entity that enters into a contract with such recipient, or a subcontract thereof, for the installation of electric vehicle charging infrastructure are domiciled in a major urban area; or (2) if the installation is not carried out at a location in such area, not less

S.1590

Agriculture and Food

Caregivers, Access, and Responsible Expansion for Kids Act of 2021 or the CARE for Kids Act of 2021 This bill extends eligibility for the National School Lunch Program and school breakfast program of the Department of Agriculture. A local educational agency (including any school operated by the Bureau of Indian Education) may certify as eligible for free lunches or breakfasts the following: The bill also extends eligibility for free or reduced-price school lunches for children who were determined to be eligible in the school year prior to placement with a grandparent or relative for the school year immediately following placement. The bill provides children who receive medical assistance under the Medicaid program with direct certification for free lunches and breakfasts under the school lunch and breakfast programs.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch 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 ``Caregivers, Access, and Responsible Expansion for Kids Act of 2021'' or the ``CARE for Kids Act of 2021''. SEC. 2. ENHANCING DIRECT CERTIFICATION. Section 9(b)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(5)) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``(including any school operated by the Bureau of Indian Education)'' before ``may certify''; and (2) in subparagraph (E)-- (A) in clause (i), by striking ``or'' at the end; (B) in clause (ii)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(iii) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State- operated program, as determined by the Secretary; ``(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(vi) a child of a family that-- ``(I) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full- time; or ``(II) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. SEC. 3. EXTENDED ELIGIBILITY. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(9)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) by inserting after subparagraph (B) the following: ``(C) Eligibility of transferred children.-- ``(i) Definition of covered child.--In this subparagraph, the term `covered child' means a child that-- ``(I) has been determined eligible for free or reduced price meals under this Act by a local educational agency (referred to in this subparagraph as the `original local educational agency'); and ``(II) transfers to another school that is under the jurisdiction of a different local educational agency (referred to in this subparagraph as the `new local educational agency'). ``(ii) Eligibility.--An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). ``(iii) Extension of duration.--A new local educational agency shall honor the eligibility determination for a covered child under clause (ii) for a period that is 1 year longer than the period for which that determination was authorized by the original local educational agency if the covered child began living with a caregiver-- ``(I) in the 12-month period preceding the date on which the covered child is enrolled in a school under the jurisdiction of a new local educational agency; and ``(II) who is-- ``(aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or ``(bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law.''; and (3) in subparagraph (D) (as so redesignated)-- (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (B) in the matter preceding subclause (I) (as so redesignated), by striking ``Except as'' and all that follows through ``(3)(H)(ii)'' and inserting the following: ``(i) In general.--Except as otherwise specified in clause (ii), subparagraph (C), subparagraphs (E) and (H)(ii) of paragraph (3)''; and (C) by adding at the end the following: ``(ii) Extension for certain children.--A school food authority shall extend the eligibility determination made by a local educational agency with respect to a child for a period that is 1 year longer than the period for which that determination was authorized by the local educational agency, if the child began living with a caregiver-- ``(I) in the 12-month period preceding the date on which the covered child is enrolled in the new school; and ``(II) who is-- ``(aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or ``(bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law.''. SEC. 4. EXPANDING AUTOMATIC ELIGIBILITY. (a) In General.--Section 9(b)(12)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(12)(A)) is amended-- (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(IV) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State-operated program, as determined by the Secretary; ``(V) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State- operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(VI) a child of a family that-- ``(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or ``(bb) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. (b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. SEC. 5. MEDICAID DIRECT CERTIFICATION. Section 9(b)(15)(A)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(15)(A)(i)) is amended-- (1) in subclause (I)-- (A) in item (bb), by striking ``(bb) who'' and inserting the following: ``(BB) who''; and (B) by striking ``(I)(aa) who'' and inserting the following: ``(aa)(AA) who''; (2) in subclause (II)-- (A) by striking ``regulations) with a child described in subclause (I)'' and inserting ``regulations)) with a child described in item (aa)''; and (B) by striking ``(II) who'' and inserting the following: ``(bb) who''; (3) in the matter preceding item (aa)(AA) (as so redesignated), by striking ``The term'' and inserting the following: ``(I) In general.--The term''; and (4) by adding at the end the following: ``(II) Other children.--The term `eligible child' includes a child that receives medical assistance under the Medicaid program-- ``(aa) under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving aid or assistance under the State plan approved under part E of title IV of that Act (42 U.S.C. 670 et seq.) or by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or ``(bb) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.''. <all>

CARE for Kids Act of 2021

A bill to amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program.

CARE for Kids Act of 2021 Caregivers, Access, and Responsible Expansion for Kids Act of 2021

Sen. Casey, Robert P., Jr.

D

PA

This bill extends eligibility for the National School Lunch Program and school breakfast program of the Department of Agriculture. A local educational agency (including any school operated by the Bureau of Indian Education) may certify as eligible for free lunches or breakfasts the following: The bill also extends eligibility for free or reduced-price school lunches for children who were determined to be eligible in the school year prior to placement with a grandparent or relative for the school year immediately following placement. The bill provides children who receive medical assistance under the Medicaid program with direct certification for free lunches and breakfasts under the school lunch and breakfast programs.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. 3. 1758(b)(9)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) by inserting after subparagraph (B) the following: ``(C) Eligibility of transferred children.-- ``(i) Definition of covered child.--In this subparagraph, the term `covered child' means a child that-- ``(I) has been determined eligible for free or reduced price meals under this Act by a local educational agency (referred to in this subparagraph as the `original local educational agency'); and ``(II) transfers to another school that is under the jurisdiction of a different local educational agency (referred to in this subparagraph as the `new local educational agency'). ``(iii) Extension of duration.--A new local educational agency shall honor the eligibility determination for a covered child under clause (ii) for a period that is 1 year longer than the period for which that determination was authorized by the original local educational agency if the covered child began living with a caregiver-- ``(I) in the 12-month period preceding the date on which the covered child is enrolled in a school under the jurisdiction of a new local educational agency; and ``(II) who is-- ``(aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or ``(bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law. 4. 1758(b)(12)(A)) is amended-- (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) 673(d)) or under a similar State-funded or State- operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(VI) a child of a family that-- ``(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or ``(bb) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. SEC. 5. or by reason of section 473(b) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.''.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. 3. 1758(b)(9)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) by inserting after subparagraph (B) the following: ``(C) Eligibility of transferred children.-- ``(i) Definition of covered child.--In this subparagraph, the term `covered child' means a child that-- ``(I) has been determined eligible for free or reduced price meals under this Act by a local educational agency (referred to in this subparagraph as the `original local educational agency'); and ``(II) transfers to another school that is under the jurisdiction of a different local educational agency (referred to in this subparagraph as the `new local educational agency'). 4. 1758(b)(12)(A)) is amended-- (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) 673(d)) or under a similar State-funded or State- operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(VI) a child of a family that-- ``(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or ``(bb) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. SEC. 5. or by reason of section 473(b) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.''.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch 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 ``Caregivers, Access, and Responsible Expansion for Kids Act of 2021'' or the ``CARE for Kids Act of 2021''. 673(a)) or under a similar State-funded or State- operated program, as determined by the Secretary; ``(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 3. EXTENDED ELIGIBILITY. 1758(b)(9)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) by inserting after subparagraph (B) the following: ``(C) Eligibility of transferred children.-- ``(i) Definition of covered child.--In this subparagraph, the term `covered child' means a child that-- ``(I) has been determined eligible for free or reduced price meals under this Act by a local educational agency (referred to in this subparagraph as the `original local educational agency'); and ``(II) transfers to another school that is under the jurisdiction of a different local educational agency (referred to in this subparagraph as the `new local educational agency'). ``(iii) Extension of duration.--A new local educational agency shall honor the eligibility determination for a covered child under clause (ii) for a period that is 1 year longer than the period for which that determination was authorized by the original local educational agency if the covered child began living with a caregiver-- ``(I) in the 12-month period preceding the date on which the covered child is enrolled in a school under the jurisdiction of a new local educational agency; and ``(II) who is-- ``(aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or ``(bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law. 4. EXPANDING AUTOMATIC ELIGIBILITY. 1758(b)(12)(A)) is amended-- (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) 673(d)) or under a similar State-funded or State- operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(VI) a child of a family that-- ``(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or ``(bb) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. SEC. 5. MEDICAID DIRECT CERTIFICATION. or by reason of section 473(b) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.''.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch 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 ``Caregivers, Access, and Responsible Expansion for Kids Act of 2021'' or the ``CARE for Kids Act of 2021''. ENHANCING DIRECT CERTIFICATION. or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State- operated program, as determined by the Secretary; ``(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 3. EXTENDED ELIGIBILITY. 1758(b)(9)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) by inserting after subparagraph (B) the following: ``(C) Eligibility of transferred children.-- ``(i) Definition of covered child.--In this subparagraph, the term `covered child' means a child that-- ``(I) has been determined eligible for free or reduced price meals under this Act by a local educational agency (referred to in this subparagraph as the `original local educational agency'); and ``(II) transfers to another school that is under the jurisdiction of a different local educational agency (referred to in this subparagraph as the `new local educational agency'). ``(ii) Eligibility.--An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). ``(iii) Extension of duration.--A new local educational agency shall honor the eligibility determination for a covered child under clause (ii) for a period that is 1 year longer than the period for which that determination was authorized by the original local educational agency if the covered child began living with a caregiver-- ``(I) in the 12-month period preceding the date on which the covered child is enrolled in a school under the jurisdiction of a new local educational agency; and ``(II) who is-- ``(aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or ``(bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law. 4. EXPANDING AUTOMATIC ELIGIBILITY. 1758(b)(12)(A)) is amended-- (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) 673(d)) or under a similar State-funded or State- operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(VI) a child of a family that-- ``(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or ``(bb) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. SEC. 5. MEDICAID DIRECT CERTIFICATION. 1758(b)(15)(A)(i)) is amended-- (1) in subclause (I)-- (A) in item (bb), by striking ``(bb) who'' and inserting the following: ``(BB) who''; and (B) by striking ``(I)(aa) who'' and inserting the following: ``(aa)(AA) who''; (2) in subclause (II)-- (A) by striking ``regulations) with a child described in subclause (I)'' and inserting ``regulations)) with a child described in item (aa)''; and (B) by striking ``(II) who'' and inserting the following: ``(bb) who''; (3) in the matter preceding item (aa)(AA) (as so redesignated), by striking ``The term'' and inserting the following: ``(I) In general.--The term''; and (4) by adding at the end the following: ``(II) Other children.--The term `eligible child' includes a child that receives medical assistance under the Medicaid program-- ``(aa) under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 670 et seq.) or by reason of section 473(b) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.''.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENDED ELIGIBILITY. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(ii) Eligibility.--An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). EXPANDING AUTOMATIC ELIGIBILITY. ( a) In General.--Section 9(b)(12)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(12)(A)) is amended-- (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(IV) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State-operated program, as determined by the Secretary; ``(V) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State- operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(VI) a child of a family that-- ``(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or ``(bb) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. ( b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. or by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or ``(bb) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.''.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State- operated program, as determined by the Secretary; ``(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(vi) a child of a family that-- ``(I) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full- time; or ``(II) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. EXTENDED ELIGIBILITY. EXPANDING AUTOMATIC ELIGIBILITY. b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. MEDICAID DIRECT CERTIFICATION.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State- operated program, as determined by the Secretary; ``(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(vi) a child of a family that-- ``(I) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full- time; or ``(II) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. EXTENDED ELIGIBILITY. EXPANDING AUTOMATIC ELIGIBILITY. b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. MEDICAID DIRECT CERTIFICATION.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENDED ELIGIBILITY. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(ii) Eligibility.--An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). EXPANDING AUTOMATIC ELIGIBILITY. ( a) In General.--Section 9(b)(12)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(12)(A)) is amended-- (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(IV) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State-operated program, as determined by the Secretary; ``(V) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State- operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(VI) a child of a family that-- ``(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or ``(bb) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. ( b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. or by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or ``(bb) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.''.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State- operated program, as determined by the Secretary; ``(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(vi) a child of a family that-- ``(I) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full- time; or ``(II) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. EXTENDED ELIGIBILITY. EXPANDING AUTOMATIC ELIGIBILITY. b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. MEDICAID DIRECT CERTIFICATION.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENDED ELIGIBILITY. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(ii) Eligibility.--An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). EXPANDING AUTOMATIC ELIGIBILITY. ( a) In General.--Section 9(b)(12)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(12)(A)) is amended-- (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II)-- (i) by striking ``who'' and inserting ``whom''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(IV) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State-operated program, as determined by the Secretary; ``(V) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State- operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(VI) a child of a family that-- ``(aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or ``(bb) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. ( b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. or by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or ``(bb) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits.''.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State- operated program, as determined by the Secretary; ``(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(vi) a child of a family that-- ``(I) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full- time; or ``(II) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. EXTENDED ELIGIBILITY. EXPANDING AUTOMATIC ELIGIBILITY. b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. MEDICAID DIRECT CERTIFICATION.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(ii) Eligibility.--An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. or by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or ``(bb) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits. ''.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; ``(iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act (42 U.S.C. 673(a)) or under a similar State-funded or State- operated program, as determined by the Secretary; ``(v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or ``(vi) a child of a family that-- ``(I) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full- time; or ``(II) receives housing or housing assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.).''. EXTENDED ELIGIBILITY. EXPANDING AUTOMATIC ELIGIBILITY. b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. MEDICAID DIRECT CERTIFICATION.

To amend the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(ii) Eligibility.--An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). b) Conforming Amendments.--Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended-- (1) in subparagraph (D), by striking ``(iv) or (v)'' and inserting ``(ii), (iii), (iv), (v), or (vii)''; (2) in subparagraph (E), by adding ``or'' at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. or by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or ``(bb) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)) on the basis of receiving supplemental security income benefits. ''.

Caregivers, Access, and Responsible Expansion for Kids Act of 2021 or the CARE for Kids ACT of 2021 This bill amends the Richard B. Russell National School Lunch Act to enhance direct certification under the school lunch program for children who are: (1) determined eligible for free or reduced price meals by a local educational agency (LEA); and (2) transferred to another Amends title IV (Medicaid) of the Social Security Act to: (1) provide for direct Medicaid certification of eligible children; and (2) require the Secretary of Health and Human Services (HHS) to establish a process for determining eligibility for Medicaid. (Currently, an eligible child is a child who receives medical assistance under the Medicaid program, adoption assistance, kinship guardians

H.R.750

Education

Luke and Alex School Safety Act of 2021 This bill requires the Department of Homeland Security (DHS) to establish a Federal Clearinghouse on School Safety Best Practices for use by state and local educational and law-enforcement agencies, institutions of higher education, health professionals, and the public. The bill requires DHS to collect clearinghouse data analytics, user feedback on the implementation of best practices and recommendations identified by the clearinghouse, and any evaluations conducted on these best practices and recommendations. In addition, DHS must coordinate with the Departments of Education, Health and Human Services, and Justice to assess and identify best practices and recommendations and establish an advisory board to provide feedback and propose additional recommendations. Further, the bill specifies the criteria for best practices and recommendations of the clearinghouse, including evidence that the best practice or recommendation has had a significant effect on improving the health, safety, and welfare of individuals in school settings. Finally, the bill provides for grant program review.

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Luke and Alex School Safety Act of 2021''. SEC. 2. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. (a) In General.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by inserting after section 2215 the following: ``SEC. 2216. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(2) Purpose.--The Clearinghouse shall be the primary resource of the Federal Government to identify and publish online through SchoolSafety.gov, or any successor website, the best practices and recommendations for school safety for use by State and local educational agencies, institutions of higher education, State and local law enforcement agencies, health professionals, and the general public. ``(3) Personnel.-- ``(A) Assignments.--The Clearinghouse shall be assigned such personnel and resources as the Secretary considers appropriate to carry out this section. ``(B) Detailees.--The Secretary of Education, the Attorney General, and the Secretary of Health and Human Services may detail personnel to the Clearinghouse. ``(4) Exemptions.-- ``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply for the purposes of carrying out this section. ``(b) Clearinghouse Contents.-- ``(1) Consultation.--In identifying the best practices and recommendations for the Clearinghouse, the Secretary may consult with appropriate Federal, State, local, Tribal, private sector, and nongovernmental organizations. ``(2) Criteria for best practices and recommendations.--The best practices and recommendations of the Clearinghouse shall, at a minimum-- ``(A) involve comprehensive school safety measures, including threat prevention, preparedness, protection, mitigation, incident response, and recovery to improve the safety posture of a school upon implementation; ``(B) include any evidence or research rationale supporting the determination of the Clearinghouse that the best practice or recommendation under subparagraph (A) has been shown to have a significant effect on improving the health, safety, and welfare of persons in school settings, including-- ``(i) relevant research that is evidence- based, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), supporting the best practice or recommendation; ``(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school; or ``(iii) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety posture of a school upon implementation; and ``(C) include information on Federal grant programs for which implementation of each best practice or recommendation is an eligible use for the program. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(d) Continuous Improvement.--The Secretary shall-- ``(1) collect for the purpose of continuous improvement of the Clearinghouse-- ``(A) Clearinghouse data analytics; ``(B) user feedback on the implementation of resources, best practices, and recommendations identified by the Clearinghouse; and ``(C) any evaluations conducted on implementation of the best practices and recommendations of the Clearinghouse; and ``(2) in coordination with the Secretary of Education, the Secretary of Health and Human Services, and the Attorney General-- ``(A) regularly assess and identify Clearinghouse best practices and recommendations for which there are no resources available through Federal Government programs for implementation; and ``(B) establish an external advisory board, which shall be comprised of appropriate State, local, Tribal, private sector, and nongovernmental organizations, including organizations representing parents of elementary and secondary school students, to-- ``(i) provide feedback on the implementation of best practices and recommendations of the Clearinghouse; and ``(ii) propose additional recommendations for best practices for inclusion in the Clearinghouse. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. (b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 2215 the following: ``Sec. 2216. Federal Clearinghouse on School Safety Best Practices.''. SEC. 3. NOTIFICATION OF CLEARINGHOUSE. (a) Notification by the Secretary of Education.--The Secretary of Education shall provide written notification of the publication of the Federal Clearinghouse on School Safety Best Practices (referred to in this section and section 4 as the ``Clearinghouse''), as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State and local educational agency; and (2) other Department of Education partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Education. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. (c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. (d) Notification by the Attorney General.--The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of justice; and (2) other Department of Justice partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General. SEC. 4. GRANT PROGRAM REVIEW. (a) Federal Grants and Resources.--The Secretary of Education, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Attorney General shall each-- (1) review grant programs administered by their respective agency and identify any grant program that may be used to implement best practices and recommendations of the Clearinghouse; (2) identify any best practices and recommendations of the Clearinghouse for which there is not a Federal grant program that may be used for the purposes of implementing the best practice or recommendation as applicable to the agency; and (3) periodically report any findings under paragraph (2) to the appropriate committees of Congress. (b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. SEC. 5. RULES OF CONSTRUCTION. (a) Waiver of Requirements.--Nothing in this Act or the amendments made by this Act shall be construed to create, satisfy, or waive any requirement under-- (1) title II of the Americans With Disabilities Act of 1990 (42 U.S.C. 12131 et seq.); (2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); (3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); (4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or (5) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). (b) Prohibition on Federally Developed, Mandated, or Endorsed Curriculum.--Nothing in this Act or the amendments made by this Act shall be construed to authorize any officer or employee of the Federal Government to engage in an activity otherwise prohibited under section 103(b) of the Department of Education Organization Act (20 U.S.C. 3403(b)). <all>

Luke and Alex School Safety Act of 2021

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes.

Luke and Alex School Safety Act of 2021

Rep. Diaz-Balart, Mario

R

FL

This bill requires the Department of Homeland Security (DHS) to establish a Federal Clearinghouse on School Safety Best Practices for use by state and local educational and law-enforcement agencies, institutions of higher education, health professionals, and the public. The bill requires DHS to collect clearinghouse data analytics, user feedback on the implementation of best practices and recommendations identified by the clearinghouse, and any evaluations conducted on these best practices and recommendations. In addition, DHS must coordinate with the Departments of Education, Health and Human Services, and Justice to assess and identify best practices and recommendations and establish an advisory board to provide feedback and propose additional recommendations. Further, the bill specifies the criteria for best practices and recommendations of the clearinghouse, including evidence that the best practice or recommendation has had a significant effect on improving the health, safety, and welfare of individuals in school settings. Finally, the bill provides for grant program review.

2. 651 et seq.) is amended by inserting after section 2215 the following: ``SEC. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(2) Purpose.--The Clearinghouse shall be the primary resource of the Federal Government to identify and publish online through SchoolSafety.gov, or any successor website, the best practices and recommendations for school safety for use by State and local educational agencies, institutions of higher education, State and local law enforcement agencies, health professionals, and the general public. ``(B) Detailees.--The Secretary of Education, the Attorney General, and the Secretary of Health and Human Services may detail personnel to the Clearinghouse. ``(4) Exemptions.-- ``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) ``(2) Criteria for best practices and recommendations.--The best practices and recommendations of the Clearinghouse shall, at a minimum-- ``(A) involve comprehensive school safety measures, including threat prevention, preparedness, protection, mitigation, incident response, and recovery to improve the safety posture of a school upon implementation; ``(B) include any evidence or research rationale supporting the determination of the Clearinghouse that the best practice or recommendation under subparagraph (A) has been shown to have a significant effect on improving the health, safety, and welfare of persons in school settings, including-- ``(i) relevant research that is evidence- based, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. NOTIFICATION OF CLEARINGHOUSE. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. GRANT PROGRAM REVIEW. SEC. 5. RULES OF CONSTRUCTION. (a) Waiver of Requirements.--Nothing in this Act or the amendments made by this Act shall be construed to create, satisfy, or waive any requirement under-- (1) title II of the Americans With Disabilities Act of 1990 (42 U.S.C. ); (4) title IX of the Education Amendments of 1972 (20 U.S.C.

2. 651 et seq.) is amended by inserting after section 2215 the following: ``SEC. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(2) Purpose.--The Clearinghouse shall be the primary resource of the Federal Government to identify and publish online through SchoolSafety.gov, or any successor website, the best practices and recommendations for school safety for use by State and local educational agencies, institutions of higher education, State and local law enforcement agencies, health professionals, and the general public. ``(B) Detailees.--The Secretary of Education, the Attorney General, and the Secretary of Health and Human Services may detail personnel to the Clearinghouse. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. NOTIFICATION OF CLEARINGHOUSE. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. GRANT PROGRAM REVIEW. SEC. 5. RULES OF CONSTRUCTION. (a) Waiver of Requirements.--Nothing in this Act or the amendments made by this Act shall be construed to create, satisfy, or waive any requirement under-- (1) title II of the Americans With Disabilities Act of 1990 (42 U.S.C. ); (4) title IX of the Education Amendments of 1972 (20 U.S.C.

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Luke and Alex School Safety Act of 2021''. 2. 651 et seq.) is amended by inserting after section 2215 the following: ``SEC. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(2) Purpose.--The Clearinghouse shall be the primary resource of the Federal Government to identify and publish online through SchoolSafety.gov, or any successor website, the best practices and recommendations for school safety for use by State and local educational agencies, institutions of higher education, State and local law enforcement agencies, health professionals, and the general public. ``(B) Detailees.--The Secretary of Education, the Attorney General, and the Secretary of Health and Human Services may detail personnel to the Clearinghouse. ``(4) Exemptions.-- ``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) ``(2) Criteria for best practices and recommendations.--The best practices and recommendations of the Clearinghouse shall, at a minimum-- ``(A) involve comprehensive school safety measures, including threat prevention, preparedness, protection, mitigation, incident response, and recovery to improve the safety posture of a school upon implementation; ``(B) include any evidence or research rationale supporting the determination of the Clearinghouse that the best practice or recommendation under subparagraph (A) has been shown to have a significant effect on improving the health, safety, and welfare of persons in school settings, including-- ``(i) relevant research that is evidence- based, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), supporting the best practice or recommendation; ``(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school; or ``(iii) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety posture of a school upon implementation; and ``(C) include information on Federal grant programs for which implementation of each best practice or recommendation is an eligible use for the program. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. (b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. NOTIFICATION OF CLEARINGHOUSE. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. GRANT PROGRAM REVIEW. SEC. 5. RULES OF CONSTRUCTION. (a) Waiver of Requirements.--Nothing in this Act or the amendments made by this Act shall be construed to create, satisfy, or waive any requirement under-- (1) title II of the Americans With Disabilities Act of 1990 (42 U.S.C. 12131 et seq. ); (2) the Rehabilitation Act of 1973 (29 U.S.C. ); (3) title VI of the Civil Rights Act of 1964 (42 U.S.C. ); (4) title IX of the Education Amendments of 1972 (20 U.S.C. ); or (5) the Age Discrimination Act of 1975 (42 U.S.C. (b) Prohibition on Federally Developed, Mandated, or Endorsed Curriculum.--Nothing in this Act or the amendments made by this Act shall be construed to authorize any officer or employee of the Federal Government to engage in an activity otherwise prohibited under section 103(b) of the Department of Education Organization Act (20 U.S.C. 3403(b)).

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Luke and Alex School Safety Act of 2021''. 2. 651 et seq.) is amended by inserting after section 2215 the following: ``SEC. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(2) Purpose.--The Clearinghouse shall be the primary resource of the Federal Government to identify and publish online through SchoolSafety.gov, or any successor website, the best practices and recommendations for school safety for use by State and local educational agencies, institutions of higher education, State and local law enforcement agencies, health professionals, and the general public. ``(3) Personnel.-- ``(A) Assignments.--The Clearinghouse shall be assigned such personnel and resources as the Secretary considers appropriate to carry out this section. ``(B) Detailees.--The Secretary of Education, the Attorney General, and the Secretary of Health and Human Services may detail personnel to the Clearinghouse. ``(4) Exemptions.-- ``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) ``(2) Criteria for best practices and recommendations.--The best practices and recommendations of the Clearinghouse shall, at a minimum-- ``(A) involve comprehensive school safety measures, including threat prevention, preparedness, protection, mitigation, incident response, and recovery to improve the safety posture of a school upon implementation; ``(B) include any evidence or research rationale supporting the determination of the Clearinghouse that the best practice or recommendation under subparagraph (A) has been shown to have a significant effect on improving the health, safety, and welfare of persons in school settings, including-- ``(i) relevant research that is evidence- based, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), supporting the best practice or recommendation; ``(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school; or ``(iii) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety posture of a school upon implementation; and ``(C) include information on Federal grant programs for which implementation of each best practice or recommendation is an eligible use for the program. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. (b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 2215 the following: ``Sec. NOTIFICATION OF CLEARINGHOUSE. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. GRANT PROGRAM REVIEW. (a) Federal Grants and Resources.--The Secretary of Education, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Attorney General shall each-- (1) review grant programs administered by their respective agency and identify any grant program that may be used to implement best practices and recommendations of the Clearinghouse; (2) identify any best practices and recommendations of the Clearinghouse for which there is not a Federal grant program that may be used for the purposes of implementing the best practice or recommendation as applicable to the agency; and (3) periodically report any findings under paragraph (2) to the appropriate committees of Congress. SEC. 5. RULES OF CONSTRUCTION. (a) Waiver of Requirements.--Nothing in this Act or the amendments made by this Act shall be construed to create, satisfy, or waive any requirement under-- (1) title II of the Americans With Disabilities Act of 1990 (42 U.S.C. 12131 et seq. ); (2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq. ); (3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); (4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. ); or (5) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). (b) Prohibition on Federally Developed, Mandated, or Endorsed Curriculum.--Nothing in this Act or the amendments made by this Act shall be construed to authorize any officer or employee of the Federal Government to engage in an activity otherwise prohibited under section 103(b) of the Department of Education Organization Act (20 U.S.C. 3403(b)).

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(4) Exemptions.-- ``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) 7801), supporting the best practice or recommendation; ``(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school; or ``(iii) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety posture of a school upon implementation; and ``(C) include information on Federal grant programs for which implementation of each best practice or recommendation is an eligible use for the program. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. (c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( d) Notification by the Attorney General.--The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of justice; and (2) other Department of Justice partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General. b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. 2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq. ); (3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); ( 4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. );

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. ( c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( (b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. 2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq. ); (

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. ( c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( (b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. 2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq. ); (

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(4) Exemptions.-- ``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) 7801), supporting the best practice or recommendation; ``(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school; or ``(iii) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety posture of a school upon implementation; and ``(C) include information on Federal grant programs for which implementation of each best practice or recommendation is an eligible use for the program. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. (c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( d) Notification by the Attorney General.--The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of justice; and (2) other Department of Justice partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General. b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. 2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq. ); (3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); ( 4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. );

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. ( c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( (b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. 2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq. ); (

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(4) Exemptions.-- ``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) 7801), supporting the best practice or recommendation; ``(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school; or ``(iii) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety posture of a school upon implementation; and ``(C) include information on Federal grant programs for which implementation of each best practice or recommendation is an eligible use for the program. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. (c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( d) Notification by the Attorney General.--The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of justice; and (2) other Department of Justice partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General. b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. 2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq. ); (3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); ( 4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. );

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. ( c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( (b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. 2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq. ); (

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( d) Notification by the Attorney General.--The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of justice; and (2) other Department of Justice partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General. 3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); (

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. ( c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( ( b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse.

To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. ( c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. ( d) Notification by the Attorney General.--The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of justice; and (2) other Department of Justice partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General. 3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ); (

Luke and Alex School Safety Act of 2021 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS) to establish a Federal Clearinghouse on School Safety Best Practices within the Department of Education (ED). Requires the ClearingHouse to be the primary resource of the federal government to identify and publish online through SchoolSafety.gov, or any successor website Directs the Secretary of Education, the Secretaries of Homeland Security, Justice, and Health and Human Services, and the Attorney General to each: (1) review grant programs administered by their respective agencies and identify any grant program that may be used to implement best practices and recommendations of the Clearinghouse; (2) identify any best practices for which there is not a federal

H.R.9574

Taxation

Restaurant Revitalization Tax Credit Act This bill allows certain restaurants affected by the COVID-19 pandemic a credit against payroll tax liability up to 100% of the wages paid to their employees, not to exceed $25,000 in any calendar quarter.

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restaurant Revitalization Tax Credit Act''. SEC. 2. RESTAURANT REVITALIZATION CREDIT. (a) In General.--Subchapter D of chapter 21 of subtitle C of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 3135. RESTAURANT REVITALIZATION CREDIT. ``(a) In General.--In the case of an eligible employer, there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to 100 percent of the wages with respect to each employee of such employer for such calendar quarter. ``(b) Limitations and Refundability.-- ``(1) In general.--The aggregate amount of wages which may be taken into account under subsection (a) by the eligible employer for any calendar quarter shall not exceed $25,000. ``(2) Credit limited to employment taxes.--The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes (reduced by any credits allowed under subsections (e) and (f) of section 3111) on the wages paid with respect to the employment of all the employees of the eligible employer for such calendar quarter. For purposes of the preceding sentence, the credit allowed under subsection (a) shall be applied first against applicable employment taxes described in subsection (c)(1)(A). ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(B) Applicable employer refund limitation.--For purposes of subparagraph (A), the applicable employer refund limitation is the excess of-- ``(i) $25,000, over ``(ii) the amount of credit treated as an overpayment of the eligible employer by reason of this paragraph for all preceding calendar quarters. ``(C) Reduction based on number of employees.--In the case of any eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during the last calendar quarter of 2022 (rounded to the nearest multiple of 1) exceeds 10, the $25,000 dollar amount under subparagraph (A)(ii)(I) shall be reduced (but not below zero) by the product of such excess and $2,500. ``(c) Definitions.--For purposes of this section-- ``(1) Applicable employment taxes.--The term `applicable employment taxes' means the following: ``(A) The taxes imposed under section 3111(a). ``(B) The taxes imposed under section 3111(b). ``(2) Eligible employer.-- ``(A) In general.--The term `eligible employer' means any employer-- ``(i) which is an eligible entity (as defined in section 5003(a) of the American Rescue Plan Act of 2021) which-- ``(I) was established before March 14, 2020, ``(II) submitted an application for a grant under section 5003(c) of such Act in accordance with the procedures established by the Administrator of the Small Business Administration under such section, ``(III) certifies to the Secretary (in such form and manner as the Secretary requires) that such employer was eligible for a grant under such section, and ``(IV) did not receive any grant funds under such section due to a lack of funding, ``(ii) which paid applicable employment taxes with respect to pay periods occurring in at least 2 calendar quarters of calendar year 2021, and ``(iii) which meets the gross receipts test of subparagraph (B). ``(B) Gross receipts test.--An employer meets the gross receipts test of this subparagraph if-- ``(i) the gross receipts of such employer for any applicable calendar year were less than 50 percent the gross receipts of such employer for calendar year 2019, or ``(ii) the average gross receipts of such employer for all applicable calendar years were less than 70 percent the gross receipts of such employer for the calendar year 2019. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(ii) Calendar year 2021. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(E) Special rule for employers not in existence before 2020.--In the case of any employer that was not in existence before January 1, 2020, in applying this paragraph-- ``(i) the amount of gross receipts for calendar year 2019 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning on the date the employer was established and ending before March 14, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I), and ``(ii) the amount of gross receipts for calendar year 2020 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning after March 13, 2020, and ending on December 31, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I). ``(3) Wages.-- ``(A) In general.--The term `wages' has the meaning given such term under section 3121(a), determined without regard to paragraph (1) thereof. ``(B) Exception.--Such term shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, and 1396. ``(4) Other terms.--Any term used in this section which is also used in this chapter shall have the same meaning as when used in this chapter. ``(d) Aggregation Rule.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one employer for purposes of this section. ``(e) Election To Not Take Certain Wages Into Account.--This section shall not apply to so much of the wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section. ``(f) Third Party Payors.--Any credit allowed under this section shall be treated as a credit described in section 3511(d)(2). ``(g) Treatment of Deposits.--The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). ``(i) Regulations and Guidance.--The Secretary shall issue such forms, instructions, regulations, and other guidance as are necessary-- ``(1) with respect to the application of the credit under subsection (a) to third party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504), including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors, and ``(2) to prevent the avoidance of the purposes of the limitations under this section, including through the leaseback of employees. Any forms, instructions, regulations, or other guidance described in paragraph (1) shall require the customer to be responsible for the accounting of the credit and for any liability for improperly claimed credits and shall require the certified professional employer organization or other third party payor to accurately report such tax credits based on the information provided by the customer. ``(j) Application.--This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024.''. (b) Refunds.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``3135,'' after ``3134''. (c) Clerical Amendment.--The table of sections for subchapter D of chapter 21 of subtitle C of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 3135. Restaurant revitalization credit.''. (d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (e) Effective Date.--The amendments made by this section shall apply to calendar quarters beginning after December 31, 2022. <all>

Restaurant Revitalization Tax Credit Act

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic.

Restaurant Revitalization Tax Credit Act

Rep. Blumenauer, Earl

D

OR

This bill allows certain restaurants affected by the COVID-19 pandemic a credit against payroll tax liability up to 100% of the wages paid to their employees, not to exceed $25,000 in any calendar quarter.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restaurant Revitalization Tax Credit Act''. SEC. 2. ``(b) Limitations and Refundability.-- ``(1) In general.--The aggregate amount of wages which may be taken into account under subsection (a) by the eligible employer for any calendar quarter shall not exceed $25,000. ``(c) Definitions.--For purposes of this section-- ``(1) Applicable employment taxes.--The term `applicable employment taxes' means the following: ``(A) The taxes imposed under section 3111(a). ``(ii) Calendar year 2021. ``(E) Special rule for employers not in existence before 2020.--In the case of any employer that was not in existence before January 1, 2020, in applying this paragraph-- ``(i) the amount of gross receipts for calendar year 2019 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning on the date the employer was established and ending before March 14, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I), and ``(ii) the amount of gross receipts for calendar year 2020 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning after March 13, 2020, and ending on December 31, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I). ``(4) Other terms.--Any term used in this section which is also used in this chapter shall have the same meaning as when used in this chapter. ``(d) Aggregation Rule.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one employer for purposes of this section. ``(i) Regulations and Guidance.--The Secretary shall issue such forms, instructions, regulations, and other guidance as are necessary-- ``(1) with respect to the application of the credit under subsection (a) to third party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504), including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors, and ``(2) to prevent the avoidance of the purposes of the limitations under this section, including through the leaseback of employees. ``(j) Application.--This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024.''. 3135. Restaurant revitalization credit.''. (d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section.

SEC. 2. ``(b) Limitations and Refundability.-- ``(1) In general.--The aggregate amount of wages which may be taken into account under subsection (a) by the eligible employer for any calendar quarter shall not exceed $25,000. ``(c) Definitions.--For purposes of this section-- ``(1) Applicable employment taxes.--The term `applicable employment taxes' means the following: ``(A) The taxes imposed under section 3111(a). ``(ii) Calendar year 2021. ``(E) Special rule for employers not in existence before 2020.--In the case of any employer that was not in existence before January 1, 2020, in applying this paragraph-- ``(i) the amount of gross receipts for calendar year 2019 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning on the date the employer was established and ending before March 14, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I), and ``(ii) the amount of gross receipts for calendar year 2020 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning after March 13, 2020, and ending on December 31, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I). ``(d) Aggregation Rule.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one employer for purposes of this section. 3135. Restaurant revitalization credit.''. (d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by 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 ``Restaurant Revitalization Tax Credit Act''. SEC. 2. ``(b) Limitations and Refundability.-- ``(1) In general.--The aggregate amount of wages which may be taken into account under subsection (a) by the eligible employer for any calendar quarter shall not exceed $25,000. ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(c) Definitions.--For purposes of this section-- ``(1) Applicable employment taxes.--The term `applicable employment taxes' means the following: ``(A) The taxes imposed under section 3111(a). ``(ii) Calendar year 2021. ``(E) Special rule for employers not in existence before 2020.--In the case of any employer that was not in existence before January 1, 2020, in applying this paragraph-- ``(i) the amount of gross receipts for calendar year 2019 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning on the date the employer was established and ending before March 14, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I), and ``(ii) the amount of gross receipts for calendar year 2020 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning after March 13, 2020, and ending on December 31, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I). ``(4) Other terms.--Any term used in this section which is also used in this chapter shall have the same meaning as when used in this chapter. ``(d) Aggregation Rule.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one employer for purposes of this section. ``(g) Treatment of Deposits.--The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). ``(i) Regulations and Guidance.--The Secretary shall issue such forms, instructions, regulations, and other guidance as are necessary-- ``(1) with respect to the application of the credit under subsection (a) to third party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504), including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors, and ``(2) to prevent the avoidance of the purposes of the limitations under this section, including through the leaseback of employees. ``(j) Application.--This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024.''. (c) Clerical Amendment.--The table of sections for subchapter D of chapter 21 of subtitle C of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 3135. Restaurant revitalization credit.''. (d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section.

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restaurant Revitalization Tax Credit Act''. SEC. 2. ``(b) Limitations and Refundability.-- ``(1) In general.--The aggregate amount of wages which may be taken into account under subsection (a) by the eligible employer for any calendar quarter shall not exceed $25,000. ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(c) Definitions.--For purposes of this section-- ``(1) Applicable employment taxes.--The term `applicable employment taxes' means the following: ``(A) The taxes imposed under section 3111(a). ``(B) Gross receipts test.--An employer meets the gross receipts test of this subparagraph if-- ``(i) the gross receipts of such employer for any applicable calendar year were less than 50 percent the gross receipts of such employer for calendar year 2019, or ``(ii) the average gross receipts of such employer for all applicable calendar years were less than 70 percent the gross receipts of such employer for the calendar year 2019. ``(ii) Calendar year 2021. ``(E) Special rule for employers not in existence before 2020.--In the case of any employer that was not in existence before January 1, 2020, in applying this paragraph-- ``(i) the amount of gross receipts for calendar year 2019 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning on the date the employer was established and ending before March 14, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I), and ``(ii) the amount of gross receipts for calendar year 2020 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning after March 13, 2020, and ending on December 31, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I). ``(B) Exception.--Such term shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, and 1396. ``(4) Other terms.--Any term used in this section which is also used in this chapter shall have the same meaning as when used in this chapter. ``(d) Aggregation Rule.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one employer for purposes of this section. ``(g) Treatment of Deposits.--The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). ``(i) Regulations and Guidance.--The Secretary shall issue such forms, instructions, regulations, and other guidance as are necessary-- ``(1) with respect to the application of the credit under subsection (a) to third party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504), including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors, and ``(2) to prevent the avoidance of the purposes of the limitations under this section, including through the leaseback of employees. Any forms, instructions, regulations, or other guidance described in paragraph (1) shall require the customer to be responsible for the accounting of the credit and for any liability for improperly claimed credits and shall require the certified professional employer organization or other third party payor to accurately report such tax credits based on the information provided by the customer. ``(j) Application.--This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024.''. (c) Clerical Amendment.--The table of sections for subchapter D of chapter 21 of subtitle C of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 3135. Restaurant revitalization credit.''. (d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section.

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. ``(2) Credit limited to employment taxes.--The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes (reduced by any credits allowed under subsections (e) and (f) of section 3111) on the wages paid with respect to the employment of all the employees of the eligible employer for such calendar quarter. For purposes of the preceding sentence, the credit allowed under subsection (a) shall be applied first against applicable employment taxes described in subsection (c)(1)(A). ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(B) Gross receipts test.--An employer meets the gross receipts test of this subparagraph if-- ``(i) the gross receipts of such employer for any applicable calendar year were less than 50 percent the gross receipts of such employer for calendar year 2019, or ``(ii) the average gross receipts of such employer for all applicable calendar years were less than 70 percent the gross receipts of such employer for the calendar year 2019. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(3) Wages.-- ``(A) In general.--The term `wages' has the meaning given such term under section 3121(a), determined without regard to paragraph (1) thereof. ``(g) Treatment of Deposits.--The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). Any forms, instructions, regulations, or other guidance described in paragraph (1) shall require the customer to be responsible for the accounting of the credit and for any liability for improperly claimed credits and shall require the certified professional employer organization or other third party payor to accurately report such tax credits based on the information provided by the customer. ``(j) Application.--This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024.''. ( d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. RESTAURANT REVITALIZATION CREDIT. ( ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(C) Reduction based on number of employees.--In the case of any eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during the last calendar quarter of 2022 (rounded to the nearest multiple of 1) exceeds 10, the $25,000 dollar amount under subparagraph (A)(ii)(I) shall be reduced (but not below zero) by the product of such excess and $2,500. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(B) Exception.--Such term shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, and 1396. ``(e) Election To Not Take Certain Wages Into Account.--This section shall not apply to so much of the wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). (b) Refunds.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``3135,'' after ``3134''. ( d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. RESTAURANT REVITALIZATION CREDIT. ( ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(C) Reduction based on number of employees.--In the case of any eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during the last calendar quarter of 2022 (rounded to the nearest multiple of 1) exceeds 10, the $25,000 dollar amount under subparagraph (A)(ii)(I) shall be reduced (but not below zero) by the product of such excess and $2,500. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(B) Exception.--Such term shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, and 1396. ``(e) Election To Not Take Certain Wages Into Account.--This section shall not apply to so much of the wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). (b) Refunds.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``3135,'' after ``3134''. ( d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. ``(2) Credit limited to employment taxes.--The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes (reduced by any credits allowed under subsections (e) and (f) of section 3111) on the wages paid with respect to the employment of all the employees of the eligible employer for such calendar quarter. For purposes of the preceding sentence, the credit allowed under subsection (a) shall be applied first against applicable employment taxes described in subsection (c)(1)(A). ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(B) Gross receipts test.--An employer meets the gross receipts test of this subparagraph if-- ``(i) the gross receipts of such employer for any applicable calendar year were less than 50 percent the gross receipts of such employer for calendar year 2019, or ``(ii) the average gross receipts of such employer for all applicable calendar years were less than 70 percent the gross receipts of such employer for the calendar year 2019. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(3) Wages.-- ``(A) In general.--The term `wages' has the meaning given such term under section 3121(a), determined without regard to paragraph (1) thereof. ``(g) Treatment of Deposits.--The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). Any forms, instructions, regulations, or other guidance described in paragraph (1) shall require the customer to be responsible for the accounting of the credit and for any liability for improperly claimed credits and shall require the certified professional employer organization or other third party payor to accurately report such tax credits based on the information provided by the customer. ``(j) Application.--This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024.''. ( d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. RESTAURANT REVITALIZATION CREDIT. ( ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(C) Reduction based on number of employees.--In the case of any eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during the last calendar quarter of 2022 (rounded to the nearest multiple of 1) exceeds 10, the $25,000 dollar amount under subparagraph (A)(ii)(I) shall be reduced (but not below zero) by the product of such excess and $2,500. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(B) Exception.--Such term shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, and 1396. ``(e) Election To Not Take Certain Wages Into Account.--This section shall not apply to so much of the wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). (b) Refunds.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``3135,'' after ``3134''. ( d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. ``(2) Credit limited to employment taxes.--The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes (reduced by any credits allowed under subsections (e) and (f) of section 3111) on the wages paid with respect to the employment of all the employees of the eligible employer for such calendar quarter. For purposes of the preceding sentence, the credit allowed under subsection (a) shall be applied first against applicable employment taxes described in subsection (c)(1)(A). ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(B) Gross receipts test.--An employer meets the gross receipts test of this subparagraph if-- ``(i) the gross receipts of such employer for any applicable calendar year were less than 50 percent the gross receipts of such employer for calendar year 2019, or ``(ii) the average gross receipts of such employer for all applicable calendar years were less than 70 percent the gross receipts of such employer for the calendar year 2019. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(3) Wages.-- ``(A) In general.--The term `wages' has the meaning given such term under section 3121(a), determined without regard to paragraph (1) thereof. ``(g) Treatment of Deposits.--The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). Any forms, instructions, regulations, or other guidance described in paragraph (1) shall require the customer to be responsible for the accounting of the credit and for any liability for improperly claimed credits and shall require the certified professional employer organization or other third party payor to accurately report such tax credits based on the information provided by the customer. ``(j) Application.--This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024.''. ( d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. RESTAURANT REVITALIZATION CREDIT. ( ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(C) Reduction based on number of employees.--In the case of any eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during the last calendar quarter of 2022 (rounded to the nearest multiple of 1) exceeds 10, the $25,000 dollar amount under subparagraph (A)(ii)(I) shall be reduced (but not below zero) by the product of such excess and $2,500. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(B) Exception.--Such term shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, and 1396. ``(e) Election To Not Take Certain Wages Into Account.--This section shall not apply to so much of the wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). (b) Refunds.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``3135,'' after ``3134''. ( d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). ( b) Refunds.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``3135,'' after ``3134''. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

Restaurant Revitalization Tax Credit Act - Amends the Internal Revenue Code to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. (Currently, the credit is limited to 100% of the wages of all employees of such employers.) Limits the amount of such credit to $25,000. Allows the credit to be Amends the Internal Revenue Code to: (1) allow a tax credit for the revitalization of a restaurant; (2) extend the time period for the assessment of any amount attributable to such credit; and (3) allow such credit to be used for the establishment of a new restaurant. (Sec. 3) Requires the Secretary of the Treasury to issue such forms, instructions,

H.R.2090

Education

Student Loan Disclosure Transparency Act of 2021 This bill requires lenders disbursing federal student loans to disclose additional information to borrowers and increase the frequency of such disclosures. Specifically, prior to disbursement, the lender making a loan must disclose (1) the principal amount, interest rate, and number of required monthly payments to be made on the loan; (2) the estimated balance owed by the borrower; and (3) the estimated aggregate amount the borrower will pay. Prior to repayment, the lender must disclose the projected total of interest charges that the borrower will pay on the loan, as well as projections of the borrower's monthly repayment amount. The bill also requires certain disclosures for the life of the loan. In particular, lenders must disclose information about loans on a monthly, rather than periodic, basis. Lenders must also provide borrowers who are not in a repayment status (e.g., a borrower who is in school or in a deferment period) with a monthly statement. The Department of Education must obtain feedback from borrowers and report on the usefulness and effectiveness of such disclosures.

To improve Federal student loan disclosures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Disclosure Transparency Act of 2021''. SEC. 2. REQUIRED DISCLOSURES BEFORE DISBURSEMENT. Section 433(a) of the Higher Education Act of 1965 (20 U.S.C. 1083(a)) is amended-- (1) by striking ``and'' at the end of paragraph (18); (2) by striking the period and inserting ``; and'' at the end of paragraph (19); and (3) by adding at the end the following new paragraph: ``(20) a separate written or electronic statement, in simple and understandable terms, showing-- ``(A) for the loan or loans being disbursed-- ``(i) the principal amount of the loan, the stated interest rate on the loan, the number of required monthly payments to be made on the loan (which shall be based on a standard repayment plan or, in the case of a borrower who has selected another repayment plan, on the repayment plan selected by the borrower), and the estimated number of months before the start of the repayment period for the loan (based on the expected date on which the repayment period is to begin or the deferment period under 428B(d)(1) is to end, as applicable); ``(ii) the estimated balance to be owed by the borrower on such loan (including, if applicable, the estimated amount of interest to be capitalized) as of the scheduled date on which the repayment period is to begin or the deferment period under 428B(d)(1) is to end, as applicable, and an estimate of the projected monthly payment; and ``(iii) an estimate of the aggregate amount the borrower will pay for the loan or loans, including the total amount of monthly payments made over the life of the loan plus the amount of any charges for the loan, such as an origination fee; ``(B) for each other loan owed by the borrower to the lender, the information described in clauses (i) through (iii) of subparagraph (A); and ``(C) an estimate of the total cumulative amount the borrower will pay for all loans owed by the borrower to that lender, including the loan being disbursed, as determined by calculating the sum of the estimated aggregate amounts the borrower will pay for each loan in accordance with subparagraphs (A) and (B).''. SEC. 3. DISCLOSURE OF PROJECTED MONTHLY PAYMENT AMOUNTS. Section 433 of the Higher Education Act of 1965 (20 U.S.C. 1083) is further amended-- (1) in subsection (b), by amending paragraph (9) to read as follows: ``(9) information of interest charges, accrual, and payments, including-- ``(A) the projected total of interest charges which the borrower will pay on the loan or loans, assuming that the borrower makes payments exactly in accordance with the repayment schedule; ``(B) projections of the borrower's monthly repayment amount, assuming interest accrual resulting from capitalization of interest while the borrower, or the student on whose behalf the loan is made, is in school (as applicable), which shall disclose the cost to the borrower of-- ``(i) capitalizing the interest; and ``(ii) paying the interest as the interest accrues; and ``(C) if the borrower has already paid interest on the loan or loans, the amount of interest paid;''; and (2) by striking subsection (d), and redesignating subsections (e) and (f) as subsections (d) and (e), respectively. SEC. 4. REQUIRED MONTHLY DISCLOSURES. Section 433(d) of the Higher Education Act of 1965, as so redesignated by section 3 of this Act, is amended-- (1) in the subsection header, by striking ``During Repayment'' and inserting ``for the Life of the Loan''; and (2) by amending paragraph (1) to read as follows: ``(1) Pertinent information about loans provided on a monthly basis.--Each eligible lender shall provide the borrower of one or more loans made, insured, or guaranteed under this part or part D with a written monthly bill or statement (including through electronic means), in simple and understandable terms, of pertinent loan information described in this paragraph that-- ``(A) with respect to a borrower who is in repayment status, shall include a bill that corresponds to each payment installment time period in which a payment is due; ``(B) with respect to a borrower who is not in repayment status, shall be a statement for each month of the period during which the borrower is not required to make a payment to the eligible lender, including while the borrower is in school and during periods of deferment or forbearance; ``(C) shall be provided to the borrower of a loan not more than 30 days after the first disbursement of the loan, and monthly thereafter for the life of the loan; and ``(D) shall include, for all outstanding loans made, insured, or guaranteed under this part or part D by the eligible lender to the borrower-- ``(i) the original principal amount of each of the borrower's loans owed to that lender, and the original principal amount of those loans in the aggregate; ``(ii) the borrower's current balance on each loan and on all loans in the aggregate, as of the time of the bill or statement, as applicable; ``(iii) the interest rate on each loan; ``(iv) the total amount the borrower has paid in interest on each loan and on all loans in the aggregate; ``(v) the amount of interest that has accumulated on each loan and on all loans in the aggregate since the last statement, and the total interest accrued to date on each loan and on all loans in the aggregate during the life of the loans; ``(vi) the aggregate amount the borrower has paid for each loan and all loans in the aggregate, including the amount the borrower has paid in interest, the amount the borrower has paid in fees, and the amount the borrower has paid against the principal; ``(vii) an estimate of the aggregate amount the borrower will pay during the life of the loan for each loan and on all loans in the aggregate, including the total amount of monthly payments made over the life of the loans plus the amount of any charges for the loans, such as origination fees; ``(viii) a description of each fee the borrower has been charged for the most recently preceding installment time period; ``(ix) the date by which the borrower needs to make a payment in order to avoid additional fees and the amount of such payment and the amount of such fees; ``(x) with respect to a borrower who is not in repayment, the estimated balance to be owed by the borrower on each loan and on all loans in the aggregate, and an estimate of the projected monthly payment on each loan and on all loans in the aggregate, on the estimated date the borrower will enter (or re-enter) repayment status; ``(xi) a reminder that the borrower has the option to change repayment plans, a list of the names of the repayment plans available to the borrower, a link to the appropriate page of the Department's website to obtain a more detailed description of the repayment plans, and directions for the borrower to request a change in repayment plan; ``(xii) an explanation-- ``(I) that the borrower has the option to pay the interest that accrues on each loan while the borrower is a student at an institution of higher education or during a period of deferment or forbearance, if applicable; and ``(II) if the borrower does not pay such interest while attending an institution or during a period of deferment or forbearance, any accumulated interest on the loan will be capitalized when the loan goes into repayment, resulting in more interest being paid over the life of the loan; ``(xiii) an explanation that making even small payments of any amount while the borrower is a student at an institution of higher education, or during a period of deferment or forbearance, if applicable, can help to offset interest accrual over the life of the loan; ``(xiv) the lender's or loan servicer's address, toll-free phone number, and website for payment and billing error purposes, including information about how a borrower can make voluntary payments when a loan is not in repayment status; and ``(xv) an explanation to borrowers that loans made under this part of part D have significant protections for borrowers that aren't offered by the private market, including a number of income-driven repayment options, which offer flexible repayments terms and loan forgiveness for struggling borrowers.''. SEC. 5. REPORT TO CONGRESS ON CONSUMER TESTING. Not later than 24 months after the date of enactment of this Act, the Secretary shall-- (1) conduct consumer testing by obtaining feedback from individuals, including borrowers and prospective borrowers of loans under the Higher Education Act of 1965, on the usefulness and effectiveness of disclosing monthly terms of loans under section 433 of the Higher Education Act of 1965, as amended by this Act, to maximize borrowers' understanding of the terms and conditions of such loans; and (2) submit to Congress a report on the results of such consumer testing. SEC. 6. EFFECTIVE DATE. The amendments made by this Act to the Higher Education Act of 1965 shall take effect 180 days after the date of enactment of this Act. <all>

Student Loan Disclosure Transparency Act of 2021

To improve Federal student loan disclosures, and for other purposes.

Student Loan Disclosure Transparency Act of 2021

Rep. Herrera Beutler, Jaime

R

WA

This bill requires lenders disbursing federal student loans to disclose additional information to borrowers and increase the frequency of such disclosures. Specifically, prior to disbursement, the lender making a loan must disclose (1) the principal amount, interest rate, and number of required monthly payments to be made on the loan; (2) the estimated balance owed by the borrower; and (3) the estimated aggregate amount the borrower will pay. Prior to repayment, the lender must disclose the projected total of interest charges that the borrower will pay on the loan, as well as projections of the borrower's monthly repayment amount. The bill also requires certain disclosures for the life of the loan. In particular, lenders must disclose information about loans on a monthly, rather than periodic, basis. Lenders must also provide borrowers who are not in a repayment status (e.g., a borrower who is in school or in a deferment period) with a monthly statement. The Department of Education must obtain feedback from borrowers and report on the usefulness and effectiveness of such disclosures.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Disclosure Transparency Act of 2021''. REQUIRED DISCLOSURES BEFORE DISBURSEMENT. Section 433(a) of the Higher Education Act of 1965 (20 U.S.C. 4. Section 433(d) of the Higher Education Act of 1965, as so redesignated by section 3 of this Act, is amended-- (1) in the subsection header, by striking ``During Repayment'' and inserting ``for the Life of the Loan''; and (2) by amending paragraph (1) to read as follows: ``(1) Pertinent information about loans provided on a monthly basis.--Each eligible lender shall provide the borrower of one or more loans made, insured, or guaranteed under this part or part D with a written monthly bill or statement (including through electronic means), in simple and understandable terms, of pertinent loan information described in this paragraph that-- ``(A) with respect to a borrower who is in repayment status, shall include a bill that corresponds to each payment installment time period in which a payment is due; ``(B) with respect to a borrower who is not in repayment status, shall be a statement for each month of the period during which the borrower is not required to make a payment to the eligible lender, including while the borrower is in school and during periods of deferment or forbearance; ``(C) shall be provided to the borrower of a loan not more than 30 days after the first disbursement of the loan, and monthly thereafter for the life of the loan; and ``(D) shall include, for all outstanding loans made, insured, or guaranteed under this part or part D by the eligible lender to the borrower-- ``(i) the original principal amount of each of the borrower's loans owed to that lender, and the original principal amount of those loans in the aggregate; ``(ii) the borrower's current balance on each loan and on all loans in the aggregate, as of the time of the bill or statement, as applicable; ``(iii) the interest rate on each loan; ``(iv) the total amount the borrower has paid in interest on each loan and on all loans in the aggregate; ``(v) the amount of interest that has accumulated on each loan and on all loans in the aggregate since the last statement, and the total interest accrued to date on each loan and on all loans in the aggregate during the life of the loans; ``(vi) the aggregate amount the borrower has paid for each loan and all loans in the aggregate, including the amount the borrower has paid in interest, the amount the borrower has paid in fees, and the amount the borrower has paid against the principal; ``(vii) an estimate of the aggregate amount the borrower will pay during the life of the loan for each loan and on all loans in the aggregate, including the total amount of monthly payments made over the life of the loans plus the amount of any charges for the loans, such as origination fees; ``(viii) a description of each fee the borrower has been charged for the most recently preceding installment time period; ``(ix) the date by which the borrower needs to make a payment in order to avoid additional fees and the amount of such payment and the amount of such fees; ``(x) with respect to a borrower who is not in repayment, the estimated balance to be owed by the borrower on each loan and on all loans in the aggregate, and an estimate of the projected monthly payment on each loan and on all loans in the aggregate, on the estimated date the borrower will enter (or re-enter) repayment status; ``(xi) a reminder that the borrower has the option to change repayment plans, a list of the names of the repayment plans available to the borrower, a link to the appropriate page of the Department's website to obtain a more detailed description of the repayment plans, and directions for the borrower to request a change in repayment plan; ``(xii) an explanation-- ``(I) that the borrower has the option to pay the interest that accrues on each loan while the borrower is a student at an institution of higher education or during a period of deferment or forbearance, if applicable; and ``(II) if the borrower does not pay such interest while attending an institution or during a period of deferment or forbearance, any accumulated interest on the loan will be capitalized when the loan goes into repayment, resulting in more interest being paid over the life of the loan; ``(xiii) an explanation that making even small payments of any amount while the borrower is a student at an institution of higher education, or during a period of deferment or forbearance, if applicable, can help to offset interest accrual over the life of the loan; ``(xiv) the lender's or loan servicer's address, toll-free phone number, and website for payment and billing error purposes, including information about how a borrower can make voluntary payments when a loan is not in repayment status; and ``(xv) an explanation to borrowers that loans made under this part of part D have significant protections for borrowers that aren't offered by the private market, including a number of income-driven repayment options, which offer flexible repayments terms and loan forgiveness for struggling borrowers.''. 5. REPORT TO CONGRESS ON CONSUMER TESTING. SEC. 6. EFFECTIVE DATE.

To improve Federal student loan disclosures, and for other purposes. This Act may be cited as the ``Student Loan Disclosure Transparency Act of 2021''. DISCLOSURE OF PROJECTED MONTHLY PAYMENT AMOUNTS. REQUIRED MONTHLY DISCLOSURES. REPORT TO CONGRESS ON CONSUMER TESTING. Not later than 24 months after the date of enactment of this Act, the Secretary shall-- (1) conduct consumer testing by obtaining feedback from individuals, including borrowers and prospective borrowers of loans under the Higher Education Act of 1965, on the usefulness and effectiveness of disclosing monthly terms of loans under section 433 of the Higher Education Act of 1965, as amended by this Act, to maximize borrowers' understanding of the terms and conditions of such loans; and (2) submit to Congress a report on the results of such consumer testing.

To improve Federal student loan disclosures, and for other purposes. This Act may be cited as the ``Student Loan Disclosure Transparency Act of 2021''. DISCLOSURE OF PROJECTED MONTHLY PAYMENT AMOUNTS. Section 433 of the Higher Education Act of 1965 (20 U.S.C. REQUIRED MONTHLY DISCLOSURES. REPORT TO CONGRESS ON CONSUMER TESTING. Not later than 24 months after the date of enactment of this Act, the Secretary shall-- (1) conduct consumer testing by obtaining feedback from individuals, including borrowers and prospective borrowers of loans under the Higher Education Act of 1965, on the usefulness and effectiveness of disclosing monthly terms of loans under section 433 of the Higher Education Act of 1965, as amended by this Act, to maximize borrowers' understanding of the terms and conditions of such loans; and (2) submit to Congress a report on the results of such consumer testing.

To improve Federal student loan disclosures, and for other purposes. This Act may be cited as the ``Student Loan Disclosure Transparency Act of 2021''. DISCLOSURE OF PROJECTED MONTHLY PAYMENT AMOUNTS. Section 433 of the Higher Education Act of 1965 (20 U.S.C. REQUIRED MONTHLY DISCLOSURES. REPORT TO CONGRESS ON CONSUMER TESTING. Not later than 24 months after the date of enactment of this Act, the Secretary shall-- (1) conduct consumer testing by obtaining feedback from individuals, including borrowers and prospective borrowers of loans under the Higher Education Act of 1965, on the usefulness and effectiveness of disclosing monthly terms of loans under section 433 of the Higher Education Act of 1965, as amended by this Act, to maximize borrowers' understanding of the terms and conditions of such loans; and (2) submit to Congress a report on the results of such consumer testing.

To improve Federal student loan disclosures, and for other purposes. This Act may be cited as the ``Student Loan Disclosure Transparency Act of 2021''. DISCLOSURE OF PROJECTED MONTHLY PAYMENT AMOUNTS. REQUIRED MONTHLY DISCLOSURES. REPORT TO CONGRESS ON CONSUMER TESTING. Not later than 24 months after the date of enactment of this Act, the Secretary shall-- (1) conduct consumer testing by obtaining feedback from individuals, including borrowers and prospective borrowers of loans under the Higher Education Act of 1965, on the usefulness and effectiveness of disclosing monthly terms of loans under section 433 of the Higher Education Act of 1965, as amended by this Act, to maximize borrowers' understanding of the terms and conditions of such loans; and (2) submit to Congress a report on the results of such consumer testing.

To improve Federal student loan disclosures, and for other purposes. This Act may be cited as the ``Student Loan Disclosure Transparency Act of 2021''. DISCLOSURE OF PROJECTED MONTHLY PAYMENT AMOUNTS. Section 433 of the Higher Education Act of 1965 (20 U.S.C. REQUIRED MONTHLY DISCLOSURES. REPORT TO CONGRESS ON CONSUMER TESTING. Not later than 24 months after the date of enactment of this Act, the Secretary shall-- (1) conduct consumer testing by obtaining feedback from individuals, including borrowers and prospective borrowers of loans under the Higher Education Act of 1965, on the usefulness and effectiveness of disclosing monthly terms of loans under section 433 of the Higher Education Act of 1965, as amended by this Act, to maximize borrowers' understanding of the terms and conditions of such loans; and (2) submit to Congress a report on the results of such consumer testing.

To improve Federal student loan disclosures, and for other purposes. This Act may be cited as the ``Student Loan Disclosure Transparency Act of 2021''. DISCLOSURE OF PROJECTED MONTHLY PAYMENT AMOUNTS. REQUIRED MONTHLY DISCLOSURES. REPORT TO CONGRESS ON CONSUMER TESTING. Not later than 24 months after the date of enactment of this Act, the Secretary shall-- (1) conduct consumer testing by obtaining feedback from individuals, including borrowers and prospective borrowers of loans under the Higher Education Act of 1965, on the usefulness and effectiveness of disclosing monthly terms of loans under section 433 of the Higher Education Act of 1965, as amended by this Act, to maximize borrowers' understanding of the terms and conditions of such loans; and (2) submit to Congress a report on the results of such consumer testing.

To improve Federal student loan disclosures, and for other purposes. This Act may be cited as the ``Student Loan Disclosure Transparency Act of 2021''. DISCLOSURE OF PROJECTED MONTHLY PAYMENT AMOUNTS. Section 433 of the Higher Education Act of 1965 (20 U.S.C. REQUIRED MONTHLY DISCLOSURES. REPORT TO CONGRESS ON CONSUMER TESTING. Not later than 24 months after the date of enactment of this Act, the Secretary shall-- (1) conduct consumer testing by obtaining feedback from individuals, including borrowers and prospective borrowers of loans under the Higher Education Act of 1965, on the usefulness and effectiveness of disclosing monthly terms of loans under section 433 of the Higher Education Act of 1965, as amended by this Act, to maximize borrowers' understanding of the terms and conditions of such loans; and (2) submit to Congress a report on the results of such consumer testing.

To improve Federal student loan disclosures, and for other purposes. This Act may be cited as the ``Student Loan Disclosure Transparency Act of 2021''. DISCLOSURE OF PROJECTED MONTHLY PAYMENT AMOUNTS. REQUIRED MONTHLY DISCLOSURES. REPORT TO CONGRESS ON CONSUMER TESTING. Not later than 24 months after the date of enactment of this Act, the Secretary shall-- (1) conduct consumer testing by obtaining feedback from individuals, including borrowers and prospective borrowers of loans under the Higher Education Act of 1965, on the usefulness and effectiveness of disclosing monthly terms of loans under section 433 of the Higher Education Act of 1965, as amended by this Act, to maximize borrowers' understanding of the terms and conditions of such loans; and (2) submit to Congress a report on the results of such consumer testing.

To improve Federal student loan disclosures, and for other purposes. This Act may be cited as the ``Student Loan Disclosure Transparency Act of 2021''. DISCLOSURE OF PROJECTED MONTHLY PAYMENT AMOUNTS. Section 433 of the Higher Education Act of 1965 (20 U.S.C. REQUIRED MONTHLY DISCLOSURES. REPORT TO CONGRESS ON CONSUMER TESTING. Not later than 24 months after the date of enactment of this Act, the Secretary shall-- (1) conduct consumer testing by obtaining feedback from individuals, including borrowers and prospective borrowers of loans under the Higher Education Act of 1965, on the usefulness and effectiveness of disclosing monthly terms of loans under section 433 of the Higher Education Act of 1965, as amended by this Act, to maximize borrowers' understanding of the terms and conditions of such loans; and (2) submit to Congress a report on the results of such consumer testing.

To improve Federal student loan disclosures, and for other purposes. This Act may be cited as the ``Student Loan Disclosure Transparency Act of 2021''. DISCLOSURE OF PROJECTED MONTHLY PAYMENT AMOUNTS. REQUIRED MONTHLY DISCLOSURES. REPORT TO CONGRESS ON CONSUMER TESTING. Not later than 24 months after the date of enactment of this Act, the Secretary shall-- (1) conduct consumer testing by obtaining feedback from individuals, including borrowers and prospective borrowers of loans under the Higher Education Act of 1965, on the usefulness and effectiveness of disclosing monthly terms of loans under section 433 of the Higher Education Act of 1965, as amended by this Act, to maximize borrowers' understanding of the terms and conditions of such loans; and (2) submit to Congress a report on the results of such consumer testing.

Student Loan Disclosure Transparency Act of 2021 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to require the Federal Family Education Loan (FEL) and Direct Loan (DL) programs to provide borrowers with a separate written or electronic statement showing: (1) the principal amount of the loan, the stated interest rate, the number of required monthly payments, and Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each eligible lender to provide the borrower of one or more student loans made, insured, or guaranteed under part D (Federal Family Education Loan) with a written monthly bill or statement (including through electronic means), in simple and understandable terms, of pertinent loan information, including: (1) the original principal

S.5219

Taxation

Restaurant Revitalization Tax Credit Act This bill allows certain restaurants affected by the COVID-19 pandemic a credit against payroll tax liability up to 100% of the wages paid to their employees, not to exceed $25,000 in any calendar quarter.

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restaurant Revitalization Tax Credit Act''. SEC. 2. RESTAURANT REVITALIZATION CREDIT. (a) In General.--Subchapter D of chapter 21 of subtitle C of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 3135. RESTAURANT REVITALIZATION CREDIT. ``(a) In General.--In the case of an eligible employer, there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to 100 percent of the wages with respect to each employee of such employer for such calendar quarter. ``(b) Limitations and Refundability.-- ``(1) In general.--The aggregate amount of wages which may be taken into account under subsection (a) by the eligible employer for any calendar quarter shall not exceed $25,000. ``(2) Credit limited to employment taxes.--The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes (reduced by any credits allowed under subsections (e) and (f) of section 3111) on the wages paid with respect to the employment of all the employees of the eligible employer for such calendar quarter. For purposes of the preceding sentence, the credit allowed under subsection (a) shall be applied first against applicable employment taxes described in subsection (c)(1)(A). ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(B) Applicable employer refund limitation.--For purposes of subparagraph (A), the applicable employer refund limitation is the excess of-- ``(i) $25,000, over ``(ii) the amount of credit treated as an overpayment of the eligible employer by reason of this paragraph for all preceding calendar quarters. ``(C) Reduction based on number of employees.--In the case of any eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during the last calendar quarter of 2022 (rounded to the nearest multiple of 1) exceeds 10, the $25,000 dollar amount under subparagraph (A)(ii)(I) shall be reduced (but not below zero) by the product of such excess and $2,500. ``(c) Definitions.--For purposes of this section-- ``(1) Applicable employment taxes.--The term `applicable employment taxes' means the following: ``(A) The taxes imposed under section 3111(a). ``(B) The taxes imposed under section 3111(b). ``(2) Eligible employer.-- ``(A) In general.--The term `eligible employer' means any employer-- ``(i) which is an eligible entity (as defined in section 5003(a) of the American Rescue Plan Act of 2021) which-- ``(I) was established before March 14, 2020, ``(II) submitted an application for a grant under section 5003(c) of such Act in accordance with the procedures established by the Administrator of the Small Business Administration under such section, ``(III) certifies to the Secretary (in such form and manner as the Secretary requires) that such employer was eligible for a grant under such section, and ``(IV) did not receive any grant funds under such section due to a lack of funding, ``(ii) which paid applicable employment taxes with respect to pay periods occurring in at least 2 calendar quarters of calendar year 2021, and ``(iii) which meets the gross receipts test of subparagraph (B). ``(B) Gross receipts test.--An employer meets the gross receipts test of this subparagraph if-- ``(i) the gross receipts of such employer for any applicable calendar year were less than 50 percent the gross receipts of such employer for calendar year 2019, or ``(ii) the average gross receipts of such employer for all applicable calendar years were less than 70 percent the gross receipts of such employer for the calendar year 2019. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(ii) Calendar year 2021. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(E) Special rule for employers not in existence before 2020.--In the case of any employer that was not in existence before January 1, 2020, in applying this paragraph-- ``(i) the amount of gross receipts for calendar year 2019 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning on the date the employer was established and ending before March 14, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I), and ``(ii) the amount of gross receipts for calendar year 2020 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning after March 13, 2020, and ending on December 31, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I). ``(3) Wages.-- ``(A) In general.--The term `wages' has the meaning given such term under section 3121(a), determined without regard to paragraph (1) thereof. ``(B) Exception.--Such term shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, and 1396. ``(4) Other terms.--Any term used in this section which is also used in this chapter shall have the same meaning as when used in this chapter. ``(d) Aggregation Rule.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one employer for purposes of this section. ``(e) Election To Not Take Certain Wages Into Account.--This section shall not apply to so much of the wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section. ``(f) Third Party Payors.--Any credit allowed under this section shall be treated as a credit described in section 3511(d)(2). ``(g) Treatment of Deposits.--The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). ``(i) Regulations and Guidance.--The Secretary shall issue such forms, instructions, regulations, and other guidance as are necessary-- ``(1) with respect to the application of the credit under subsection (a) to third party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504), including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors, and ``(2) to prevent the avoidance of the purposes of the limitations under this section, including through the leaseback of employees. Any forms, instructions, regulations, or other guidance described in paragraph (1) shall require the customer to be responsible for the accounting of the credit and for any liability for improperly claimed credits and shall require the certified professional employer organization or other third party payor to accurately report such tax credits based on the information provided by the customer. ``(j) Application.--This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024.''. (b) Refunds.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``3135,'' after ``3134''. (c) Clerical Amendment.--The table of sections for subchapter D of chapter 21 of subtitle C of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 3135. Restaurant revitalization credit.''. (d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (e) Effective Date.--The amendments made by this section shall apply to calendar quarters beginning after December 31, 2022. <all>

Restaurant Revitalization Tax Credit Act

A bill to amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic.

Restaurant Revitalization Tax Credit Act

Sen. Cardin, Benjamin L.

D

MD

This bill allows certain restaurants affected by the COVID-19 pandemic a credit against payroll tax liability up to 100% of the wages paid to their employees, not to exceed $25,000 in any calendar quarter.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restaurant Revitalization Tax Credit Act''. SEC. 2. ``(b) Limitations and Refundability.-- ``(1) In general.--The aggregate amount of wages which may be taken into account under subsection (a) by the eligible employer for any calendar quarter shall not exceed $25,000. ``(c) Definitions.--For purposes of this section-- ``(1) Applicable employment taxes.--The term `applicable employment taxes' means the following: ``(A) The taxes imposed under section 3111(a). ``(ii) Calendar year 2021. ``(E) Special rule for employers not in existence before 2020.--In the case of any employer that was not in existence before January 1, 2020, in applying this paragraph-- ``(i) the amount of gross receipts for calendar year 2019 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning on the date the employer was established and ending before March 14, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I), and ``(ii) the amount of gross receipts for calendar year 2020 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning after March 13, 2020, and ending on December 31, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I). ``(4) Other terms.--Any term used in this section which is also used in this chapter shall have the same meaning as when used in this chapter. ``(d) Aggregation Rule.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one employer for purposes of this section. ``(i) Regulations and Guidance.--The Secretary shall issue such forms, instructions, regulations, and other guidance as are necessary-- ``(1) with respect to the application of the credit under subsection (a) to third party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504), including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors, and ``(2) to prevent the avoidance of the purposes of the limitations under this section, including through the leaseback of employees. ``(j) Application.--This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024.''. 3135. Restaurant revitalization credit.''. (d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section.

SEC. 2. ``(b) Limitations and Refundability.-- ``(1) In general.--The aggregate amount of wages which may be taken into account under subsection (a) by the eligible employer for any calendar quarter shall not exceed $25,000. ``(c) Definitions.--For purposes of this section-- ``(1) Applicable employment taxes.--The term `applicable employment taxes' means the following: ``(A) The taxes imposed under section 3111(a). ``(ii) Calendar year 2021. ``(E) Special rule for employers not in existence before 2020.--In the case of any employer that was not in existence before January 1, 2020, in applying this paragraph-- ``(i) the amount of gross receipts for calendar year 2019 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning on the date the employer was established and ending before March 14, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I), and ``(ii) the amount of gross receipts for calendar year 2020 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning after March 13, 2020, and ending on December 31, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I). ``(d) Aggregation Rule.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one employer for purposes of this section. 3135. Restaurant revitalization credit.''. (d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by 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 ``Restaurant Revitalization Tax Credit Act''. SEC. 2. ``(b) Limitations and Refundability.-- ``(1) In general.--The aggregate amount of wages which may be taken into account under subsection (a) by the eligible employer for any calendar quarter shall not exceed $25,000. ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(c) Definitions.--For purposes of this section-- ``(1) Applicable employment taxes.--The term `applicable employment taxes' means the following: ``(A) The taxes imposed under section 3111(a). ``(ii) Calendar year 2021. ``(E) Special rule for employers not in existence before 2020.--In the case of any employer that was not in existence before January 1, 2020, in applying this paragraph-- ``(i) the amount of gross receipts for calendar year 2019 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning on the date the employer was established and ending before March 14, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I), and ``(ii) the amount of gross receipts for calendar year 2020 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning after March 13, 2020, and ending on December 31, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I). ``(4) Other terms.--Any term used in this section which is also used in this chapter shall have the same meaning as when used in this chapter. ``(d) Aggregation Rule.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one employer for purposes of this section. ``(g) Treatment of Deposits.--The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). ``(i) Regulations and Guidance.--The Secretary shall issue such forms, instructions, regulations, and other guidance as are necessary-- ``(1) with respect to the application of the credit under subsection (a) to third party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504), including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors, and ``(2) to prevent the avoidance of the purposes of the limitations under this section, including through the leaseback of employees. ``(j) Application.--This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024.''. (c) Clerical Amendment.--The table of sections for subchapter D of chapter 21 of subtitle C of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 3135. Restaurant revitalization credit.''. (d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section.

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restaurant Revitalization Tax Credit Act''. SEC. 2. ``(b) Limitations and Refundability.-- ``(1) In general.--The aggregate amount of wages which may be taken into account under subsection (a) by the eligible employer for any calendar quarter shall not exceed $25,000. ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(c) Definitions.--For purposes of this section-- ``(1) Applicable employment taxes.--The term `applicable employment taxes' means the following: ``(A) The taxes imposed under section 3111(a). ``(B) Gross receipts test.--An employer meets the gross receipts test of this subparagraph if-- ``(i) the gross receipts of such employer for any applicable calendar year were less than 50 percent the gross receipts of such employer for calendar year 2019, or ``(ii) the average gross receipts of such employer for all applicable calendar years were less than 70 percent the gross receipts of such employer for the calendar year 2019. ``(ii) Calendar year 2021. ``(E) Special rule for employers not in existence before 2020.--In the case of any employer that was not in existence before January 1, 2020, in applying this paragraph-- ``(i) the amount of gross receipts for calendar year 2019 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning on the date the employer was established and ending before March 14, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I), and ``(ii) the amount of gross receipts for calendar year 2020 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning after March 13, 2020, and ending on December 31, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I). ``(B) Exception.--Such term shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, and 1396. ``(4) Other terms.--Any term used in this section which is also used in this chapter shall have the same meaning as when used in this chapter. ``(d) Aggregation Rule.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one employer for purposes of this section. ``(g) Treatment of Deposits.--The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). ``(i) Regulations and Guidance.--The Secretary shall issue such forms, instructions, regulations, and other guidance as are necessary-- ``(1) with respect to the application of the credit under subsection (a) to third party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504), including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors, and ``(2) to prevent the avoidance of the purposes of the limitations under this section, including through the leaseback of employees. Any forms, instructions, regulations, or other guidance described in paragraph (1) shall require the customer to be responsible for the accounting of the credit and for any liability for improperly claimed credits and shall require the certified professional employer organization or other third party payor to accurately report such tax credits based on the information provided by the customer. ``(j) Application.--This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024.''. (c) Clerical Amendment.--The table of sections for subchapter D of chapter 21 of subtitle C of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 3135. Restaurant revitalization credit.''. (d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section.

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. ``(2) Credit limited to employment taxes.--The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes (reduced by any credits allowed under subsections (e) and (f) of section 3111) on the wages paid with respect to the employment of all the employees of the eligible employer for such calendar quarter. For purposes of the preceding sentence, the credit allowed under subsection (a) shall be applied first against applicable employment taxes described in subsection (c)(1)(A). ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(B) Gross receipts test.--An employer meets the gross receipts test of this subparagraph if-- ``(i) the gross receipts of such employer for any applicable calendar year were less than 50 percent the gross receipts of such employer for calendar year 2019, or ``(ii) the average gross receipts of such employer for all applicable calendar years were less than 70 percent the gross receipts of such employer for the calendar year 2019. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(3) Wages.-- ``(A) In general.--The term `wages' has the meaning given such term under section 3121(a), determined without regard to paragraph (1) thereof. ``(g) Treatment of Deposits.--The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). Any forms, instructions, regulations, or other guidance described in paragraph (1) shall require the customer to be responsible for the accounting of the credit and for any liability for improperly claimed credits and shall require the certified professional employer organization or other third party payor to accurately report such tax credits based on the information provided by the customer. ``(j) Application.--This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024.''. ( d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. RESTAURANT REVITALIZATION CREDIT. ( ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(C) Reduction based on number of employees.--In the case of any eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during the last calendar quarter of 2022 (rounded to the nearest multiple of 1) exceeds 10, the $25,000 dollar amount under subparagraph (A)(ii)(I) shall be reduced (but not below zero) by the product of such excess and $2,500. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(B) Exception.--Such term shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, and 1396. ``(e) Election To Not Take Certain Wages Into Account.--This section shall not apply to so much of the wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). (b) Refunds.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``3135,'' after ``3134''. ( d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. RESTAURANT REVITALIZATION CREDIT. ( ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(C) Reduction based on number of employees.--In the case of any eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during the last calendar quarter of 2022 (rounded to the nearest multiple of 1) exceeds 10, the $25,000 dollar amount under subparagraph (A)(ii)(I) shall be reduced (but not below zero) by the product of such excess and $2,500. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(B) Exception.--Such term shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, and 1396. ``(e) Election To Not Take Certain Wages Into Account.--This section shall not apply to so much of the wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). (b) Refunds.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``3135,'' after ``3134''. ( d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. ``(2) Credit limited to employment taxes.--The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes (reduced by any credits allowed under subsections (e) and (f) of section 3111) on the wages paid with respect to the employment of all the employees of the eligible employer for such calendar quarter. For purposes of the preceding sentence, the credit allowed under subsection (a) shall be applied first against applicable employment taxes described in subsection (c)(1)(A). ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(B) Gross receipts test.--An employer meets the gross receipts test of this subparagraph if-- ``(i) the gross receipts of such employer for any applicable calendar year were less than 50 percent the gross receipts of such employer for calendar year 2019, or ``(ii) the average gross receipts of such employer for all applicable calendar years were less than 70 percent the gross receipts of such employer for the calendar year 2019. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(3) Wages.-- ``(A) In general.--The term `wages' has the meaning given such term under section 3121(a), determined without regard to paragraph (1) thereof. ``(g) Treatment of Deposits.--The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). Any forms, instructions, regulations, or other guidance described in paragraph (1) shall require the customer to be responsible for the accounting of the credit and for any liability for improperly claimed credits and shall require the certified professional employer organization or other third party payor to accurately report such tax credits based on the information provided by the customer. ``(j) Application.--This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024.''. ( d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. RESTAURANT REVITALIZATION CREDIT. ( ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(C) Reduction based on number of employees.--In the case of any eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during the last calendar quarter of 2022 (rounded to the nearest multiple of 1) exceeds 10, the $25,000 dollar amount under subparagraph (A)(ii)(I) shall be reduced (but not below zero) by the product of such excess and $2,500. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(B) Exception.--Such term shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, and 1396. ``(e) Election To Not Take Certain Wages Into Account.--This section shall not apply to so much of the wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). (b) Refunds.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``3135,'' after ``3134''. ( d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. ``(2) Credit limited to employment taxes.--The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes (reduced by any credits allowed under subsections (e) and (f) of section 3111) on the wages paid with respect to the employment of all the employees of the eligible employer for such calendar quarter. For purposes of the preceding sentence, the credit allowed under subsection (a) shall be applied first against applicable employment taxes described in subsection (c)(1)(A). ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(B) Gross receipts test.--An employer meets the gross receipts test of this subparagraph if-- ``(i) the gross receipts of such employer for any applicable calendar year were less than 50 percent the gross receipts of such employer for calendar year 2019, or ``(ii) the average gross receipts of such employer for all applicable calendar years were less than 70 percent the gross receipts of such employer for the calendar year 2019. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(3) Wages.-- ``(A) In general.--The term `wages' has the meaning given such term under section 3121(a), determined without regard to paragraph (1) thereof. ``(g) Treatment of Deposits.--The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). Any forms, instructions, regulations, or other guidance described in paragraph (1) shall require the customer to be responsible for the accounting of the credit and for any liability for improperly claimed credits and shall require the certified professional employer organization or other third party payor to accurately report such tax credits based on the information provided by the customer. ``(j) Application.--This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024.''. ( d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. RESTAURANT REVITALIZATION CREDIT. ( ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(C) Reduction based on number of employees.--In the case of any eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during the last calendar quarter of 2022 (rounded to the nearest multiple of 1) exceeds 10, the $25,000 dollar amount under subparagraph (A)(ii)(I) shall be reduced (but not below zero) by the product of such excess and $2,500. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(B) Exception.--Such term shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, and 1396. ``(e) Election To Not Take Certain Wages Into Account.--This section shall not apply to so much of the wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). (b) Refunds.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``3135,'' after ``3134''. ( d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). ( b) Refunds.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``3135,'' after ``3134''. (

To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (

Restaurant Revitalization Tax Credit Act - Amends the Internal Revenue Code to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. (Currently, the credit is limited to 100% of the wages of all employees of such employers.) Limits the amount of such credit to $25,000. Allows the credit to be Amends the Internal Revenue Code to: (1) allow a tax credit for the revitalization of a restaurant; (2) extend the time period for the assessment of any amount attributable to such credit; and (3) allow such credit to be used for the establishment of a new restaurant. (Sec. 3) Requires the Secretary of the Treasury to issue such forms, instructions,

S.1833

Health

Ensuring Access to Primary Care for Women & Children Act This bill temporarily applies a Medicare payment rate floor to Medicaid primary care services that are provided after the date of enactment of the bill or during a public health emergency, extends the payment rate to additional types of practitioners (e.g., obstetricians), and establishes other requirements with respect to payment for such services.

To amend title XIX of the Social Security Act to extend the application of the Medicare payment rate floor to primary care services furnished under Medicaid and to apply the rate floor to additional providers of primary care services. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Access to Primary Care for Women & Children Act''. SEC. 2. RENEWAL OF APPLICATION OF MEDICARE PAYMENT RATE FLOOR TO PRIMARY CARE SERVICES FURNISHED UNDER MEDICAID AND INCLUSION OF ADDITIONAL PROVIDERS. (a) Renewal of Payment Floor; Additional Providers.-- (1) In general.--Section 1902(a)(13) of the Social Security Act (42 U.S.C. 1396a(a)(13)) is amended by striking subparagraph (C) and inserting the following: ``(C) payment for primary care services (as defined in subsection (jj)) at a rate that is not less than 100 percent of the payment rate that applies to such services and provider under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year involved were the conversion factor under such section for 2009), and that is not less than the rate that would otherwise apply to such services under this title if the rate were determined without regard to this subparagraph, and that are-- ``(i) furnished in 2013 and 2014, by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine; or ``(ii) furnished in the 2-year period that begins on the first day of the first month that begins after the date of enactment of the Ensuring Access to Primary Care for Women & Children Act or during any other additional period specified with respect to the State under section 1905(dd)(2)-- ``(I) by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine, but only if the physician self-attests that the physician is Board certified in family medicine, general internal medicine, or pediatric medicine; ``(II) by a physician with a primary specialty designation of obstetrics and gynecology, but only if the physician self-attests that the physician is Board certified in obstetrics and gynecology; ``(III) by an advanced practice clinician, as defined by the Secretary (except that the Secretary shall define such term for purposes of this subparagraph to exclude a provider described in subclause (I), (II), or (V)), that works under the supervision of-- ``(aa) a physician that satisfies the criteria specified in subclause (I) or (II); or ``(bb) a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law; ``(IV) by a rural health clinic, Federally-qualified health center, or other health clinic that receives reimbursement on a fee schedule applicable to a physician, a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, for services furnished by a physician, nurse practitioner, physician assistant, or certified nurse-midwife, or services furnished by an advanced practice clinician supervised by a physician described in subclause (I) or (II), another advanced practice clinician, a nurse practitioner, physician assistant, or a certified nurse- midwife; or ``(V) by a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, in accordance with procedures that ensure that the portion of the payment for such services that the nurse practitioner, physician assistant, or certified nurse-midwife is paid is not less than the amount that the nurse practitioner, physician assistant, or certified nurse-midwife would be paid if the services were provided under part B of title XVIII;''. (2) Conforming amendments.--Section 1905(dd) of the Social Security Act (42 U.S.C. 1396d(dd)) is amended-- (A) by striking ``Notwithstanding'' and inserting the following: ``(1) In general.--Notwithstanding''; (B) by inserting ``or furnished during a period that is an additional period with respect to the State, as specified in paragraph (2),'' after ``2015,''; and (C) by adding at the end the following: ``(2) Additional periods.--For purposes of paragraph (1): ``(A) The 2-year period that begins on the first day of the first month that begins after the date of enactment of the Ensuring Access to Primary Care for Women & Children Act shall be an additional period with respect to all States. ``(B) Any public health emergency period (as defined in paragraph (3)) with respect to a State shall be an additional period with respect to such State. ``(3) Public health emergency period.--For purposes of paragraph (2), the term `public health emergency period' means, with respect to a State, a period that-- ``(A) begins on the date on which a public health emergency is declared with respect to the State by the Secretary pursuant to section 319 of the Public Health Service Act; and ``(B) ends on the last day of the sixth month that begins on or after the date on which such declaration expires.''. (b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. (c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 1396b(m)(2)(A)) is amended-- (A) in clause (xii), by striking ``and'' after the semicolon; (B) in clause (xiii)-- (i) by realigning the left margin so as to align with the left margin of clause (xii); and (ii) by striking the period at the end and inserting ``; and''; and (C) by inserting after clause (xiii) the following: ``(xiv) such contract provides that (I) payments to providers specified in section 1902(a)(13)(C) for primary care services defined in section 1902(jj) that are furnished during a year or period specified in section 1902(a)(13)(C) and section 1905(dd) are at least equal to the amounts set forth and required by the Secretary by regulation, (II) the entity shall, upon request, provide documentation to the State, sufficient to enable the State and the Secretary to ensure compliance with subclause (I), and (III) the Secretary shall approve payments described in subclause (I) that are furnished through an agreed upon capitation, partial capitation, or other value-based payment arrangement if the capitation, partial capitation, or other value-based payment arrangement is based on a reasonable methodology and the entity provides documentation to the State sufficient to enable the State and the Secretary to ensure compliance with subclause (I).''. (2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. SEC. 3. IMPROVING QUALITY AND VALUE FOR MEDICAID BENEFICIARIES. (a) GAO Study.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that examines the effects of the payment rate floor for primary care services under Medicaid provided under section 1902(a)(13)(C) of the Social Security Act (42 U.S.C. 1396a(a)(13)(C)) on beneficiary access to such services, including any recommendations for how the payment rate floor for such services could be more effective. (b) Funding the Development of Quality Measures.--The first sentence of section 1139B(e) of the Social Security Act (42 U.S.C. 1320b-9b(e)) is amended by inserting ``, and for fiscal year 2022, $15,000,000,'' before ``for the purpose''. (c) Developing Quality Measures for Beneficiaries With Disabilities.--Section 1139B(b)(5) of the Social Security Act (42 U.S.C. 1320b-9b(b)(5)) is amended by adding at the end the following: ``(D) Quality measures specific to adult individuals with disabilities.--The Secretary, acting through the Administrator for the Centers for Medicare & Medicaid Services and the Director of the Agency for Healthcare Research and Quality, shall develop adult health quality measures that are specific to adult individuals with disabilities and shall include those measures in the Medicaid Quality Measurement Program. In developing such measures, priority shall be given to developing quality measures that assess the impact on adult individuals with disabilities of existing programs and to the development of quality measures that assess the impact of new service delivery innovations on such individuals.''. <all>

Ensuring Access to Primary Care for Women & Children Act

A bill to amend title XIX of the Social Security Act to extend the application of the Medicare payment rate floor to primary care services furnished under Medicaid and to apply the rate floor to additional providers of primary care services.

Ensuring Access to Primary Care for Women & Children Act

Sen. Brown, Sherrod

D

OH

This bill temporarily applies a Medicare payment rate floor to Medicaid primary care services that are provided after the date of enactment of the bill or during a public health emergency, extends the payment rate to additional types of practitioners (e.g., obstetricians), and establishes other requirements with respect to payment for such services.

2. RENEWAL OF APPLICATION OF MEDICARE PAYMENT RATE FLOOR TO PRIMARY CARE SERVICES FURNISHED UNDER MEDICAID AND INCLUSION OF ADDITIONAL PROVIDERS. ``(B) Any public health emergency period (as defined in paragraph (3)) with respect to a State shall be an additional period with respect to such State. (c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C.

2. RENEWAL OF APPLICATION OF MEDICARE PAYMENT RATE FLOOR TO PRIMARY CARE SERVICES FURNISHED UNDER MEDICAID AND INCLUSION OF ADDITIONAL PROVIDERS. ``(B) Any public health emergency period (as defined in paragraph (3)) with respect to a State shall be an additional period with respect to such State. (c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C.

2. RENEWAL OF APPLICATION OF MEDICARE PAYMENT RATE FLOOR TO PRIMARY CARE SERVICES FURNISHED UNDER MEDICAID AND INCLUSION OF ADDITIONAL PROVIDERS. 1396a(a)(13)) is amended by striking subparagraph (C) and inserting the following: ``(C) payment for primary care services (as defined in subsection (jj)) at a rate that is not less than 100 percent of the payment rate that applies to such services and provider under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year involved were the conversion factor under such section for 2009), and that is not less than the rate that would otherwise apply to such services under this title if the rate were determined without regard to this subparagraph, and that are-- ``(i) furnished in 2013 and 2014, by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine; or ``(ii) furnished in the 2-year period that begins on the first day of the first month that begins after the date of enactment of the Ensuring Access to Primary Care for Women & Children Act or during any other additional period specified with respect to the State under section 1905(dd)(2)-- ``(I) by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine, but only if the physician self-attests that the physician is Board certified in family medicine, general internal medicine, or pediatric medicine; ``(II) by a physician with a primary specialty designation of obstetrics and gynecology, but only if the physician self-attests that the physician is Board certified in obstetrics and gynecology; ``(III) by an advanced practice clinician, as defined by the Secretary (except that the Secretary shall define such term for purposes of this subparagraph to exclude a provider described in subclause (I), (II), or (V)), that works under the supervision of-- ``(aa) a physician that satisfies the criteria specified in subclause (I) or (II); or ``(bb) a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law; ``(IV) by a rural health clinic, Federally-qualified health center, or other health clinic that receives reimbursement on a fee schedule applicable to a physician, a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, for services furnished by a physician, nurse practitioner, physician assistant, or certified nurse-midwife, or services furnished by an advanced practice clinician supervised by a physician described in subclause (I) or (II), another advanced practice clinician, a nurse practitioner, physician assistant, or a certified nurse- midwife; or ``(V) by a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, in accordance with procedures that ensure that the portion of the payment for such services that the nurse practitioner, physician assistant, or certified nurse-midwife is paid is not less than the amount that the nurse practitioner, physician assistant, or certified nurse-midwife would be paid if the services were provided under part B of title XVIII;''. ``(B) Any public health emergency period (as defined in paragraph (3)) with respect to a State shall be an additional period with respect to such State. (c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. SEC. IMPROVING QUALITY AND VALUE FOR MEDICAID BENEFICIARIES. In developing such measures, priority shall be given to developing quality measures that assess the impact on adult individuals with disabilities of existing programs and to the development of quality measures that assess the impact of new service delivery innovations on such individuals.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. RENEWAL OF APPLICATION OF MEDICARE PAYMENT RATE FLOOR TO PRIMARY CARE SERVICES FURNISHED UNDER MEDICAID AND INCLUSION OF ADDITIONAL PROVIDERS. 1396a(a)(13)) is amended by striking subparagraph (C) and inserting the following: ``(C) payment for primary care services (as defined in subsection (jj)) at a rate that is not less than 100 percent of the payment rate that applies to such services and provider under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year involved were the conversion factor under such section for 2009), and that is not less than the rate that would otherwise apply to such services under this title if the rate were determined without regard to this subparagraph, and that are-- ``(i) furnished in 2013 and 2014, by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine; or ``(ii) furnished in the 2-year period that begins on the first day of the first month that begins after the date of enactment of the Ensuring Access to Primary Care for Women & Children Act or during any other additional period specified with respect to the State under section 1905(dd)(2)-- ``(I) by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine, but only if the physician self-attests that the physician is Board certified in family medicine, general internal medicine, or pediatric medicine; ``(II) by a physician with a primary specialty designation of obstetrics and gynecology, but only if the physician self-attests that the physician is Board certified in obstetrics and gynecology; ``(III) by an advanced practice clinician, as defined by the Secretary (except that the Secretary shall define such term for purposes of this subparagraph to exclude a provider described in subclause (I), (II), or (V)), that works under the supervision of-- ``(aa) a physician that satisfies the criteria specified in subclause (I) or (II); or ``(bb) a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law; ``(IV) by a rural health clinic, Federally-qualified health center, or other health clinic that receives reimbursement on a fee schedule applicable to a physician, a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, for services furnished by a physician, nurse practitioner, physician assistant, or certified nurse-midwife, or services furnished by an advanced practice clinician supervised by a physician described in subclause (I) or (II), another advanced practice clinician, a nurse practitioner, physician assistant, or a certified nurse- midwife; or ``(V) by a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, in accordance with procedures that ensure that the portion of the payment for such services that the nurse practitioner, physician assistant, or certified nurse-midwife is paid is not less than the amount that the nurse practitioner, physician assistant, or certified nurse-midwife would be paid if the services were provided under part B of title XVIII;''. ``(B) Any public health emergency period (as defined in paragraph (3)) with respect to a State shall be an additional period with respect to such State. (c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 1396b(m)(2)(A)) is amended-- (A) in clause (xii), by striking ``and'' after the semicolon; (B) in clause (xiii)-- (i) by realigning the left margin so as to align with the left margin of clause (xii); and (ii) by striking the period at the end and inserting ``; and''; and (C) by inserting after clause (xiii) the following: ``(xiv) such contract provides that (I) payments to providers specified in section 1902(a)(13)(C) for primary care services defined in section 1902(jj) that are furnished during a year or period specified in section 1902(a)(13)(C) and section 1905(dd) are at least equal to the amounts set forth and required by the Secretary by regulation, (II) the entity shall, upon request, provide documentation to the State, sufficient to enable the State and the Secretary to ensure compliance with subclause (I), and (III) the Secretary shall approve payments described in subclause (I) that are furnished through an agreed upon capitation, partial capitation, or other value-based payment arrangement if the capitation, partial capitation, or other value-based payment arrangement is based on a reasonable methodology and the entity provides documentation to the State sufficient to enable the State and the Secretary to ensure compliance with subclause (I).''. (2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. SEC. IMPROVING QUALITY AND VALUE FOR MEDICAID BENEFICIARIES. 1320b-9b(e)) is amended by inserting ``, and for fiscal year 2022, $15,000,000,'' before ``for the purpose''. In developing such measures, priority shall be given to developing quality measures that assess the impact on adult individuals with disabilities of existing programs and to the development of quality measures that assess the impact of new service delivery innovations on such individuals.''.

To amend title XIX of the Social Security Act to extend the application of the Medicare payment rate floor to primary care services furnished under Medicaid and to apply the rate floor to additional providers of primary care services. This Act may be cited as the ``Ensuring Access to Primary Care for Women & Children Act''. ``(B) Any public health emergency period (as defined in paragraph (3)) with respect to a State shall be an additional period with respect to such State. b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. ( c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. IMPROVING QUALITY AND VALUE FOR MEDICAID BENEFICIARIES. ( a) GAO Study.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that examines the effects of the payment rate floor for primary care services under Medicaid provided under section 1902(a)(13)(C) of the Social Security Act (42 U.S.C. 1396a(a)(13)(C)) on beneficiary access to such services, including any recommendations for how the payment rate floor for such services could be more effective. ( In developing such measures, priority shall be given to developing quality measures that assess the impact on adult individuals with disabilities of existing programs and to the development of quality measures that assess the impact of new service delivery innovations on such individuals.''.

To amend title XIX of the Social Security Act to extend the application of the Medicare payment rate floor to primary care services furnished under Medicaid and to apply the rate floor to additional providers of primary care services. This Act may be cited as the ``Ensuring Access to Primary Care for Women & Children Act''. ``(B) Any public health emergency period (as defined in paragraph (3)) with respect to a State shall be an additional period with respect to such State. b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. ( 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. a) GAO Study.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that examines the effects of the payment rate floor for primary care services under Medicaid provided under section 1902(a)(13)(C) of the Social Security Act (42 U.S.C. 1396a(a)(13)(C)) on beneficiary access to such services, including any recommendations for how the payment rate floor for such services could be more effective. ( 1320b-9b(e)) is amended by inserting ``, and for fiscal year 2022, $15,000,000,'' before ``for the purpose''. ( In developing such measures, priority shall be given to developing quality measures that assess the impact on adult individuals with disabilities of existing programs and to the development of quality measures that assess the impact of new service delivery innovations on such individuals.''.

To amend title XIX of the Social Security Act to extend the application of the Medicare payment rate floor to primary care services furnished under Medicaid and to apply the rate floor to additional providers of primary care services. This Act may be cited as the ``Ensuring Access to Primary Care for Women & Children Act''. ``(B) Any public health emergency period (as defined in paragraph (3)) with respect to a State shall be an additional period with respect to such State. b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. ( 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. a) GAO Study.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that examines the effects of the payment rate floor for primary care services under Medicaid provided under section 1902(a)(13)(C) of the Social Security Act (42 U.S.C. 1396a(a)(13)(C)) on beneficiary access to such services, including any recommendations for how the payment rate floor for such services could be more effective. ( 1320b-9b(e)) is amended by inserting ``, and for fiscal year 2022, $15,000,000,'' before ``for the purpose''. ( In developing such measures, priority shall be given to developing quality measures that assess the impact on adult individuals with disabilities of existing programs and to the development of quality measures that assess the impact of new service delivery innovations on such individuals.''.

To amend title XIX of the Social Security Act to extend the application of the Medicare payment rate floor to primary care services furnished under Medicaid and to apply the rate floor to additional providers of primary care services. This Act may be cited as the ``Ensuring Access to Primary Care for Women & Children Act''. ``(B) Any public health emergency period (as defined in paragraph (3)) with respect to a State shall be an additional period with respect to such State. b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. ( c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. IMPROVING QUALITY AND VALUE FOR MEDICAID BENEFICIARIES. ( a) GAO Study.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that examines the effects of the payment rate floor for primary care services under Medicaid provided under section 1902(a)(13)(C) of the Social Security Act (42 U.S.C. 1396a(a)(13)(C)) on beneficiary access to such services, including any recommendations for how the payment rate floor for such services could be more effective. ( In developing such measures, priority shall be given to developing quality measures that assess the impact on adult individuals with disabilities of existing programs and to the development of quality measures that assess the impact of new service delivery innovations on such individuals.''.

To amend title XIX of the Social Security Act to extend the application of the Medicare payment rate floor to primary care services furnished under Medicaid and to apply the rate floor to additional providers of primary care services. This Act may be cited as the ``Ensuring Access to Primary Care for Women & Children Act''. ``(B) Any public health emergency period (as defined in paragraph (3)) with respect to a State shall be an additional period with respect to such State. b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. ( 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. a) GAO Study.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that examines the effects of the payment rate floor for primary care services under Medicaid provided under section 1902(a)(13)(C) of the Social Security Act (42 U.S.C. 1396a(a)(13)(C)) on beneficiary access to such services, including any recommendations for how the payment rate floor for such services could be more effective. ( 1320b-9b(e)) is amended by inserting ``, and for fiscal year 2022, $15,000,000,'' before ``for the purpose''. ( In developing such measures, priority shall be given to developing quality measures that assess the impact on adult individuals with disabilities of existing programs and to the development of quality measures that assess the impact of new service delivery innovations on such individuals.''.

To amend title XIX of the Social Security Act to extend the application of the Medicare payment rate floor to primary care services furnished under Medicaid and to apply the rate floor to additional providers of primary care services. This Act may be cited as the ``Ensuring Access to Primary Care for Women & Children Act''. ``(B) Any public health emergency period (as defined in paragraph (3)) with respect to a State shall be an additional period with respect to such State. b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. ( c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. IMPROVING QUALITY AND VALUE FOR MEDICAID BENEFICIARIES. ( a) GAO Study.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that examines the effects of the payment rate floor for primary care services under Medicaid provided under section 1902(a)(13)(C) of the Social Security Act (42 U.S.C. 1396a(a)(13)(C)) on beneficiary access to such services, including any recommendations for how the payment rate floor for such services could be more effective. ( In developing such measures, priority shall be given to developing quality measures that assess the impact on adult individuals with disabilities of existing programs and to the development of quality measures that assess the impact of new service delivery innovations on such individuals.''.

To amend title XIX of the Social Security Act to extend the application of the Medicare payment rate floor to primary care services furnished under Medicaid and to apply the rate floor to additional providers of primary care services. This Act may be cited as the ``Ensuring Access to Primary Care for Women & Children Act''. ``(B) Any public health emergency period (as defined in paragraph (3)) with respect to a State shall be an additional period with respect to such State. b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. ( 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. a) GAO Study.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that examines the effects of the payment rate floor for primary care services under Medicaid provided under section 1902(a)(13)(C) of the Social Security Act (42 U.S.C. 1396a(a)(13)(C)) on beneficiary access to such services, including any recommendations for how the payment rate floor for such services could be more effective. ( 1320b-9b(e)) is amended by inserting ``, and for fiscal year 2022, $15,000,000,'' before ``for the purpose''. ( In developing such measures, priority shall be given to developing quality measures that assess the impact on adult individuals with disabilities of existing programs and to the development of quality measures that assess the impact of new service delivery innovations on such individuals.''.

To amend title XIX of the Social Security Act to extend the application of the Medicare payment rate floor to primary care services furnished under Medicaid and to apply the rate floor to additional providers of primary care services. This Act may be cited as the ``Ensuring Access to Primary Care for Women & Children Act''. ``(B) Any public health emergency period (as defined in paragraph (3)) with respect to a State shall be an additional period with respect to such State. b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. ( c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. IMPROVING QUALITY AND VALUE FOR MEDICAID BENEFICIARIES. ( a) GAO Study.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that examines the effects of the payment rate floor for primary care services under Medicaid provided under section 1902(a)(13)(C) of the Social Security Act (42 U.S.C. 1396a(a)(13)(C)) on beneficiary access to such services, including any recommendations for how the payment rate floor for such services could be more effective. ( In developing such measures, priority shall be given to developing quality measures that assess the impact on adult individuals with disabilities of existing programs and to the development of quality measures that assess the impact of new service delivery innovations on such individuals.''.

To amend title XIX of the Social Security Act to extend the application of the Medicare payment rate floor to primary care services furnished under Medicaid and to apply the rate floor to additional providers of primary care services. This Act may be cited as the ``Ensuring Access to Primary Care for Women & Children Act''. ``(B) Any public health emergency period (as defined in paragraph (3)) with respect to a State shall be an additional period with respect to such State. b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. ( 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. a) GAO Study.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that examines the effects of the payment rate floor for primary care services under Medicaid provided under section 1902(a)(13)(C) of the Social Security Act (42 U.S.C. 1396a(a)(13)(C)) on beneficiary access to such services, including any recommendations for how the payment rate floor for such services could be more effective. ( 1320b-9b(e)) is amended by inserting ``, and for fiscal year 2022, $15,000,000,'' before ``for the purpose''. ( In developing such measures, priority shall be given to developing quality measures that assess the impact on adult individuals with disabilities of existing programs and to the development of quality measures that assess the impact of new service delivery innovations on such individuals.''.

To amend title XIX of the Social Security Act to extend the application of the Medicare payment rate floor to primary care services furnished under Medicaid and to apply the rate floor to additional providers of primary care services. This Act may be cited as the ``Ensuring Access to Primary Care for Women & Children Act''. ``(B) Any public health emergency period (as defined in paragraph (3)) with respect to a State shall be an additional period with respect to such State. b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. ( c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. IMPROVING QUALITY AND VALUE FOR MEDICAID BENEFICIARIES. ( a) GAO Study.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that examines the effects of the payment rate floor for primary care services under Medicaid provided under section 1902(a)(13)(C) of the Social Security Act (42 U.S.C. 1396a(a)(13)(C)) on beneficiary access to such services, including any recommendations for how the payment rate floor for such services could be more effective. ( In developing such measures, priority shall be given to developing quality measures that assess the impact on adult individuals with disabilities of existing programs and to the development of quality measures that assess the impact of new service delivery innovations on such individuals.''.

Ensuring Access to Primary Care for Women & Children Act This bill amends title XIX (Medicare) of the Social Security Act to extend the application of the Medicare payment rate floor to primary care services furnished under Medicaid and to apply the rate floor for such services to additional providers. The bill provides for payment for primary care at a rate that is not less than 100% of Amends title XVIII (Medicare) of the Social Security Act to require the Comptroller General to report to Congress on the effects of the payment rate floor for primary care services under Medicaid provided under title XIX (Medicaid) on beneficiary access to such services, including any recommendations for how the rate floor could be more effective. (Sec. 3) Amends title XI (

S.4073

International Affairs

Uyghur Policy Act of 2022 This bill requires the Department of State to take various actions concerning the treatment of Uyghurs and other minority groups in China. For example, the bill requires the State Department to (1) support human rights advocates representing such groups speaking at public diplomacy forums, including in Muslim-majority countries; (2) ensure that Uyghur language training is available to Foreign Service officers; and (3) support the appointment of a special rapporteur or working group at the United Nations to monitor and report on human rights violations and abuses in the Xinjiang Uyghur Autonomous Region in China.

To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Uyghur Policy Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) The Chinese Communist Party continues to repress the distinct Turkic identity of Uyghurs and members of other predominantly Muslim ethnic groups in the Xinjiang Uyghur Autonomous Region and in other areas where they have habitually resided. (2) Uyghurs, and other predominantly Muslim ethnic groups make up the majority of the indigenous population in the area that the Chinese Communist Party has designated as the Xinjiang Uyghur Autonomous Region (XUAR). Throughout their history, Uyghurs and other predominately Muslim ethnic groups have maintained a civilization that was distinct from the Chinese. For centuries, these Turkic groups were not under Chinese rule. (3) Human rights, including freedom of religion or belief, and the preservation of and respect for the Uyghurs' unique Turkic and Islamic civilization and identity are legitimate interests of the international community. (4) The People's Republic of China (PRC) has ratified the International Covenant on Economic, Social, and Cultural Rights, done at New York December 16, 1966, and is thereby bound by its provisions. China has also signed the International Covenant on Civil and Political Rights. Article One of both covenants state that all peoples have the right to self-determination. (5) An official campaign to encourage Chinese migration into the XUAR has placed immense pressure on those who seek to preserve the ethnic, cultural, religious, and linguistic traditions of the Uyghurs people. Chinese authorities have supported an influx of Chinese economic immigrants into the XUAR, discriminated against Uyghurs in hiring practices, and provided unequal access to healthcare services. (6) The Chinese Communist Party has manipulated the strategic objectives of the international war on terror to mask their increasing cultural and religious oppression of the predominantly Muslim population residing in the XUAR. (7) Following unrest in the region, in 2014, the Chinese Communist Party launched its ``Strike Hard against Violent Extremism'' campaign, in which dubious allegations of widespread extremist activity were used as justification for gross human rights violations committed against members of the Uyghur community. (8) Chinese Communist Party officials have made use of the legal system as a tool of repression, including for the imposition of arbitrary detentions and for torture against members of the Uyghur and other populations. (9) Uyghurs and Kazakhs who have secured citizenship or permanent residency outside of the PRC have attested to repeated threats, harassment, and surveillance by PRC officials. (10) Reporting from international news organizations has found that over the past decade, family members of Uyghurs living outside of the PRC who remain in the PRC have gone missing or have been detained to force Uyghur expatriates to return to the PRC or silence their dissent. (11) Credible evidence from human rights organizations, think tanks, and journalists confirms that more than 1,000,000 Uyghurs and members of other ethnic groups have been imprisoned in extrajudicial ``political reeducation'' centers. (12) Independent accounts from former detainees of ``political reeducation'' centers describe inhumane conditions and treatment, including forced political indoctrination, torture, beatings, rape, forced sterilization, and food deprivation. Former detainees also confirmed that they were told by guards that the only way to secure release was to demonstrate sufficient political loyalty to the Chinese Communist Party. (13) Popular discourse surrounding the ongoing atrocities in the XUAR and advocacy efforts to assist Uyghurs remains muted in most Muslim majority nations around the world. (14) Both Secretary of State Antony Blinken and Former Secretary of State Michael Pompeo have stated that the Chinese Communist Party has committed genocide and crimes against humanity against Uyghurs and other ethnic and religious groups in the XUAR. (15) Government bodies of multiple nations have also declared that Chinese Communist Party atrocities against such populations in the XUAR constitute genocide, including the parliaments of the United Kingdom, Belgium, Czechia, Lithuania, the Netherlands, and Canada. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to press for authorities in China to open the XUAR to regular, transparent, and unmanipulated visits by members of the press, Members of Congress, congressional staff delegations, and members and staff of the Congressional- Executive Commission on the People's Republic of China and the U.S.-China Economic and Security Review Commission; (2) to strive to ensure the preservation of the distinct ethnic, cultural, religious, and linguistic identity of Uyghurs and members of other ethnic and religious groups in the XUAR; (3) to urge other nations to call for the cessation of all government-sponsored crackdowns, imprisonments, and detentions of people throughout the XUAR aimed at those involved in the peaceful expression of their ethnic, cultural, political, or religious identity; (4) to commend countries that have provided shelter and hospitality to Uyghurs in exile, including Turkey, Albania, and Germany; and (5) to urge countries with sizeable Muslim populations, given commonalities in their religious and cultural identities, to demonstrate concern over the plight of Uyghurs. SEC. 4. PUBLIC DIPLOMACY IN THE ISLAMIC WORLD WITH RESPECT TO THE UYGHUR SITUATION. (a) In General.--The Secretary of State, working through the Assistant Secretary of State for Educational and Cultural Affairs, shall support, through the United States Speaker Program, human rights advocates representing Uyghurs and members of other ethnic and religious groups persecuted in the PRC, to speak at public diplomacy forums in Muslim-majority countries and other regions about issues regarding the human rights and religious freedom of Uyghurs and members of other ethnic and religious groups that are being persecuted in the PRC. (b) Consultation Requirement.--The Assistant Secretary of State for Educational and Cultural Affairs shall consult with representatives of the global Uyghur community when selecting participants for the activity described in subsection (a). (c) Media Activities.--The Secretary of State, in consultation with the Chief Executive Officer of the United States Agency for Global Media should facilitate the unhindered dissemination of information to Muslim-majority countries about issues regarding the human rights and religious freedom of Uyghurs and members of other groups in the XUAR. SEC. 5. STRATEGY TO INCREASE ACCESS TO DETENTION FACILITIES AND PRISONS AND SECURE THE RELEASE OF PRISONERS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to Congress a strategy to support and secure the release of political prisoners detained in the PRC. (b) Elements.--The strategy required under subsection (a) shall include-- (1) a detailed description of how the United States Government can pressure the PRC to immediately close all detention facilities and ``political reeducation'' camps housing Uyghurs and members of other ethnic minority groups in the XUAR; (2) a detailed assessment of how the United States can leverage its contributions to the United Nations to support the United Nations Commissioner for Human Rights and numerous United Nations Special Rapporteurs' urgent calls for immediate and unhindered access to detention facilities and ``political reeducation'' camps in the XUAR by independent international organizations and the Office of the United Nations High Commissioner for Human Rights for a comprehensive assessment of the human rights situation; (3) a detailed description of how the United States Government will work with other like-minded countries to pressure the PRC to immediately stop the genocide of Uyghurs and other ethnic groups in the XUAR; and (4) a detailed plan for how United States Government officials can use meetings with representatives of the Chinese Communist Party to demand the immediate and unconditional release of all prisoners detained for their ethnic, cultural, religious, and linguistic identities, or for expressing their political or religious beliefs in the XUAR. (c) Form.--The strategy required under subsection (a) shall be submitted in unclassified form. SEC. 6. REQUIREMENT FOR UYGHUR LANGUAGE TRAINING. The Secretary of State shall ensure that-- (1) Uyghur language training is available to Foreign Service officers, as appropriate; and (2) every effort is being made to ensure that a Uyghur- speaking member of the Foreign Service (as described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) is assigned to United States diplomatic and consular missions in the PRC, Turkey, and other nations hosting Uyghur populations. SEC. 7. UYGHUR CONSIDERATIONS AT THE UNITED NATIONS. The Secretary of State and the United States Permanent Representative to the United Nations shall use the voice, vote, and influence of the United States at the United Nations-- (1) to oppose any efforts-- (A) to prevent consideration of the issues related to the XUAR in any body of the United Nations; and (B) to prevent the participation of any Uyghur human rights advocates in nongovernmental fora hosted by or otherwise organized under the auspices of any body of the United Nations; and (2) to support the appointment of a special rapporteur or working group for the XUAR for the purposes of-- (A) monitoring human rights violations and abuses in the XUAR; and (B) making reports available to the High Commissioner for Refugees, the High Commissioner for Human Rights, the General Assembly, and other United Nations bodies. <all>

Uyghur Policy Act of 2022

A bill to support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their district civilization and identity, and for other purposes.

Uyghur Policy Act of 2022

Sen. Rubio, Marco

R

FL

This bill requires the Department of State to take various actions concerning the treatment of Uyghurs and other minority groups in China. For example, the bill requires the State Department to (1) support human rights advocates representing such groups speaking at public diplomacy forums, including in Muslim-majority countries; (2) ensure that Uyghur language training is available to Foreign Service officers; and (3) support the appointment of a special rapporteur or working group at the United Nations to monitor and report on human rights violations and abuses in the Xinjiang Uyghur Autonomous Region in China.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Uyghur Policy Act of 2022''. 2. FINDINGS. (3) Human rights, including freedom of religion or belief, and the preservation of and respect for the Uyghurs' unique Turkic and Islamic civilization and identity are legitimate interests of the international community. Article One of both covenants state that all peoples have the right to self-determination. Chinese authorities have supported an influx of Chinese economic immigrants into the XUAR, discriminated against Uyghurs in hiring practices, and provided unequal access to healthcare services. (8) Chinese Communist Party officials have made use of the legal system as a tool of repression, including for the imposition of arbitrary detentions and for torture against members of the Uyghur and other populations. Former detainees also confirmed that they were told by guards that the only way to secure release was to demonstrate sufficient political loyalty to the Chinese Communist Party. 3. 4. (a) In General.--The Secretary of State, working through the Assistant Secretary of State for Educational and Cultural Affairs, shall support, through the United States Speaker Program, human rights advocates representing Uyghurs and members of other ethnic and religious groups persecuted in the PRC, to speak at public diplomacy forums in Muslim-majority countries and other regions about issues regarding the human rights and religious freedom of Uyghurs and members of other ethnic and religious groups that are being persecuted in the PRC. 5. (b) Elements.--The strategy required under subsection (a) shall include-- (1) a detailed description of how the United States Government can pressure the PRC to immediately close all detention facilities and ``political reeducation'' camps housing Uyghurs and members of other ethnic minority groups in the XUAR; (2) a detailed assessment of how the United States can leverage its contributions to the United Nations to support the United Nations Commissioner for Human Rights and numerous United Nations Special Rapporteurs' urgent calls for immediate and unhindered access to detention facilities and ``political reeducation'' camps in the XUAR by independent international organizations and the Office of the United Nations High Commissioner for Human Rights for a comprehensive assessment of the human rights situation; (3) a detailed description of how the United States Government will work with other like-minded countries to pressure the PRC to immediately stop the genocide of Uyghurs and other ethnic groups in the XUAR; and (4) a detailed plan for how United States Government officials can use meetings with representatives of the Chinese Communist Party to demand the immediate and unconditional release of all prisoners detained for their ethnic, cultural, religious, and linguistic identities, or for expressing their political or religious beliefs in the XUAR. (c) Form.--The strategy required under subsection (a) shall be submitted in unclassified form. 6. REQUIREMENT FOR UYGHUR LANGUAGE TRAINING. SEC. 7. UYGHUR CONSIDERATIONS AT THE UNITED NATIONS.

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 ``Uyghur Policy Act of 2022''. 2. (3) Human rights, including freedom of religion or belief, and the preservation of and respect for the Uyghurs' unique Turkic and Islamic civilization and identity are legitimate interests of the international community. Article One of both covenants state that all peoples have the right to self-determination. Chinese authorities have supported an influx of Chinese economic immigrants into the XUAR, discriminated against Uyghurs in hiring practices, and provided unequal access to healthcare services. (8) Chinese Communist Party officials have made use of the legal system as a tool of repression, including for the imposition of arbitrary detentions and for torture against members of the Uyghur and other populations. Former detainees also confirmed that they were told by guards that the only way to secure release was to demonstrate sufficient political loyalty to the Chinese Communist Party. 3. 4. (a) In General.--The Secretary of State, working through the Assistant Secretary of State for Educational and Cultural Affairs, shall support, through the United States Speaker Program, human rights advocates representing Uyghurs and members of other ethnic and religious groups persecuted in the PRC, to speak at public diplomacy forums in Muslim-majority countries and other regions about issues regarding the human rights and religious freedom of Uyghurs and members of other ethnic and religious groups that are being persecuted in the PRC. 5. (c) Form.--The strategy required under subsection (a) shall be submitted in unclassified form. 6. REQUIREMENT FOR UYGHUR LANGUAGE TRAINING. SEC. 7. UYGHUR CONSIDERATIONS AT THE UNITED NATIONS.

To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Uyghur Policy Act of 2022''. 2. FINDINGS. (3) Human rights, including freedom of religion or belief, and the preservation of and respect for the Uyghurs' unique Turkic and Islamic civilization and identity are legitimate interests of the international community. China has also signed the International Covenant on Civil and Political Rights. Article One of both covenants state that all peoples have the right to self-determination. Chinese authorities have supported an influx of Chinese economic immigrants into the XUAR, discriminated against Uyghurs in hiring practices, and provided unequal access to healthcare services. (7) Following unrest in the region, in 2014, the Chinese Communist Party launched its ``Strike Hard against Violent Extremism'' campaign, in which dubious allegations of widespread extremist activity were used as justification for gross human rights violations committed against members of the Uyghur community. (8) Chinese Communist Party officials have made use of the legal system as a tool of repression, including for the imposition of arbitrary detentions and for torture against members of the Uyghur and other populations. (9) Uyghurs and Kazakhs who have secured citizenship or permanent residency outside of the PRC have attested to repeated threats, harassment, and surveillance by PRC officials. (12) Independent accounts from former detainees of ``political reeducation'' centers describe inhumane conditions and treatment, including forced political indoctrination, torture, beatings, rape, forced sterilization, and food deprivation. Former detainees also confirmed that they were told by guards that the only way to secure release was to demonstrate sufficient political loyalty to the Chinese Communist Party. (13) Popular discourse surrounding the ongoing atrocities in the XUAR and advocacy efforts to assist Uyghurs remains muted in most Muslim majority nations around the world. (15) Government bodies of multiple nations have also declared that Chinese Communist Party atrocities against such populations in the XUAR constitute genocide, including the parliaments of the United Kingdom, Belgium, Czechia, Lithuania, the Netherlands, and Canada. 3. 4. (a) In General.--The Secretary of State, working through the Assistant Secretary of State for Educational and Cultural Affairs, shall support, through the United States Speaker Program, human rights advocates representing Uyghurs and members of other ethnic and religious groups persecuted in the PRC, to speak at public diplomacy forums in Muslim-majority countries and other regions about issues regarding the human rights and religious freedom of Uyghurs and members of other ethnic and religious groups that are being persecuted in the PRC. 5. (b) Elements.--The strategy required under subsection (a) shall include-- (1) a detailed description of how the United States Government can pressure the PRC to immediately close all detention facilities and ``political reeducation'' camps housing Uyghurs and members of other ethnic minority groups in the XUAR; (2) a detailed assessment of how the United States can leverage its contributions to the United Nations to support the United Nations Commissioner for Human Rights and numerous United Nations Special Rapporteurs' urgent calls for immediate and unhindered access to detention facilities and ``political reeducation'' camps in the XUAR by independent international organizations and the Office of the United Nations High Commissioner for Human Rights for a comprehensive assessment of the human rights situation; (3) a detailed description of how the United States Government will work with other like-minded countries to pressure the PRC to immediately stop the genocide of Uyghurs and other ethnic groups in the XUAR; and (4) a detailed plan for how United States Government officials can use meetings with representatives of the Chinese Communist Party to demand the immediate and unconditional release of all prisoners detained for their ethnic, cultural, religious, and linguistic identities, or for expressing their political or religious beliefs in the XUAR. (c) Form.--The strategy required under subsection (a) shall be submitted in unclassified form. 6. REQUIREMENT FOR UYGHUR LANGUAGE TRAINING. The Secretary of State shall ensure that-- (1) Uyghur language training is available to Foreign Service officers, as appropriate; and (2) every effort is being made to ensure that a Uyghur- speaking member of the Foreign Service (as described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. SEC. 7. UYGHUR CONSIDERATIONS AT THE UNITED NATIONS.

To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Uyghur Policy Act of 2022''. 2. FINDINGS. (3) Human rights, including freedom of religion or belief, and the preservation of and respect for the Uyghurs' unique Turkic and Islamic civilization and identity are legitimate interests of the international community. (4) The People's Republic of China (PRC) has ratified the International Covenant on Economic, Social, and Cultural Rights, done at New York December 16, 1966, and is thereby bound by its provisions. China has also signed the International Covenant on Civil and Political Rights. Article One of both covenants state that all peoples have the right to self-determination. Chinese authorities have supported an influx of Chinese economic immigrants into the XUAR, discriminated against Uyghurs in hiring practices, and provided unequal access to healthcare services. (6) The Chinese Communist Party has manipulated the strategic objectives of the international war on terror to mask their increasing cultural and religious oppression of the predominantly Muslim population residing in the XUAR. (7) Following unrest in the region, in 2014, the Chinese Communist Party launched its ``Strike Hard against Violent Extremism'' campaign, in which dubious allegations of widespread extremist activity were used as justification for gross human rights violations committed against members of the Uyghur community. (8) Chinese Communist Party officials have made use of the legal system as a tool of repression, including for the imposition of arbitrary detentions and for torture against members of the Uyghur and other populations. (9) Uyghurs and Kazakhs who have secured citizenship or permanent residency outside of the PRC have attested to repeated threats, harassment, and surveillance by PRC officials. (10) Reporting from international news organizations has found that over the past decade, family members of Uyghurs living outside of the PRC who remain in the PRC have gone missing or have been detained to force Uyghur expatriates to return to the PRC or silence their dissent. (11) Credible evidence from human rights organizations, think tanks, and journalists confirms that more than 1,000,000 Uyghurs and members of other ethnic groups have been imprisoned in extrajudicial ``political reeducation'' centers. (12) Independent accounts from former detainees of ``political reeducation'' centers describe inhumane conditions and treatment, including forced political indoctrination, torture, beatings, rape, forced sterilization, and food deprivation. Former detainees also confirmed that they were told by guards that the only way to secure release was to demonstrate sufficient political loyalty to the Chinese Communist Party. (13) Popular discourse surrounding the ongoing atrocities in the XUAR and advocacy efforts to assist Uyghurs remains muted in most Muslim majority nations around the world. (15) Government bodies of multiple nations have also declared that Chinese Communist Party atrocities against such populations in the XUAR constitute genocide, including the parliaments of the United Kingdom, Belgium, Czechia, Lithuania, the Netherlands, and Canada. 3. 4. (a) In General.--The Secretary of State, working through the Assistant Secretary of State for Educational and Cultural Affairs, shall support, through the United States Speaker Program, human rights advocates representing Uyghurs and members of other ethnic and religious groups persecuted in the PRC, to speak at public diplomacy forums in Muslim-majority countries and other regions about issues regarding the human rights and religious freedom of Uyghurs and members of other ethnic and religious groups that are being persecuted in the PRC. 5. (b) Elements.--The strategy required under subsection (a) shall include-- (1) a detailed description of how the United States Government can pressure the PRC to immediately close all detention facilities and ``political reeducation'' camps housing Uyghurs and members of other ethnic minority groups in the XUAR; (2) a detailed assessment of how the United States can leverage its contributions to the United Nations to support the United Nations Commissioner for Human Rights and numerous United Nations Special Rapporteurs' urgent calls for immediate and unhindered access to detention facilities and ``political reeducation'' camps in the XUAR by independent international organizations and the Office of the United Nations High Commissioner for Human Rights for a comprehensive assessment of the human rights situation; (3) a detailed description of how the United States Government will work with other like-minded countries to pressure the PRC to immediately stop the genocide of Uyghurs and other ethnic groups in the XUAR; and (4) a detailed plan for how United States Government officials can use meetings with representatives of the Chinese Communist Party to demand the immediate and unconditional release of all prisoners detained for their ethnic, cultural, religious, and linguistic identities, or for expressing their political or religious beliefs in the XUAR. (c) Form.--The strategy required under subsection (a) shall be submitted in unclassified form. 6. REQUIREMENT FOR UYGHUR LANGUAGE TRAINING. The Secretary of State shall ensure that-- (1) Uyghur language training is available to Foreign Service officers, as appropriate; and (2) every effort is being made to ensure that a Uyghur- speaking member of the Foreign Service (as described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) is assigned to United States diplomatic and consular missions in the PRC, Turkey, and other nations hosting Uyghur populations. SEC. 7. UYGHUR CONSIDERATIONS AT THE UNITED NATIONS.

To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, and for other purposes. 4) The People's Republic of China (PRC) has ratified the International Covenant on Economic, Social, and Cultural Rights, done at New York December 16, 1966, and is thereby bound by its provisions. China has also signed the International Covenant on Civil and Political Rights. 6) The Chinese Communist Party has manipulated the strategic objectives of the international war on terror to mask their increasing cultural and religious oppression of the predominantly Muslim population residing in the XUAR. ( (10) Reporting from international news organizations has found that over the past decade, family members of Uyghurs living outside of the PRC who remain in the PRC have gone missing or have been detained to force Uyghur expatriates to return to the PRC or silence their dissent. ( 14) Both Secretary of State Antony Blinken and Former Secretary of State Michael Pompeo have stated that the Chinese Communist Party has committed genocide and crimes against humanity against Uyghurs and other ethnic and religious groups in the XUAR. ( PUBLIC DIPLOMACY IN THE ISLAMIC WORLD WITH RESPECT TO THE UYGHUR SITUATION. (a) In General.--The Secretary of State, working through the Assistant Secretary of State for Educational and Cultural Affairs, shall support, through the United States Speaker Program, human rights advocates representing Uyghurs and members of other ethnic and religious groups persecuted in the PRC, to speak at public diplomacy forums in Muslim-majority countries and other regions about issues regarding the human rights and religious freedom of Uyghurs and members of other ethnic and religious groups that are being persecuted in the PRC. ( b) Consultation Requirement.--The Assistant Secretary of State for Educational and Cultural Affairs shall consult with representatives of the global Uyghur community when selecting participants for the activity described in subsection (a). ( c) Form.--The strategy required under subsection (a) shall be submitted in unclassified form. REQUIREMENT FOR UYGHUR LANGUAGE TRAINING. The Secretary of State shall ensure that-- (1) Uyghur language training is available to Foreign Service officers, as appropriate; and (2) every effort is being made to ensure that a Uyghur- speaking member of the Foreign Service (as described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) is assigned to United States diplomatic and consular missions in the PRC, Turkey, and other nations hosting Uyghur populations. UYGHUR CONSIDERATIONS AT THE UNITED NATIONS.

To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, and for other purposes. For centuries, these Turkic groups were not under Chinese rule. ( 6) The Chinese Communist Party has manipulated the strategic objectives of the international war on terror to mask their increasing cultural and religious oppression of the predominantly Muslim population residing in the XUAR. (7) Following unrest in the region, in 2014, the Chinese Communist Party launched its ``Strike Hard against Violent Extremism'' campaign, in which dubious allegations of widespread extremist activity were used as justification for gross human rights violations committed against members of the Uyghur community. ( 9) Uyghurs and Kazakhs who have secured citizenship or permanent residency outside of the PRC have attested to repeated threats, harassment, and surveillance by PRC officials. ( PUBLIC DIPLOMACY IN THE ISLAMIC WORLD WITH RESPECT TO THE UYGHUR SITUATION. ( c) Media Activities.--The Secretary of State, in consultation with the Chief Executive Officer of the United States Agency for Global Media should facilitate the unhindered dissemination of information to Muslim-majority countries about issues regarding the human rights and religious freedom of Uyghurs and members of other groups in the XUAR. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to Congress a strategy to support and secure the release of political prisoners detained in the PRC. ( The Secretary of State shall ensure that-- (1) Uyghur language training is available to Foreign Service officers, as appropriate; and (2) every effort is being made to ensure that a Uyghur- speaking member of the Foreign Service (as described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) is assigned to United States diplomatic and consular missions in the PRC, Turkey, and other nations hosting Uyghur populations.

To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, and for other purposes. For centuries, these Turkic groups were not under Chinese rule. ( 6) The Chinese Communist Party has manipulated the strategic objectives of the international war on terror to mask their increasing cultural and religious oppression of the predominantly Muslim population residing in the XUAR. (7) Following unrest in the region, in 2014, the Chinese Communist Party launched its ``Strike Hard against Violent Extremism'' campaign, in which dubious allegations of widespread extremist activity were used as justification for gross human rights violations committed against members of the Uyghur community. ( 9) Uyghurs and Kazakhs who have secured citizenship or permanent residency outside of the PRC have attested to repeated threats, harassment, and surveillance by PRC officials. ( PUBLIC DIPLOMACY IN THE ISLAMIC WORLD WITH RESPECT TO THE UYGHUR SITUATION. ( c) Media Activities.--The Secretary of State, in consultation with the Chief Executive Officer of the United States Agency for Global Media should facilitate the unhindered dissemination of information to Muslim-majority countries about issues regarding the human rights and religious freedom of Uyghurs and members of other groups in the XUAR. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to Congress a strategy to support and secure the release of political prisoners detained in the PRC. ( The Secretary of State shall ensure that-- (1) Uyghur language training is available to Foreign Service officers, as appropriate; and (2) every effort is being made to ensure that a Uyghur- speaking member of the Foreign Service (as described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) is assigned to United States diplomatic and consular missions in the PRC, Turkey, and other nations hosting Uyghur populations.

To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, and for other purposes. 4) The People's Republic of China (PRC) has ratified the International Covenant on Economic, Social, and Cultural Rights, done at New York December 16, 1966, and is thereby bound by its provisions. China has also signed the International Covenant on Civil and Political Rights. 6) The Chinese Communist Party has manipulated the strategic objectives of the international war on terror to mask their increasing cultural and religious oppression of the predominantly Muslim population residing in the XUAR. ( (10) Reporting from international news organizations has found that over the past decade, family members of Uyghurs living outside of the PRC who remain in the PRC have gone missing or have been detained to force Uyghur expatriates to return to the PRC or silence their dissent. ( 14) Both Secretary of State Antony Blinken and Former Secretary of State Michael Pompeo have stated that the Chinese Communist Party has committed genocide and crimes against humanity against Uyghurs and other ethnic and religious groups in the XUAR. ( PUBLIC DIPLOMACY IN THE ISLAMIC WORLD WITH RESPECT TO THE UYGHUR SITUATION. (a) In General.--The Secretary of State, working through the Assistant Secretary of State for Educational and Cultural Affairs, shall support, through the United States Speaker Program, human rights advocates representing Uyghurs and members of other ethnic and religious groups persecuted in the PRC, to speak at public diplomacy forums in Muslim-majority countries and other regions about issues regarding the human rights and religious freedom of Uyghurs and members of other ethnic and religious groups that are being persecuted in the PRC. ( b) Consultation Requirement.--The Assistant Secretary of State for Educational and Cultural Affairs shall consult with representatives of the global Uyghur community when selecting participants for the activity described in subsection (a). ( c) Form.--The strategy required under subsection (a) shall be submitted in unclassified form. REQUIREMENT FOR UYGHUR LANGUAGE TRAINING. The Secretary of State shall ensure that-- (1) Uyghur language training is available to Foreign Service officers, as appropriate; and (2) every effort is being made to ensure that a Uyghur- speaking member of the Foreign Service (as described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) is assigned to United States diplomatic and consular missions in the PRC, Turkey, and other nations hosting Uyghur populations. UYGHUR CONSIDERATIONS AT THE UNITED NATIONS.

To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, and for other purposes. For centuries, these Turkic groups were not under Chinese rule. ( 6) The Chinese Communist Party has manipulated the strategic objectives of the international war on terror to mask their increasing cultural and religious oppression of the predominantly Muslim population residing in the XUAR. (7) Following unrest in the region, in 2014, the Chinese Communist Party launched its ``Strike Hard against Violent Extremism'' campaign, in which dubious allegations of widespread extremist activity were used as justification for gross human rights violations committed against members of the Uyghur community. ( 9) Uyghurs and Kazakhs who have secured citizenship or permanent residency outside of the PRC have attested to repeated threats, harassment, and surveillance by PRC officials. ( PUBLIC DIPLOMACY IN THE ISLAMIC WORLD WITH RESPECT TO THE UYGHUR SITUATION. ( c) Media Activities.--The Secretary of State, in consultation with the Chief Executive Officer of the United States Agency for Global Media should facilitate the unhindered dissemination of information to Muslim-majority countries about issues regarding the human rights and religious freedom of Uyghurs and members of other groups in the XUAR. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to Congress a strategy to support and secure the release of political prisoners detained in the PRC. ( The Secretary of State shall ensure that-- (1) Uyghur language training is available to Foreign Service officers, as appropriate; and (2) every effort is being made to ensure that a Uyghur- speaking member of the Foreign Service (as described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) is assigned to United States diplomatic and consular missions in the PRC, Turkey, and other nations hosting Uyghur populations.

To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, and for other purposes. 4) The People's Republic of China (PRC) has ratified the International Covenant on Economic, Social, and Cultural Rights, done at New York December 16, 1966, and is thereby bound by its provisions. China has also signed the International Covenant on Civil and Political Rights. 6) The Chinese Communist Party has manipulated the strategic objectives of the international war on terror to mask their increasing cultural and religious oppression of the predominantly Muslim population residing in the XUAR. ( (10) Reporting from international news organizations has found that over the past decade, family members of Uyghurs living outside of the PRC who remain in the PRC have gone missing or have been detained to force Uyghur expatriates to return to the PRC or silence their dissent. ( 14) Both Secretary of State Antony Blinken and Former Secretary of State Michael Pompeo have stated that the Chinese Communist Party has committed genocide and crimes against humanity against Uyghurs and other ethnic and religious groups in the XUAR. ( PUBLIC DIPLOMACY IN THE ISLAMIC WORLD WITH RESPECT TO THE UYGHUR SITUATION. (a) In General.--The Secretary of State, working through the Assistant Secretary of State for Educational and Cultural Affairs, shall support, through the United States Speaker Program, human rights advocates representing Uyghurs and members of other ethnic and religious groups persecuted in the PRC, to speak at public diplomacy forums in Muslim-majority countries and other regions about issues regarding the human rights and religious freedom of Uyghurs and members of other ethnic and religious groups that are being persecuted in the PRC. ( b) Consultation Requirement.--The Assistant Secretary of State for Educational and Cultural Affairs shall consult with representatives of the global Uyghur community when selecting participants for the activity described in subsection (a). ( c) Form.--The strategy required under subsection (a) shall be submitted in unclassified form. REQUIREMENT FOR UYGHUR LANGUAGE TRAINING. The Secretary of State shall ensure that-- (1) Uyghur language training is available to Foreign Service officers, as appropriate; and (2) every effort is being made to ensure that a Uyghur- speaking member of the Foreign Service (as described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) is assigned to United States diplomatic and consular missions in the PRC, Turkey, and other nations hosting Uyghur populations. UYGHUR CONSIDERATIONS AT THE UNITED NATIONS.

To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, and for other purposes. For centuries, these Turkic groups were not under Chinese rule. ( 6) The Chinese Communist Party has manipulated the strategic objectives of the international war on terror to mask their increasing cultural and religious oppression of the predominantly Muslim population residing in the XUAR. (7) Following unrest in the region, in 2014, the Chinese Communist Party launched its ``Strike Hard against Violent Extremism'' campaign, in which dubious allegations of widespread extremist activity were used as justification for gross human rights violations committed against members of the Uyghur community. ( 9) Uyghurs and Kazakhs who have secured citizenship or permanent residency outside of the PRC have attested to repeated threats, harassment, and surveillance by PRC officials. ( PUBLIC DIPLOMACY IN THE ISLAMIC WORLD WITH RESPECT TO THE UYGHUR SITUATION. ( c) Media Activities.--The Secretary of State, in consultation with the Chief Executive Officer of the United States Agency for Global Media should facilitate the unhindered dissemination of information to Muslim-majority countries about issues regarding the human rights and religious freedom of Uyghurs and members of other groups in the XUAR. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to Congress a strategy to support and secure the release of political prisoners detained in the PRC. ( The Secretary of State shall ensure that-- (1) Uyghur language training is available to Foreign Service officers, as appropriate; and (2) every effort is being made to ensure that a Uyghur- speaking member of the Foreign Service (as described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) is assigned to United States diplomatic and consular missions in the PRC, Turkey, and other nations hosting Uyghur populations.

To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, and for other purposes. 4) The People's Republic of China (PRC) has ratified the International Covenant on Economic, Social, and Cultural Rights, done at New York December 16, 1966, and is thereby bound by its provisions. China has also signed the International Covenant on Civil and Political Rights. 6) The Chinese Communist Party has manipulated the strategic objectives of the international war on terror to mask their increasing cultural and religious oppression of the predominantly Muslim population residing in the XUAR. ( (10) Reporting from international news organizations has found that over the past decade, family members of Uyghurs living outside of the PRC who remain in the PRC have gone missing or have been detained to force Uyghur expatriates to return to the PRC or silence their dissent. ( 14) Both Secretary of State Antony Blinken and Former Secretary of State Michael Pompeo have stated that the Chinese Communist Party has committed genocide and crimes against humanity against Uyghurs and other ethnic and religious groups in the XUAR. ( PUBLIC DIPLOMACY IN THE ISLAMIC WORLD WITH RESPECT TO THE UYGHUR SITUATION. (a) In General.--The Secretary of State, working through the Assistant Secretary of State for Educational and Cultural Affairs, shall support, through the United States Speaker Program, human rights advocates representing Uyghurs and members of other ethnic and religious groups persecuted in the PRC, to speak at public diplomacy forums in Muslim-majority countries and other regions about issues regarding the human rights and religious freedom of Uyghurs and members of other ethnic and religious groups that are being persecuted in the PRC. ( b) Consultation Requirement.--The Assistant Secretary of State for Educational and Cultural Affairs shall consult with representatives of the global Uyghur community when selecting participants for the activity described in subsection (a). ( c) Form.--The strategy required under subsection (a) shall be submitted in unclassified form. REQUIREMENT FOR UYGHUR LANGUAGE TRAINING. The Secretary of State shall ensure that-- (1) Uyghur language training is available to Foreign Service officers, as appropriate; and (2) every effort is being made to ensure that a Uyghur- speaking member of the Foreign Service (as described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) is assigned to United States diplomatic and consular missions in the PRC, Turkey, and other nations hosting Uyghur populations. UYGHUR CONSIDERATIONS AT THE UNITED NATIONS.

To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, and for other purposes. For centuries, these Turkic groups were not under Chinese rule. ( 6) The Chinese Communist Party has manipulated the strategic objectives of the international war on terror to mask their increasing cultural and religious oppression of the predominantly Muslim population residing in the XUAR. (7) Following unrest in the region, in 2014, the Chinese Communist Party launched its ``Strike Hard against Violent Extremism'' campaign, in which dubious allegations of widespread extremist activity were used as justification for gross human rights violations committed against members of the Uyghur community. ( 9) Uyghurs and Kazakhs who have secured citizenship or permanent residency outside of the PRC have attested to repeated threats, harassment, and surveillance by PRC officials. ( PUBLIC DIPLOMACY IN THE ISLAMIC WORLD WITH RESPECT TO THE UYGHUR SITUATION. ( c) Media Activities.--The Secretary of State, in consultation with the Chief Executive Officer of the United States Agency for Global Media should facilitate the unhindered dissemination of information to Muslim-majority countries about issues regarding the human rights and religious freedom of Uyghurs and members of other groups in the XUAR. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to Congress a strategy to support and secure the release of political prisoners detained in the PRC. ( The Secretary of State shall ensure that-- (1) Uyghur language training is available to Foreign Service officers, as appropriate; and (2) every effort is being made to ensure that a Uyghur- speaking member of the Foreign Service (as described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) is assigned to United States diplomatic and consular missions in the PRC, Turkey, and other nations hosting Uyghur populations.

To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, and for other purposes. 14) Both Secretary of State Antony Blinken and Former Secretary of State Michael Pompeo have stated that the Chinese Communist Party has committed genocide and crimes against humanity against Uyghurs and other ethnic and religious groups in the XUAR. ( (a) In General.--The Secretary of State, working through the Assistant Secretary of State for Educational and Cultural Affairs, shall support, through the United States Speaker Program, human rights advocates representing Uyghurs and members of other ethnic and religious groups persecuted in the PRC, to speak at public diplomacy forums in Muslim-majority countries and other regions about issues regarding the human rights and religious freedom of Uyghurs and members of other ethnic and religious groups that are being persecuted in the PRC. ( The Secretary of State shall ensure that-- (1) Uyghur language training is available to Foreign Service officers, as appropriate; and (2) every effort is being made to ensure that a Uyghur- speaking member of the Foreign Service (as described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) is assigned to United States diplomatic and consular missions in the PRC, Turkey, and other nations hosting Uyghur populations.

Uyghur Policy Act of 2022 This bill expresses the sense of Congress that the U.S. government should support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Autonomous Region (XUAR) to safeguard their distinct civilization and identity, and for other purposes. The bill directs the Department of State to: (1) Directs the Secretary of State to develop and submit to Congress a strategy to support and secure the release of political prisoners detained in the People's Republic of China (PRC). Requires the strategy to include: (1) a detailed description of how the United States can pressure the PRC to immediately close all detention facilities and "political reeducation" camps housing Uyghurs and members

H.R.3895

Labor and Employment

College Athlete Right to Organize Act This bill establishes collective bargaining rights for college athletes. Specifically, the bill amends the National Labor Relations Act to (1) define college athlete employee as an employee of an institution of higher education if the individual receives direct compensation from the institution and such compensation requires participation in intercollegiate sports, and (2) include public institutions as employers within the context of intercollegiate sports. The National Labor Relations Board (NLRB) must consider the colleges within an athletic conference as part of a bargaining unit with which college athletes can negotiate. The NLRB shall have jurisdiction over all institutions of higher education within the context of intercollegiate athletics regarding collective bargaining and representation matters and labor disputes. The bill prohibits any agreements, such as scholarship agreements, that waive the right of athletes to collectively bargain.

To establish collective bargaining rights for college athletes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``College Athlete Right to Organize Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The National Labor Relations Act (29 U.S.C. 151 et seq.) seeks to remedy the inequality of bargaining power between employees and employers primarily through establishing and protecting the rights of employees to self-organize and designate representatives of their own choosing for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection. (2) Labor organizations often originate to remedy unfair and exploitative labor practices by employers through assisting employees in securing more equitable terms and conditions of their employment, including fair compensation and safe working conditions, which individual employees would be unlikely to negotiate successfully for on their own. (3) Labor organizations serve unique and essential purposes for professional athletes competing in sports leagues, where it is desirable to establish uniform rules and standards across multiple employers. These rules and standards bear significant consequences to the athletes in terms of compensation, health and safety, and the ability or lack thereof for athletes to choose their employer, among other issues related to the athletes' well-being. (4) The formation of labor organizations representing athletes in professional sports leagues in the United States has helped end exploitative practices by team owners and management, particularly through establishing collective- bargaining agreements that have secured athletes a fair share of the revenues their talent and labor produces, as well as more equitable terms of their employment and protections for their short- and long-term health. (5) College athletes face exploitative and unfair labor practices by the National Collegiate Athletic Association (referred to in this section as the ``NCAA'') and its member institutions, primarily through the denial of the basic economic and labor rights of such athletes, which the NCAA and its member institutions have justified by defining college athletes as amateurs. (6) The NCAA and its member institutions have denied college athletes a fair wage for their labor by colluding to cap compensation; they maintain strict and exacting control over the terms and conditions of college athletes' labor; and they exercise the ability to terminate an athlete's eligibility to compete if the athlete violates these terms and conditions. (7) College athletes exhibit the markers of employment as established under the common law definition of the term ``employee'': They perform a valuable service for their respective colleges under a contract for hire in the form of grant-in-aid agreements; these agreements assert significant control over how athletes perform their work and the conditions under which they work; and they receive compensation in the form of grant-in-aid and stipends in exchange for their athletic services. (8) To establish more equitable terms and conditions for college athletes' labor, college athletes need representation of their own choosing to negotiate collective-bargaining agreements with their respective colleges and the athletic conferences that help set rules and standards across an entire league. (9) To organize effectively, college athletes must be able to form collective bargaining units across institutions of higher education that compete against each other, including within athletic conferences; and, accordingly, to establish effective collective bargaining rights for college athletes under this Act, the National Labor Relations Act must be amended to cover both private and public institutions of higher education to the extent that college athletes attending such institutions fall within the definition of ``employee'' under that Act, as amended by this Act. (10) The Constitution of the United States vests Congress with the power to regulate commerce between the States, and intercollegiate sports, which are maintained by athletic associations that host competitions between colleges across States, involves interstate commerce that generates annual revenue of more than $15,000,000,000. (11) Intercollegiate sports' significant engagement in interstate commerce justifies application of the National Labor Relations Act (29 U.S.C. 151 et seq.) to regulate the labor market within which public and private institutions of higher education compete and set rules pertaining to the wages and working conditions of college athletes. SEC. 3. COLLECTIVE BARGAINING RIGHTS OF COLLEGE ATHLETES. (a) Definitions.--Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by adding at the end the following: ``Notwithstanding the previous sentence, the term `employer' includes a public institution of higher education with respect to the employment of college athlete employees of the institution.''; (2) in paragraph (3), by adding at the end the following: ``Any individual who participates in an intercollegiate sport for an institution of higher education, and is a student enrolled in the institution of higher education, shall be considered an employee of the institution of higher education if-- ``(A) the individual receives any form of direct compensation, including grant-in-aid, from the institution of higher education; and ``(B) any terms or conditions of such compensation require participation in an intercollegiate sport.''; and (3) by adding at the end the following: ``(15) The term `grant-in-aid' means a scholarship, grant, or other form of financial assistance that is provided by an institution of higher education to an individual for the individual's undergraduate or graduate course of study. ``(16) The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(17) The term `intercollegiate athletic conference'-- ``(A) means any conference, or other group or organization, of institutions of higher education that-- ``(i) exercises authority over intercollegiate sports at such institutions of higher education; and ``(ii) is engaged in commerce or an industry or activity affecting commerce; and ``(B) notwithstanding subparagraph (A), does not include the National Collegiate Athletic Association. ``(18) The term `college athlete employee' means an individual described in the second sentence of paragraph (3).''. (b) Multiemployer Bargaining Unit.--Section 9(b) of the National Labor Relations Act (29 U.S.C. 159(b)) is amended by striking the period at the end and inserting the following: ``: Provided, That, for the purpose of establishing an appropriate bargaining unit for college athlete employees at institutions of higher education in an intercollegiate athletic conference, the Board shall recognize multiple institutions of higher education within an intercollegiate athletic conference as a multiemployer bargaining unit, but only if consented to by the employee representatives for the intercollegiate sports bargaining units at the institutions of higher education that will be included in the multiemployer bargaining unit.''. (c) Jurisdiction Related to Intercollegiate Sports.--Section 14(c)(1) of the National Labor Relations Act (29 U.S.C. 164(c)(1)) is amended by striking ``Provided,'' and inserting the following: ``Provided, That the Board shall exercise jurisdiction over institutions of higher education and college athlete employees of such institutions in relation to all collective bargaining matters under this Act pertaining to such employees, including any representation matter, such as recognizing or establishing a bargaining unit for such employees and any labor dispute involving such institutions and employees: Provided further,''. (d) Prohibition on Waiver.--An individual may not enter into any agreement (including a grant-in-aid agreement, as defined in section 3(15) of the National Labor Relations Act (29 U.S.C. 152(15)) or legal settlement that waives or permits noncompliance with this Act or the amendments made by this Act. SEC. 4. TREATMENT OF DIRECT COMPENSATION FOR TAX PURPOSES AND ELIGIBILITY FOR FEDERAL FINANCIAL ASSISTANCE. Nothing in this Act, or an amendment made by this Act, shall-- (1) cause any type of direct compensation described in section 2(3) of the National Labor Relations Act (29 U.S.C. 152(3)) that was not previously treated as income for which a tax may be imposed under the Internal Revenue Code of 1986 to become a type of direct compensation for which such a tax may be imposed; (2) cause any individual to be treated as an employee, or cause any amounts received by an individual to be treated as wages, for purposes of any provision in the Internal Revenue Code of 1986 relating to employment taxes or the withholding of taxes by an employer if such individual or amounts would not otherwise be so treated; (3) affect the treatment of qualified scholarships under section 117 of the Internal Revenue Code of 1986; or (4) otherwise affect the treatment of any direct compensation described in such section 2(3) in determining income, including gross income or adjusted gross income, for purposes of-- (A) the Internal Revenue Code of 1986, including any reporting requirements under such Code; or (B) determining eligibility for any form of Federal financial assistance, including assistance under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.). SEC. 5. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected. <all>

College Athlete Right to Organize Act

To establish collective bargaining rights for college athletes, and for other purposes.