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S.856

Finance and Financial Sector

National Senior Investor Initiative Act of 2021 or the Senior Security Act of 2021 This bill establishes the Senior Investor Taskforce within the Securities and Exchange Commission. The taskforce must report on topics relating to investors over the age of 65, including industry trends and serious issues impacting such investors, and make recommendations for legislative or regulatory actions to address problems encountered by senior investors. The Government Accountability Office must report on the financial exploitation of senior citizens.

To amend the Securities Exchange Act of 1934 to create an interdivisional taskforce at the Securities and Exchange Commission for senior investors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Senior Investor Initiative Act of 2021'' or the ``Senior Security Act of 2021''. SEC. 2. SENIOR INVESTOR TASKFORCE. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following: ``(k) Senior Investor Taskforce.-- ``(1) Definitions.--In this subsection-- ``(A) the term `appropriate committees of Congress' means-- ``(i) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(ii) the Special Committee on Aging of the Senate; and ``(iii) the Committee on Financial Services of the House of Representatives; and ``(B) the term `senior investor' means an investor who is older than 65 years of age. ``(2) Establishment.--There is established within the Commission the Senior Investor Taskforce (referred to in this subsection as the `Taskforce'). ``(3) Director of the taskforce.--The head of the Taskforce shall be the Director, who shall-- ``(A) report directly to the Chairman; and ``(B) be appointed by the Chairman, in consultation with the Commission, from among individuals-- ``(i) currently employed by the Commission or from outside of the Commission; and ``(ii) having experience in advocating for the interests of senior investors. ``(4) Staffing.-- ``(A) In general.--The Chairman shall ensure that-- ``(i) the Taskforce is staffed sufficiently to carry out fully the requirements of this subsection; and ``(ii) the staff described in clause (i) includes individuals from the Division of Enforcement, the Office of Compliance Inspections and Examinations, and the Office of Investor Education and Advocacy. ``(B) Members of the public.-- ``(i) In general.--A member of the public may serve as a member of the Taskforce. ``(ii) Travel expenses.--The Chairman shall provide to any member of the public serving as a member of the Taskforce travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Taskforce. ``(C) Federal employees.--A member of the Taskforce who is an employee of any agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government shall receive no additional compensation for performing the duties of the member with respect to the Taskforce. ``(5) Minimizing duplication of efforts.--In organizing and staffing the Taskforce, the Chairman shall take such actions as may be necessary to minimize the duplication of efforts within the divisions and offices described in paragraph (4)(A)(ii) and any other divisions, offices, or taskforces of the Commission. ``(6) Functions of the taskforce.--The Taskforce shall-- ``(A) identify challenges that senior investors encounter, including problems associated with financial exploitation and cognitive decline; ``(B) identify areas in which senior investors would benefit from changes in the regulations of the Commission or the rules of self-regulatory organizations; ``(C) coordinate, as appropriate, with other offices within the Commission, other taskforces that may be established within the Commission, self- regulatory organizations, and the Elder Justice Coordinating Council; and ``(D) consult, as appropriate, with State securities and law enforcement authorities, State insurance regulators, and other Federal agencies. ``(7) Report.-- ``(A) In general.--Subject to subparagraphs (B) and (C), the Taskforce, in coordination, as appropriate, with the Office of the Investor Advocate and self- regulatory organizations, and in consultation, as appropriate, with State securities and law enforcement authorities, State insurance regulators, and Federal agencies, shall submit to the Secretary of the Senate, the Clerk of the House of Representatives, and the appropriate committees of Congress a biennial report containing-- ``(i) appropriate statistical information and full and substantive analysis; ``(ii) a summary of recent trends and innovations that have impacted the investment landscape for senior investors; ``(iii) a summary of regulatory initiatives that have concentrated on senior investors and industry practices relating to senior investors; ``(iv) key observations, best practices, and areas needing improvement involving senior investors identified during examinations, enforcement actions, and investor education outreach; ``(v) a summary of the most serious issues encountered by senior investors, including issues involving financial products and services; ``(vi) an analysis with respect to-- ``(I) existing policies and procedures of brokers, dealers, investment advisers, and other market participants relating to senior investors and topics involving senior investors; and ``(II) whether the policies and procedures described in subclause (I) need to be further developed or refined; ``(vii) recommendations for any legislative action, and any changes to the regulations, guidance, and orders of the Commission and self-regulatory organizations, as may be appropriate to resolve problems encountered by senior investors; and ``(viii) any other information, as determined appropriate by the Director of the Taskforce. ``(B) First report.--The first report required under this paragraph may not be submitted until after the Comptroller General of the United States has submitted, and the Taskforce has considered, the report required under section 3 of the National Senior Investor Initiative Act of 2021. ``(C) Electronic copies.--Each report submitted under this paragraph to the Secretary of the Senate and the Clerk of the House of Representatives shall include an electronic version of the report, which any Member of Congress may obtain, upon request to the applicable official. ``(8) Use of existing funds.--The Commission shall carry out this subsection using amounts otherwise made available to the Commission and no additional funds are authorized to be appropriated to carry out this subsection. ``(9) Sunset.--The Taskforce shall terminate on the date that is 10 years after the date of enactment of this subsection.''. SEC. 3. GAO STUDY. (a) Definitions.--In this section-- (1) the term ``senior citizen'' means an individual who is older than 65 years of age; and (2) the term ``Taskforce'' means the Senior Investor Taskforce established under subsection (k) of section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d), as added by section 2 of this Act. (b) Study.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Taskforce the results of a study of financial exploitation of senior citizens. (c) Contents.--The study required under subsection (b) shall include information with respect to-- (1) the economic costs of the financial exploitation of senior citizens, including-- (A) costs associated with losses by victims that were incurred as a result of the financial exploitation of senior citizens; (B) costs incurred by State and Federal agencies, law enforcement and investigatory agencies, public benefit programs, public health programs, and other public programs as a result of the financial exploitation of senior citizens; (C) costs incurred by the private sector as a result of the financial exploitation of senior citizens; and (D) any other relevant costs that-- (i) result from the financial exploitation of senior citizens; and (ii) the Comptroller General of the United States determines are necessary and appropriate to include in order to provide Congress and the public with a full and accurate understanding of the economic costs resulting from the financial exploitation of senior citizens in the United States; (2) the frequency of the financial exploitation of senior citizens and correlated or contributing factors with respect to that exploitation, including information regarding-- (A) the percentage of senior citizens financially exploited each year; and (B) factors that may contribute to an increased risk of exploitation of senior citizens, including race, social isolation, income, net worth, religion, geographic location, occupation, education, home- ownership, illness, and loss of spouse; and (3) policy responses to, and the reporting of, the financial exploitation of senior citizens, including-- (A) the degree to which financial exploitation of senior citizens is not reported to the appropriate authorities; (B) the reasons that financial exploitation of senior citizens may not be reported to the appropriate authorities; (C) to the extent that suspected financial exploitation of senior citizens is reported, information regarding-- (i) which entities receive those reports, including-- (I) Federal, State, and local agencies, including adult protective services agencies and law enforcement agencies; and (II) private sector entities, professional licensing boards, and other regulators; (ii) the specific types of information the entities described in clause (i) collect; (iii) the actions that the entities described in clause (i) take upon the receipt of such a report; and (iv) any limits on the ability of the entities described in clause (i) to prevent that exploitation, such as jurisdictional limits, a lack of expertise, resource challenges, or limiting criteria with respect to the types of victims the agencies are permitted to serve; (D) an analysis of gaps that may exist in empowering Federal, State, and local agencies to-- (i) prevent the financial exploitation of senior citizens; or (ii) respond effectively to the suspected financial exploitation of senior citizens; and (E) an analysis of the legal hurdles that prevent Federal, State, and local agencies from effectively partnering with each other and private professionals to effectively respond to the financial exploitation of senior citizens. <all>

Senior Security Act of 2021

A bill to amend the Securities Exchange Act of 1934 to create an interdivisional taskforce at the Securities and Exchange Commission for senior investors, and for other purposes.

National Senior Investor Initiative Act of 2021 Senior Security Act of 2021

Sen. Sinema, Kyrsten

D

AZ

This bill establishes the Senior Investor Taskforce within the Securities and Exchange Commission. The taskforce must report on topics relating to investors over the age of 65, including industry trends and serious issues impacting such investors, and make recommendations for legislative or regulatory actions to address problems encountered by senior investors. The Government Accountability Office must report on the financial exploitation of senior citizens.

SHORT TITLE. SENIOR INVESTOR TASKFORCE. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. ``(B) Members of the public.-- ``(i) In general.--A member of the public may serve as a member of the Taskforce. ``(5) Minimizing duplication of efforts.--In organizing and staffing the Taskforce, the Chairman shall take such actions as may be necessary to minimize the duplication of efforts within the divisions and offices described in paragraph (4)(A)(ii) and any other divisions, offices, or taskforces of the Commission. ``(7) Report.-- ``(A) In general.--Subject to subparagraphs (B) and (C), the Taskforce, in coordination, as appropriate, with the Office of the Investor Advocate and self- regulatory organizations, and in consultation, as appropriate, with State securities and law enforcement authorities, State insurance regulators, and Federal agencies, shall submit to the Secretary of the Senate, the Clerk of the House of Representatives, and the appropriate committees of Congress a biennial report containing-- ``(i) appropriate statistical information and full and substantive analysis; ``(ii) a summary of recent trends and innovations that have impacted the investment landscape for senior investors; ``(iii) a summary of regulatory initiatives that have concentrated on senior investors and industry practices relating to senior investors; ``(iv) key observations, best practices, and areas needing improvement involving senior investors identified during examinations, enforcement actions, and investor education outreach; ``(v) a summary of the most serious issues encountered by senior investors, including issues involving financial products and services; ``(vi) an analysis with respect to-- ``(I) existing policies and procedures of brokers, dealers, investment advisers, and other market participants relating to senior investors and topics involving senior investors; and ``(II) whether the policies and procedures described in subclause (I) need to be further developed or refined; ``(vii) recommendations for any legislative action, and any changes to the regulations, guidance, and orders of the Commission and self-regulatory organizations, as may be appropriate to resolve problems encountered by senior investors; and ``(viii) any other information, as determined appropriate by the Director of the Taskforce. ``(8) Use of existing funds.--The Commission shall carry out this subsection using amounts otherwise made available to the Commission and no additional funds are authorized to be appropriated to carry out this subsection. SEC. 3. (a) Definitions.--In this section-- (1) the term ``senior citizen'' means an individual who is older than 65 years of age; and (2) the term ``Taskforce'' means the Senior Investor Taskforce established under subsection (k) of section 4 of the Securities Exchange Act of 1934 (15 U.S.C. (b) Study.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Taskforce the results of a study of financial exploitation of senior citizens.

SENIOR INVESTOR TASKFORCE. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. ``(B) Members of the public.-- ``(i) In general.--A member of the public may serve as a member of the Taskforce. ``(5) Minimizing duplication of efforts.--In organizing and staffing the Taskforce, the Chairman shall take such actions as may be necessary to minimize the duplication of efforts within the divisions and offices described in paragraph (4)(A)(ii) and any other divisions, offices, or taskforces of the Commission. ``(8) Use of existing funds.--The Commission shall carry out this subsection using amounts otherwise made available to the Commission and no additional funds are authorized to be appropriated to carry out this subsection. 3. (b) Study.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Taskforce the results of a study of financial exploitation of senior citizens.

SHORT TITLE. SENIOR INVESTOR TASKFORCE. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. ``(B) Members of the public.-- ``(i) In general.--A member of the public may serve as a member of the Taskforce. ``(5) Minimizing duplication of efforts.--In organizing and staffing the Taskforce, the Chairman shall take such actions as may be necessary to minimize the duplication of efforts within the divisions and offices described in paragraph (4)(A)(ii) and any other divisions, offices, or taskforces of the Commission. ``(7) Report.-- ``(A) In general.--Subject to subparagraphs (B) and (C), the Taskforce, in coordination, as appropriate, with the Office of the Investor Advocate and self- regulatory organizations, and in consultation, as appropriate, with State securities and law enforcement authorities, State insurance regulators, and Federal agencies, shall submit to the Secretary of the Senate, the Clerk of the House of Representatives, and the appropriate committees of Congress a biennial report containing-- ``(i) appropriate statistical information and full and substantive analysis; ``(ii) a summary of recent trends and innovations that have impacted the investment landscape for senior investors; ``(iii) a summary of regulatory initiatives that have concentrated on senior investors and industry practices relating to senior investors; ``(iv) key observations, best practices, and areas needing improvement involving senior investors identified during examinations, enforcement actions, and investor education outreach; ``(v) a summary of the most serious issues encountered by senior investors, including issues involving financial products and services; ``(vi) an analysis with respect to-- ``(I) existing policies and procedures of brokers, dealers, investment advisers, and other market participants relating to senior investors and topics involving senior investors; and ``(II) whether the policies and procedures described in subclause (I) need to be further developed or refined; ``(vii) recommendations for any legislative action, and any changes to the regulations, guidance, and orders of the Commission and self-regulatory organizations, as may be appropriate to resolve problems encountered by senior investors; and ``(viii) any other information, as determined appropriate by the Director of the Taskforce. ``(8) Use of existing funds.--The Commission shall carry out this subsection using amounts otherwise made available to the Commission and no additional funds are authorized to be appropriated to carry out this subsection. SEC. 3. (a) Definitions.--In this section-- (1) the term ``senior citizen'' means an individual who is older than 65 years of age; and (2) the term ``Taskforce'' means the Senior Investor Taskforce established under subsection (k) of section 4 of the Securities Exchange Act of 1934 (15 U.S.C. (b) Study.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Taskforce the results of a study of financial exploitation of senior citizens.

SHORT TITLE. SENIOR INVESTOR TASKFORCE. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. ``(B) Members of the public.-- ``(i) In general.--A member of the public may serve as a member of the Taskforce. ``(5) Minimizing duplication of efforts.--In organizing and staffing the Taskforce, the Chairman shall take such actions as may be necessary to minimize the duplication of efforts within the divisions and offices described in paragraph (4)(A)(ii) and any other divisions, offices, or taskforces of the Commission. ``(7) Report.-- ``(A) In general.--Subject to subparagraphs (B) and (C), the Taskforce, in coordination, as appropriate, with the Office of the Investor Advocate and self- regulatory organizations, and in consultation, as appropriate, with State securities and law enforcement authorities, State insurance regulators, and Federal agencies, shall submit to the Secretary of the Senate, the Clerk of the House of Representatives, and the appropriate committees of Congress a biennial report containing-- ``(i) appropriate statistical information and full and substantive analysis; ``(ii) a summary of recent trends and innovations that have impacted the investment landscape for senior investors; ``(iii) a summary of regulatory initiatives that have concentrated on senior investors and industry practices relating to senior investors; ``(iv) key observations, best practices, and areas needing improvement involving senior investors identified during examinations, enforcement actions, and investor education outreach; ``(v) a summary of the most serious issues encountered by senior investors, including issues involving financial products and services; ``(vi) an analysis with respect to-- ``(I) existing policies and procedures of brokers, dealers, investment advisers, and other market participants relating to senior investors and topics involving senior investors; and ``(II) whether the policies and procedures described in subclause (I) need to be further developed or refined; ``(vii) recommendations for any legislative action, and any changes to the regulations, guidance, and orders of the Commission and self-regulatory organizations, as may be appropriate to resolve problems encountered by senior investors; and ``(viii) any other information, as determined appropriate by the Director of the Taskforce. ``(8) Use of existing funds.--The Commission shall carry out this subsection using amounts otherwise made available to the Commission and no additional funds are authorized to be appropriated to carry out this subsection. SEC. 3. (a) Definitions.--In this section-- (1) the term ``senior citizen'' means an individual who is older than 65 years of age; and (2) the term ``Taskforce'' means the Senior Investor Taskforce established under subsection (k) of section 4 of the Securities Exchange Act of 1934 (15 U.S.C. (b) Study.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Taskforce the results of a study of financial exploitation of senior citizens. (c) Contents.--The study required under subsection (b) shall include information with respect to-- (1) the economic costs of the financial exploitation of senior citizens, including-- (A) costs associated with losses by victims that were incurred as a result of the financial exploitation of senior citizens; (B) costs incurred by State and Federal agencies, law enforcement and investigatory agencies, public benefit programs, public health programs, and other public programs as a result of the financial exploitation of senior citizens; (C) costs incurred by the private sector as a result of the financial exploitation of senior citizens; and (D) any other relevant costs that-- (i) result from the financial exploitation of senior citizens; and (ii) the Comptroller General of the United States determines are necessary and appropriate to include in order to provide Congress and the public with a full and accurate understanding of the economic costs resulting from the financial exploitation of senior citizens in the United States; (2) the frequency of the financial exploitation of senior citizens and correlated or contributing factors with respect to that exploitation, including information regarding-- (A) the percentage of senior citizens financially exploited each year; and (B) factors that may contribute to an increased risk of exploitation of senior citizens, including race, social isolation, income, net worth, religion, geographic location, occupation, education, home- ownership, illness, and loss of spouse; and (3) policy responses to, and the reporting of, the financial exploitation of senior citizens, including-- (A) the degree to which financial exploitation of senior citizens is not reported to the appropriate authorities; (B) the reasons that financial exploitation of senior citizens may not be reported to the appropriate authorities; (C) to the extent that suspected financial exploitation of senior citizens is reported, information regarding-- (i) which entities receive those reports, including-- (I) Federal, State, and local agencies, including adult protective services agencies and law enforcement agencies; and (II) private sector entities, professional licensing boards, and other regulators; (ii) the specific types of information the entities described in clause (i) collect; (iii) the actions that the entities described in clause (i) take upon the receipt of such a report; and (iv) any limits on the ability of the entities described in clause (i) to prevent that exploitation, such as jurisdictional limits, a lack of expertise, resource challenges, or limiting criteria with respect to the types of victims the agencies are permitted to serve; (D) an analysis of gaps that may exist in empowering Federal, State, and local agencies to-- (i) prevent the financial exploitation of senior citizens; or (ii) respond effectively to the suspected financial exploitation of senior citizens; and (E) an analysis of the legal hurdles that prevent Federal, State, and local agencies from effectively partnering with each other and private professionals to effectively respond to the financial exploitation of senior citizens.

To amend the Securities Exchange Act of 1934 to create an interdivisional taskforce at the Securities and Exchange Commission for senior investors, and for other purposes. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following: ``(k) Senior Investor Taskforce.-- ``(1) Definitions.--In this subsection-- ``(A) the term `appropriate committees of Congress' means-- ``(i) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(ii) the Special Committee on Aging of the Senate; and ``(iii) the Committee on Financial Services of the House of Representatives; and ``(B) the term `senior investor' means an investor who is older than 65 years of age. ``(4) Staffing.-- ``(A) In general.--The Chairman shall ensure that-- ``(i) the Taskforce is staffed sufficiently to carry out fully the requirements of this subsection; and ``(ii) the staff described in clause (i) includes individuals from the Division of Enforcement, the Office of Compliance Inspections and Examinations, and the Office of Investor Education and Advocacy. ``(5) Minimizing duplication of efforts.--In organizing and staffing the Taskforce, the Chairman shall take such actions as may be necessary to minimize the duplication of efforts within the divisions and offices described in paragraph (4)(A)(ii) and any other divisions, offices, or taskforces of the Commission. ``(B) First report.--The first report required under this paragraph may not be submitted until after the Comptroller General of the United States has submitted, and the Taskforce has considered, the report required under section 3 of the National Senior Investor Initiative Act of 2021. b) Study.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Taskforce the results of a study of financial exploitation of senior citizens.

To amend the Securities Exchange Act of 1934 to create an interdivisional taskforce at the Securities and Exchange Commission for senior investors, and for other purposes. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following: ``(k) Senior Investor Taskforce.-- ``(1) Definitions.--In this subsection-- ``(A) the term `appropriate committees of Congress' means-- ``(i) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(ii) the Special Committee on Aging of the Senate; and ``(iii) the Committee on Financial Services of the House of Representatives; and ``(B) the term `senior investor' means an investor who is older than 65 years of age. ``(ii) Travel expenses.--The Chairman shall provide to any member of the public serving as a member of the Taskforce travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Taskforce. ``(C) Federal employees.--A member of the Taskforce who is an employee of any agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government shall receive no additional compensation for performing the duties of the member with respect to the Taskforce. ``(B) First report.--The first report required under this paragraph may not be submitted until after the Comptroller General of the United States has submitted, and the Taskforce has considered, the report required under section 3 of the National Senior Investor Initiative Act of 2021. ``(C) Electronic copies.--Each report submitted under this paragraph to the Secretary of the Senate and the Clerk of the House of Representatives shall include an electronic version of the report, which any Member of Congress may obtain, upon request to the applicable official. ``(9) Sunset.--The Taskforce shall terminate on the date that is 10 years after the date of enactment of this subsection.''. a) Definitions.--In this section-- (1) the term ``senior citizen'' means an individual who is older than 65 years of age; and (2) the term ``Taskforce'' means the Senior Investor Taskforce established under subsection (k) of section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d), as added by section 2 of this Act. (

To amend the Securities Exchange Act of 1934 to create an interdivisional taskforce at the Securities and Exchange Commission for senior investors, and for other purposes. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following: ``(k) Senior Investor Taskforce.-- ``(1) Definitions.--In this subsection-- ``(A) the term `appropriate committees of Congress' means-- ``(i) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(ii) the Special Committee on Aging of the Senate; and ``(iii) the Committee on Financial Services of the House of Representatives; and ``(B) the term `senior investor' means an investor who is older than 65 years of age. ``(ii) Travel expenses.--The Chairman shall provide to any member of the public serving as a member of the Taskforce travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Taskforce. ``(C) Federal employees.--A member of the Taskforce who is an employee of any agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government shall receive no additional compensation for performing the duties of the member with respect to the Taskforce. ``(B) First report.--The first report required under this paragraph may not be submitted until after the Comptroller General of the United States has submitted, and the Taskforce has considered, the report required under section 3 of the National Senior Investor Initiative Act of 2021. ``(C) Electronic copies.--Each report submitted under this paragraph to the Secretary of the Senate and the Clerk of the House of Representatives shall include an electronic version of the report, which any Member of Congress may obtain, upon request to the applicable official. ``(9) Sunset.--The Taskforce shall terminate on the date that is 10 years after the date of enactment of this subsection.''. a) Definitions.--In this section-- (1) the term ``senior citizen'' means an individual who is older than 65 years of age; and (2) the term ``Taskforce'' means the Senior Investor Taskforce established under subsection (k) of section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d), as added by section 2 of this Act. (

To amend the Securities Exchange Act of 1934 to create an interdivisional taskforce at the Securities and Exchange Commission for senior investors, and for other purposes. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following: ``(k) Senior Investor Taskforce.-- ``(1) Definitions.--In this subsection-- ``(A) the term `appropriate committees of Congress' means-- ``(i) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(ii) the Special Committee on Aging of the Senate; and ``(iii) the Committee on Financial Services of the House of Representatives; and ``(B) the term `senior investor' means an investor who is older than 65 years of age. ``(4) Staffing.-- ``(A) In general.--The Chairman shall ensure that-- ``(i) the Taskforce is staffed sufficiently to carry out fully the requirements of this subsection; and ``(ii) the staff described in clause (i) includes individuals from the Division of Enforcement, the Office of Compliance Inspections and Examinations, and the Office of Investor Education and Advocacy. ``(5) Minimizing duplication of efforts.--In organizing and staffing the Taskforce, the Chairman shall take such actions as may be necessary to minimize the duplication of efforts within the divisions and offices described in paragraph (4)(A)(ii) and any other divisions, offices, or taskforces of the Commission. ``(B) First report.--The first report required under this paragraph may not be submitted until after the Comptroller General of the United States has submitted, and the Taskforce has considered, the report required under section 3 of the National Senior Investor Initiative Act of 2021. b) Study.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Taskforce the results of a study of financial exploitation of senior citizens.

To amend the Securities Exchange Act of 1934 to create an interdivisional taskforce at the Securities and Exchange Commission for senior investors, and for other purposes. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following: ``(k) Senior Investor Taskforce.-- ``(1) Definitions.--In this subsection-- ``(A) the term `appropriate committees of Congress' means-- ``(i) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(ii) the Special Committee on Aging of the Senate; and ``(iii) the Committee on Financial Services of the House of Representatives; and ``(B) the term `senior investor' means an investor who is older than 65 years of age. ``(ii) Travel expenses.--The Chairman shall provide to any member of the public serving as a member of the Taskforce travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Taskforce. ``(C) Federal employees.--A member of the Taskforce who is an employee of any agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government shall receive no additional compensation for performing the duties of the member with respect to the Taskforce. ``(B) First report.--The first report required under this paragraph may not be submitted until after the Comptroller General of the United States has submitted, and the Taskforce has considered, the report required under section 3 of the National Senior Investor Initiative Act of 2021. ``(C) Electronic copies.--Each report submitted under this paragraph to the Secretary of the Senate and the Clerk of the House of Representatives shall include an electronic version of the report, which any Member of Congress may obtain, upon request to the applicable official. ``(9) Sunset.--The Taskforce shall terminate on the date that is 10 years after the date of enactment of this subsection.''. a) Definitions.--In this section-- (1) the term ``senior citizen'' means an individual who is older than 65 years of age; and (2) the term ``Taskforce'' means the Senior Investor Taskforce established under subsection (k) of section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d), as added by section 2 of this Act. (

To amend the Securities Exchange Act of 1934 to create an interdivisional taskforce at the Securities and Exchange Commission for senior investors, and for other purposes. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following: ``(k) Senior Investor Taskforce.-- ``(1) Definitions.--In this subsection-- ``(A) the term `appropriate committees of Congress' means-- ``(i) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(ii) the Special Committee on Aging of the Senate; and ``(iii) the Committee on Financial Services of the House of Representatives; and ``(B) the term `senior investor' means an investor who is older than 65 years of age. ``(4) Staffing.-- ``(A) In general.--The Chairman shall ensure that-- ``(i) the Taskforce is staffed sufficiently to carry out fully the requirements of this subsection; and ``(ii) the staff described in clause (i) includes individuals from the Division of Enforcement, the Office of Compliance Inspections and Examinations, and the Office of Investor Education and Advocacy. ``(5) Minimizing duplication of efforts.--In organizing and staffing the Taskforce, the Chairman shall take such actions as may be necessary to minimize the duplication of efforts within the divisions and offices described in paragraph (4)(A)(ii) and any other divisions, offices, or taskforces of the Commission. ``(B) First report.--The first report required under this paragraph may not be submitted until after the Comptroller General of the United States has submitted, and the Taskforce has considered, the report required under section 3 of the National Senior Investor Initiative Act of 2021. b) Study.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Taskforce the results of a study of financial exploitation of senior citizens.

To amend the Securities Exchange Act of 1934 to create an interdivisional taskforce at the Securities and Exchange Commission for senior investors, and for other purposes. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following: ``(k) Senior Investor Taskforce.-- ``(1) Definitions.--In this subsection-- ``(A) the term `appropriate committees of Congress' means-- ``(i) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(ii) the Special Committee on Aging of the Senate; and ``(iii) the Committee on Financial Services of the House of Representatives; and ``(B) the term `senior investor' means an investor who is older than 65 years of age. ``(ii) Travel expenses.--The Chairman shall provide to any member of the public serving as a member of the Taskforce travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Taskforce. ``(C) Federal employees.--A member of the Taskforce who is an employee of any agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government shall receive no additional compensation for performing the duties of the member with respect to the Taskforce. ``(B) First report.--The first report required under this paragraph may not be submitted until after the Comptroller General of the United States has submitted, and the Taskforce has considered, the report required under section 3 of the National Senior Investor Initiative Act of 2021. ``(C) Electronic copies.--Each report submitted under this paragraph to the Secretary of the Senate and the Clerk of the House of Representatives shall include an electronic version of the report, which any Member of Congress may obtain, upon request to the applicable official. ``(9) Sunset.--The Taskforce shall terminate on the date that is 10 years after the date of enactment of this subsection.''. a) Definitions.--In this section-- (1) the term ``senior citizen'' means an individual who is older than 65 years of age; and (2) the term ``Taskforce'' means the Senior Investor Taskforce established under subsection (k) of section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d), as added by section 2 of this Act. (

To amend the Securities Exchange Act of 1934 to create an interdivisional taskforce at the Securities and Exchange Commission for senior investors, and for other purposes. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following: ``(k) Senior Investor Taskforce.-- ``(1) Definitions.--In this subsection-- ``(A) the term `appropriate committees of Congress' means-- ``(i) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(ii) the Special Committee on Aging of the Senate; and ``(iii) the Committee on Financial Services of the House of Representatives; and ``(B) the term `senior investor' means an investor who is older than 65 years of age. ``(4) Staffing.-- ``(A) In general.--The Chairman shall ensure that-- ``(i) the Taskforce is staffed sufficiently to carry out fully the requirements of this subsection; and ``(ii) the staff described in clause (i) includes individuals from the Division of Enforcement, the Office of Compliance Inspections and Examinations, and the Office of Investor Education and Advocacy. ``(5) Minimizing duplication of efforts.--In organizing and staffing the Taskforce, the Chairman shall take such actions as may be necessary to minimize the duplication of efforts within the divisions and offices described in paragraph (4)(A)(ii) and any other divisions, offices, or taskforces of the Commission. ``(B) First report.--The first report required under this paragraph may not be submitted until after the Comptroller General of the United States has submitted, and the Taskforce has considered, the report required under section 3 of the National Senior Investor Initiative Act of 2021. b) Study.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Taskforce the results of a study of financial exploitation of senior citizens.

To amend the Securities Exchange Act of 1934 to create an interdivisional taskforce at the Securities and Exchange Commission for senior investors, and for other purposes. ``(C) Electronic copies.--Each report submitted under this paragraph to the Secretary of the Senate and the Clerk of the House of Representatives shall include an electronic version of the report, which any Member of Congress may obtain, upon request to the applicable official. a) Definitions.--In this section-- (1) the term ``senior citizen'' means an individual who is older than 65 years of age; and (2) the term ``Taskforce'' means the Senior Investor Taskforce established under subsection (k) of section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d), as added by section 2 of this Act. (

To amend the Securities Exchange Act of 1934 to create an interdivisional taskforce at the Securities and Exchange Commission for senior investors, and for other purposes. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following: ``(k) Senior Investor Taskforce.-- ``(1) Definitions.--In this subsection-- ``(A) the term `appropriate committees of Congress' means-- ``(i) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(ii) the Special Committee on Aging of the Senate; and ``(iii) the Committee on Financial Services of the House of Representatives; and ``(B) the term `senior investor' means an investor who is older than 65 years of age. ``(4) Staffing.-- ``(A) In general.--The Chairman shall ensure that-- ``(i) the Taskforce is staffed sufficiently to carry out fully the requirements of this subsection; and ``(ii) the staff described in clause (i) includes individuals from the Division of Enforcement, the Office of Compliance Inspections and Examinations, and the Office of Investor Education and Advocacy. ``(5) Minimizing duplication of efforts.--In organizing and staffing the Taskforce, the Chairman shall take such actions as may be necessary to minimize the duplication of efforts within the divisions and offices described in paragraph (4)(A)(ii) and any other divisions, offices, or taskforces of the Commission. ``(B) First report.--The first report required under this paragraph may not be submitted until after the Comptroller General of the United States has submitted, and the Taskforce has considered, the report required under section 3 of the National Senior Investor Initiative Act of 2021. b) Study.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Taskforce the results of a study of financial exploitation of senior citizens.

National Senior Investor Initiative Act of 2021 or the Senior Security Act of 2020 - Amends the Securities Exchange Act of 1934 to establish within the Securities and Exchange Commission (SEC) the Senior Investor Taskforce to: (1) identify challenges that senior investors encounter, including problems associated with financial exploitation and cognitive decline; (2) identify areas in which senior investors would benefit from changes in SEC Directs the Comptroller General to submit to Congress and the Senior Investor Taskforce the results of a study of financial exploitation of senior citizens. (Sec. 2) Requires the study to include information with respect to: (1) the economic costs of the financial exploitation, including losses by victims that were incurred as a result of such exploitation; (2) costs incurred by State and Federal

S.4280

Environmental Protection

Federal Carbon Dioxide Removal Leadership Act of 2022 This bill requires the Department of Energy to remove and permanently store, as is economically feasible, specified amounts of carbon dioxide on a specified schedule, culminating in 10 million net metric tons of carbon dioxide removal for FY2035 and each fiscal year thereafter.

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Carbon Dioxide Removal Leadership Act of 2022''. SEC. 2. FEDERAL REQUIREMENT TO REMOVE CARBON DIOXIDE. (a) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, as determined appropriate by the Secretary, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater. (B) Exclusion.--The term ``eligible technology'' does not include any equipment, technique, or technology that-- (i) removes carbon dioxide that is deliberately released from naturally occurring subsurface springs; or (ii) removes carbon dioxide through natural photosynthesis, subject to subparagraph (C). (C) Other eligible technology.-- (i) In general.--Notwithstanding subparagraph (B)(ii), the term ``eligible technology'', with respect to a project for the removal of carbon dioxide carried out by an entity with which the Secretary enters into a contract under subsection (c), includes any equipment, technique, or technology used in the project that removes carbon dioxide using gasification or pyrolysis of solid, nonhazardous, and cellulosic waste materials if the Secretary, by rule, determines that the equipment, technique, or technology, as applicable, is capable of-- (I) adequately monitoring, reporting, and verifying the amount of greenhouse gas emissions (calculated on a lifecycle basis) that are associated with the equipment, technique, or technology; and (II) adequately mitigating the environmental impacts (including impacts on biodiversity, land use, and air and water quality) associated with the equipment, technique, or technology. (ii) Rule.--The Secretary shall review any rule promulgated pursuant to clause (i) not less frequently than once every 6 years after the date on which the rule is promulgated. (2) Lifecycle basis.--The term ``lifecycle basis'' means the net sum of all greenhouse gas emissions (using mass values for all greenhouse gases that are adjusted to account for their relative global warming potential, in consultation with the Administrator of the Environmental Protection Agency) and removals associated with carbon dioxide removal activity, including any emissions associated with-- (A) energy and feedstock inputs; (B) the carbon dioxide removal process; and (C) carbon dioxide storage, including use and disposal of any materials or products associated with carbon dioxide storage. (3) Remove.--The term ``remove'', with respect to carbon dioxide, means-- (A) to capture carbon dioxide using an eligible technology; and (B) to permanently store that captured carbon dioxide-- (i) in dedicated subsurface geologic storage reported under sections 98.440 and 146.91(e) of title 40, Code of Federal Regulations (or successor regulations); (ii) in materials, including building materials and mineralized carbon materials; or (iii) through another permanent storage method, as determined by the Secretary. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (5) Small removal project.--The term ``small removal project'' means a project for the removal of carbon dioxide that removes not more than 5 percent of the net metric tons of carbon dioxide required to be removed under subsection (b)(1) for the fiscal year in which the project begins. (b) Removal Requirement.-- (1) Amounts.--The Secretary shall, if economically feasible as determined under paragraph (2), remove-- (A) 50,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2024 and 2025; (B) 500,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2026 through 2028; (C) 5,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2029 through 2034; and (D) 10,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for fiscal year 2035 and each fiscal year thereafter. (2) Economic feasibility.-- (A) In general.--The removal of carbon dioxide under paragraph (1) shall be considered economically feasible if the removal can be accomplished, or in the case of a contract under subsection (c), purchased-- (i) for each of fiscal years 2024 and 2025, at a price per metric ton of carbon dioxide of not more than $550; (ii) for each of fiscal years 2026 through 2028, at a price per metric ton of carbon dioxide of not more than $400; (iii) for each of fiscal years 2029 through 2031, at a price per metric ton of carbon dioxide of not more than $300; (iv) for each of fiscal years 2032 through 2034, at a price per metric ton of carbon dioxide of not more than $200; and (v) for fiscal year 2035 and each fiscal year thereafter, at a price per metric ton of carbon dioxide of not more than $150. (B) Inclusion of monitoring, reporting, and verification costs.--For purposes of subparagraph (A), the price per metric ton of carbon dioxide shall include any costs associated with the monitoring, reporting, and verification required under subsection (d). (C) Multiyear contracts.--The removal of carbon dioxide carried out pursuant to a multiyear contract entered into under subsection (c) shall be considered economically feasible if such removal can be accomplished at the applicable dollar amount for the first fiscal year of the contract, as provided in subparagraph (A), through the entire length of the contract. (3) Timing.--For each fiscal year, the Secretary shall remove the amount of carbon dioxide required under paragraph (1) for that fiscal year not later than 3 years after the beginning of that fiscal year. (4) Small removal project set-aside.--To the extent practicable, at least 20 percent of the net metric tons of carbon dioxide required to be removed under paragraph (1) for each of fiscal years 2024 through 2034 shall be removed through small removal projects. (c) Contracts for Projects To Remove Carbon Dioxide.-- (1) In general.--To meet the requirements of subsection (b), the Secretary may enter into contracts to carry out projects for the removal of carbon dioxide, including small removal projects. (2) Duration.--A contract entered into under paragraph (1) shall be for a term of not more than 15 years. (3) Priorities.--In entering into contracts under paragraph (1), the Secretary shall give priority to contracts for projects that-- (A) minimize the amount of greenhouse gas emissions released by carrying out the project; (B) support the commercialization of innovative removal technologies; (C) increase the diversity of commercially available eligible technologies; (D) provide the greatest potential for domestic job creation; (E) result in economic development or economic diversification in regions or localities that have historically generated significant economic activity from the production, processing, transportation, or combustion of fossil fuels, including through the use of coal mines, fossil fuel-fired electricity generating units, and petroleum refining facilities; (F) quantify and mitigate the effect of removing carbon dioxide on environmental justice, the environment, and public health; and (G) include robust public engagement and community benefits. (d) Monitoring, Reporting, and Verification.-- (1) In general.--The Secretary, or an entity with which the Secretary enters into a contract under subsection (c), shall monitor, report, and verify the net metric tons of carbon dioxide that the Secretary or the entity, as applicable, removes for purposes of this section. (2) Best practices.--The Secretary shall ensure that any project carried out under a contract entered into under subsection (c) shall follow the best available practices, as determined by the Secretary, for monitoring, reporting, and verifying the net metric tons of carbon dioxide removed under the project, including best practices that-- (A) are used by similar carbon dioxide removal projects; and (B) are necessary to ensure safe, effective, and efficient removal of carbon dioxide. (3) Prohibition on double counting.--Carbon dioxide that is removed for the purpose of complying with any other greenhouse gas emissions management program, including any foreign, Federal, State, local, or private greenhouse gas emissions management program, as determined by the Secretary, may not be considered removed under subsection (b) for purposes of meeting the requirements of that subsection. (e) Federal Assistance.--Funds received pursuant to a contract entered into under subsection (c) shall not be considered Federal assistance or otherwise affect eligibility for any Federal assistance, including a tax incentive. (f) Report.--Not later than January 1, 2027, and every 2 years thereafter, the Secretary shall submit to Congress, and make publicly available, a report that describes the progress made in carrying out the requirements of this section, including-- (1) the amounts of carbon dioxide removed during the period covered by the report, as verified pursuant to subsection (d); (2) the total price, and price per metric ton, of removing carbon dioxide for each applicable fiscal year during the period covered by the report; (3) the methods of monitoring, reporting, and verification required under subsection (d); (4) an assessment, to the extent practicable, of how the amounts of carbon dioxide removed during the period covered by the report have affected environmental justice, the environment, and public health; and (5) information on any labor impact or job creation resulting from carrying out the requirements of this section during the period covered by the report. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. <all>

Federal Carbon Dioxide Removal Leadership Act of 2022

A bill to require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes.

Federal Carbon Dioxide Removal Leadership Act of 2022

Sen. Coons, Christopher A.

D

DE

This bill requires the Department of Energy to remove and permanently store, as is economically feasible, specified amounts of carbon dioxide on a specified schedule, culminating in 10 million net metric tons of carbon dioxide removal for FY2035 and each fiscal year thereafter.

SHORT TITLE. 2. FEDERAL REQUIREMENT TO REMOVE CARBON DIOXIDE. (a) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, as determined appropriate by the Secretary, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater. (ii) Rule.--The Secretary shall review any rule promulgated pursuant to clause (i) not less frequently than once every 6 years after the date on which the rule is promulgated. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Removal Requirement.-- (1) Amounts.--The Secretary shall, if economically feasible as determined under paragraph (2), remove-- (A) 50,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2024 and 2025; (B) 500,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2026 through 2028; (C) 5,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2029 through 2034; and (D) 10,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for fiscal year 2035 and each fiscal year thereafter. (B) Inclusion of monitoring, reporting, and verification costs.--For purposes of subparagraph (A), the price per metric ton of carbon dioxide shall include any costs associated with the monitoring, reporting, and verification required under subsection (d). (3) Timing.--For each fiscal year, the Secretary shall remove the amount of carbon dioxide required under paragraph (1) for that fiscal year not later than 3 years after the beginning of that fiscal year. (c) Contracts for Projects To Remove Carbon Dioxide.-- (1) In general.--To meet the requirements of subsection (b), the Secretary may enter into contracts to carry out projects for the removal of carbon dioxide, including small removal projects. (3) Prohibition on double counting.--Carbon dioxide that is removed for the purpose of complying with any other greenhouse gas emissions management program, including any foreign, Federal, State, local, or private greenhouse gas emissions management program, as determined by the Secretary, may not be considered removed under subsection (b) for purposes of meeting the requirements of that subsection.

SHORT TITLE. 2. FEDERAL REQUIREMENT TO REMOVE CARBON DIOXIDE. (a) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, as determined appropriate by the Secretary, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater. (ii) Rule.--The Secretary shall review any rule promulgated pursuant to clause (i) not less frequently than once every 6 years after the date on which the rule is promulgated. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Removal Requirement.-- (1) Amounts.--The Secretary shall, if economically feasible as determined under paragraph (2), remove-- (A) 50,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2024 and 2025; (B) 500,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2026 through 2028; (C) 5,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2029 through 2034; and (D) 10,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for fiscal year 2035 and each fiscal year thereafter. (B) Inclusion of monitoring, reporting, and verification costs.--For purposes of subparagraph (A), the price per metric ton of carbon dioxide shall include any costs associated with the monitoring, reporting, and verification required under subsection (d). (3) Timing.--For each fiscal year, the Secretary shall remove the amount of carbon dioxide required under paragraph (1) for that fiscal year not later than 3 years after the beginning of that fiscal year. (c) Contracts for Projects To Remove Carbon Dioxide.-- (1) In general.--To meet the requirements of subsection (b), the Secretary may enter into contracts to carry out projects for the removal of carbon dioxide, including small removal projects. (3) Prohibition on double counting.--Carbon dioxide that is removed for the purpose of complying with any other greenhouse gas emissions management program, including any foreign, Federal, State, local, or private greenhouse gas emissions management program, as determined by the Secretary, may not be considered removed under subsection (b) for purposes of meeting the requirements of that subsection.

SHORT TITLE. SEC. 2. FEDERAL REQUIREMENT TO REMOVE CARBON DIOXIDE. (a) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, as determined appropriate by the Secretary, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater. (ii) Rule.--The Secretary shall review any rule promulgated pursuant to clause (i) not less frequently than once every 6 years after the date on which the rule is promulgated. (3) Remove.--The term ``remove'', with respect to carbon dioxide, means-- (A) to capture carbon dioxide using an eligible technology; and (B) to permanently store that captured carbon dioxide-- (i) in dedicated subsurface geologic storage reported under sections 98.440 and 146.91(e) of title 40, Code of Federal Regulations (or successor regulations); (ii) in materials, including building materials and mineralized carbon materials; or (iii) through another permanent storage method, as determined by the Secretary. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Removal Requirement.-- (1) Amounts.--The Secretary shall, if economically feasible as determined under paragraph (2), remove-- (A) 50,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2024 and 2025; (B) 500,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2026 through 2028; (C) 5,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2029 through 2034; and (D) 10,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for fiscal year 2035 and each fiscal year thereafter. (B) Inclusion of monitoring, reporting, and verification costs.--For purposes of subparagraph (A), the price per metric ton of carbon dioxide shall include any costs associated with the monitoring, reporting, and verification required under subsection (d). (3) Timing.--For each fiscal year, the Secretary shall remove the amount of carbon dioxide required under paragraph (1) for that fiscal year not later than 3 years after the beginning of that fiscal year. (c) Contracts for Projects To Remove Carbon Dioxide.-- (1) In general.--To meet the requirements of subsection (b), the Secretary may enter into contracts to carry out projects for the removal of carbon dioxide, including small removal projects. (3) Prohibition on double counting.--Carbon dioxide that is removed for the purpose of complying with any other greenhouse gas emissions management program, including any foreign, Federal, State, local, or private greenhouse gas emissions management program, as determined by the Secretary, may not be considered removed under subsection (b) for purposes of meeting the requirements of that subsection. (e) Federal Assistance.--Funds received pursuant to a contract entered into under subsection (c) shall not be considered Federal assistance or otherwise affect eligibility for any Federal assistance, including a tax incentive. (f) Report.--Not later than January 1, 2027, and every 2 years thereafter, the Secretary shall submit to Congress, and make publicly available, a report that describes the progress made in carrying out the requirements of this section, including-- (1) the amounts of carbon dioxide removed during the period covered by the report, as verified pursuant to subsection (d); (2) the total price, and price per metric ton, of removing carbon dioxide for each applicable fiscal year during the period covered by the report; (3) the methods of monitoring, reporting, and verification required under subsection (d); (4) an assessment, to the extent practicable, of how the amounts of carbon dioxide removed during the period covered by the report have affected environmental justice, the environment, and public health; and (5) information on any labor impact or job creation resulting from carrying out the requirements of this section during the period covered by the report. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Carbon Dioxide Removal Leadership Act of 2022''. SEC. 2. FEDERAL REQUIREMENT TO REMOVE CARBON DIOXIDE. (a) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, as determined appropriate by the Secretary, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater. (ii) Rule.--The Secretary shall review any rule promulgated pursuant to clause (i) not less frequently than once every 6 years after the date on which the rule is promulgated. (3) Remove.--The term ``remove'', with respect to carbon dioxide, means-- (A) to capture carbon dioxide using an eligible technology; and (B) to permanently store that captured carbon dioxide-- (i) in dedicated subsurface geologic storage reported under sections 98.440 and 146.91(e) of title 40, Code of Federal Regulations (or successor regulations); (ii) in materials, including building materials and mineralized carbon materials; or (iii) through another permanent storage method, as determined by the Secretary. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Removal Requirement.-- (1) Amounts.--The Secretary shall, if economically feasible as determined under paragraph (2), remove-- (A) 50,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2024 and 2025; (B) 500,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2026 through 2028; (C) 5,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2029 through 2034; and (D) 10,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for fiscal year 2035 and each fiscal year thereafter. (B) Inclusion of monitoring, reporting, and verification costs.--For purposes of subparagraph (A), the price per metric ton of carbon dioxide shall include any costs associated with the monitoring, reporting, and verification required under subsection (d). (C) Multiyear contracts.--The removal of carbon dioxide carried out pursuant to a multiyear contract entered into under subsection (c) shall be considered economically feasible if such removal can be accomplished at the applicable dollar amount for the first fiscal year of the contract, as provided in subparagraph (A), through the entire length of the contract. (3) Timing.--For each fiscal year, the Secretary shall remove the amount of carbon dioxide required under paragraph (1) for that fiscal year not later than 3 years after the beginning of that fiscal year. (c) Contracts for Projects To Remove Carbon Dioxide.-- (1) In general.--To meet the requirements of subsection (b), the Secretary may enter into contracts to carry out projects for the removal of carbon dioxide, including small removal projects. (3) Priorities.--In entering into contracts under paragraph (1), the Secretary shall give priority to contracts for projects that-- (A) minimize the amount of greenhouse gas emissions released by carrying out the project; (B) support the commercialization of innovative removal technologies; (C) increase the diversity of commercially available eligible technologies; (D) provide the greatest potential for domestic job creation; (E) result in economic development or economic diversification in regions or localities that have historically generated significant economic activity from the production, processing, transportation, or combustion of fossil fuels, including through the use of coal mines, fossil fuel-fired electricity generating units, and petroleum refining facilities; (F) quantify and mitigate the effect of removing carbon dioxide on environmental justice, the environment, and public health; and (G) include robust public engagement and community benefits. (d) Monitoring, Reporting, and Verification.-- (1) In general.--The Secretary, or an entity with which the Secretary enters into a contract under subsection (c), shall monitor, report, and verify the net metric tons of carbon dioxide that the Secretary or the entity, as applicable, removes for purposes of this section. (2) Best practices.--The Secretary shall ensure that any project carried out under a contract entered into under subsection (c) shall follow the best available practices, as determined by the Secretary, for monitoring, reporting, and verifying the net metric tons of carbon dioxide removed under the project, including best practices that-- (A) are used by similar carbon dioxide removal projects; and (B) are necessary to ensure safe, effective, and efficient removal of carbon dioxide. (3) Prohibition on double counting.--Carbon dioxide that is removed for the purpose of complying with any other greenhouse gas emissions management program, including any foreign, Federal, State, local, or private greenhouse gas emissions management program, as determined by the Secretary, may not be considered removed under subsection (b) for purposes of meeting the requirements of that subsection. (e) Federal Assistance.--Funds received pursuant to a contract entered into under subsection (c) shall not be considered Federal assistance or otherwise affect eligibility for any Federal assistance, including a tax incentive. (f) Report.--Not later than January 1, 2027, and every 2 years thereafter, the Secretary shall submit to Congress, and make publicly available, a report that describes the progress made in carrying out the requirements of this section, including-- (1) the amounts of carbon dioxide removed during the period covered by the report, as verified pursuant to subsection (d); (2) the total price, and price per metric ton, of removing carbon dioxide for each applicable fiscal year during the period covered by the report; (3) the methods of monitoring, reporting, and verification required under subsection (d); (4) an assessment, to the extent practicable, of how the amounts of carbon dioxide removed during the period covered by the report have affected environmental justice, the environment, and public health; and (5) information on any labor impact or job creation resulting from carrying out the requirements of this section during the period covered by the report. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. a) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, as determined appropriate by the Secretary, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater. ( ii) Rule.--The Secretary shall review any rule promulgated pursuant to clause (i) not less frequently than once every 6 years after the date on which the rule is promulgated. 3) Remove.--The term ``remove'', with respect to carbon dioxide, means-- (A) to capture carbon dioxide using an eligible technology; and (B) to permanently store that captured carbon dioxide-- (i) in dedicated subsurface geologic storage reported under sections 98.440 and 146.91(e) of title 40, Code of Federal Regulations (or successor regulations); (ii) in materials, including building materials and mineralized carbon materials; or (iii) through another permanent storage method, as determined by the Secretary. ( 4) Secretary.--The term ``Secretary'' means the Secretary of Energy. ( B) Inclusion of monitoring, reporting, and verification costs.--For purposes of subparagraph (A), the price per metric ton of carbon dioxide shall include any costs associated with the monitoring, reporting, and verification required under subsection (d). ( C) Multiyear contracts.--The removal of carbon dioxide carried out pursuant to a multiyear contract entered into under subsection (c) shall be considered economically feasible if such removal can be accomplished at the applicable dollar amount for the first fiscal year of the contract, as provided in subparagraph (A), through the entire length of the contract. (3) Timing.--For each fiscal year, the Secretary shall remove the amount of carbon dioxide required under paragraph (1) for that fiscal year not later than 3 years after the beginning of that fiscal year. ( c) Contracts for Projects To Remove Carbon Dioxide.-- (1) In general.--To meet the requirements of subsection (b), the Secretary may enter into contracts to carry out projects for the removal of carbon dioxide, including small removal projects. ( d) Monitoring, Reporting, and Verification.-- (1) In general.--The Secretary, or an entity with which the Secretary enters into a contract under subsection (c), shall monitor, report, and verify the net metric tons of carbon dioxide that the Secretary or the entity, as applicable, removes for purposes of this section. (2) Best practices.--The Secretary shall ensure that any project carried out under a contract entered into under subsection (c) shall follow the best available practices, as determined by the Secretary, for monitoring, reporting, and verifying the net metric tons of carbon dioxide removed under the project, including best practices that-- (A) are used by similar carbon dioxide removal projects; and (B) are necessary to ensure safe, effective, and efficient removal of carbon dioxide. ( 3) Prohibition on double counting.--Carbon dioxide that is removed for the purpose of complying with any other greenhouse gas emissions management program, including any foreign, Federal, State, local, or private greenhouse gas emissions management program, as determined by the Secretary, may not be considered removed under subsection (b) for purposes of meeting the requirements of that subsection. ( g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. a) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, as determined appropriate by the Secretary, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater. ( 3) Remove.--The term ``remove'', with respect to carbon dioxide, means-- (A) to capture carbon dioxide using an eligible technology; and (B) to permanently store that captured carbon dioxide-- (i) in dedicated subsurface geologic storage reported under sections 98.440 and 146.91(e) of title 40, Code of Federal Regulations (or successor regulations); (ii) in materials, including building materials and mineralized carbon materials; or (iii) through another permanent storage method, as determined by the Secretary. ( 4) Secretary.--The term ``Secretary'' means the Secretary of Energy. ( B) Inclusion of monitoring, reporting, and verification costs.--For purposes of subparagraph (A), the price per metric ton of carbon dioxide shall include any costs associated with the monitoring, reporting, and verification required under subsection (d). ( C) Multiyear contracts.--The removal of carbon dioxide carried out pursuant to a multiyear contract entered into under subsection (c) shall be considered economically feasible if such removal can be accomplished at the applicable dollar amount for the first fiscal year of the contract, as provided in subparagraph (A), through the entire length of the contract. ( (2) Duration.--A contract entered into under paragraph (1) shall be for a term of not more than 15 years. ( d) Monitoring, Reporting, and Verification.-- (1) In general.--The Secretary, or an entity with which the Secretary enters into a contract under subsection (c), shall monitor, report, and verify the net metric tons of carbon dioxide that the Secretary or the entity, as applicable, removes for purposes of this section. ( g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. a) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, as determined appropriate by the Secretary, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater. ( 3) Remove.--The term ``remove'', with respect to carbon dioxide, means-- (A) to capture carbon dioxide using an eligible technology; and (B) to permanently store that captured carbon dioxide-- (i) in dedicated subsurface geologic storage reported under sections 98.440 and 146.91(e) of title 40, Code of Federal Regulations (or successor regulations); (ii) in materials, including building materials and mineralized carbon materials; or (iii) through another permanent storage method, as determined by the Secretary. ( 4) Secretary.--The term ``Secretary'' means the Secretary of Energy. ( B) Inclusion of monitoring, reporting, and verification costs.--For purposes of subparagraph (A), the price per metric ton of carbon dioxide shall include any costs associated with the monitoring, reporting, and verification required under subsection (d). ( C) Multiyear contracts.--The removal of carbon dioxide carried out pursuant to a multiyear contract entered into under subsection (c) shall be considered economically feasible if such removal can be accomplished at the applicable dollar amount for the first fiscal year of the contract, as provided in subparagraph (A), through the entire length of the contract. ( (2) Duration.--A contract entered into under paragraph (1) shall be for a term of not more than 15 years. ( d) Monitoring, Reporting, and Verification.-- (1) In general.--The Secretary, or an entity with which the Secretary enters into a contract under subsection (c), shall monitor, report, and verify the net metric tons of carbon dioxide that the Secretary or the entity, as applicable, removes for purposes of this section. ( g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. a) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, as determined appropriate by the Secretary, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater. ( ii) Rule.--The Secretary shall review any rule promulgated pursuant to clause (i) not less frequently than once every 6 years after the date on which the rule is promulgated. 3) Remove.--The term ``remove'', with respect to carbon dioxide, means-- (A) to capture carbon dioxide using an eligible technology; and (B) to permanently store that captured carbon dioxide-- (i) in dedicated subsurface geologic storage reported under sections 98.440 and 146.91(e) of title 40, Code of Federal Regulations (or successor regulations); (ii) in materials, including building materials and mineralized carbon materials; or (iii) through another permanent storage method, as determined by the Secretary. ( 4) Secretary.--The term ``Secretary'' means the Secretary of Energy. ( B) Inclusion of monitoring, reporting, and verification costs.--For purposes of subparagraph (A), the price per metric ton of carbon dioxide shall include any costs associated with the monitoring, reporting, and verification required under subsection (d). ( C) Multiyear contracts.--The removal of carbon dioxide carried out pursuant to a multiyear contract entered into under subsection (c) shall be considered economically feasible if such removal can be accomplished at the applicable dollar amount for the first fiscal year of the contract, as provided in subparagraph (A), through the entire length of the contract. (3) Timing.--For each fiscal year, the Secretary shall remove the amount of carbon dioxide required under paragraph (1) for that fiscal year not later than 3 years after the beginning of that fiscal year. ( c) Contracts for Projects To Remove Carbon Dioxide.-- (1) In general.--To meet the requirements of subsection (b), the Secretary may enter into contracts to carry out projects for the removal of carbon dioxide, including small removal projects. ( d) Monitoring, Reporting, and Verification.-- (1) In general.--The Secretary, or an entity with which the Secretary enters into a contract under subsection (c), shall monitor, report, and verify the net metric tons of carbon dioxide that the Secretary or the entity, as applicable, removes for purposes of this section. (2) Best practices.--The Secretary shall ensure that any project carried out under a contract entered into under subsection (c) shall follow the best available practices, as determined by the Secretary, for monitoring, reporting, and verifying the net metric tons of carbon dioxide removed under the project, including best practices that-- (A) are used by similar carbon dioxide removal projects; and (B) are necessary to ensure safe, effective, and efficient removal of carbon dioxide. ( 3) Prohibition on double counting.--Carbon dioxide that is removed for the purpose of complying with any other greenhouse gas emissions management program, including any foreign, Federal, State, local, or private greenhouse gas emissions management program, as determined by the Secretary, may not be considered removed under subsection (b) for purposes of meeting the requirements of that subsection. ( g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. a) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, as determined appropriate by the Secretary, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater. ( 3) Remove.--The term ``remove'', with respect to carbon dioxide, means-- (A) to capture carbon dioxide using an eligible technology; and (B) to permanently store that captured carbon dioxide-- (i) in dedicated subsurface geologic storage reported under sections 98.440 and 146.91(e) of title 40, Code of Federal Regulations (or successor regulations); (ii) in materials, including building materials and mineralized carbon materials; or (iii) through another permanent storage method, as determined by the Secretary. ( 4) Secretary.--The term ``Secretary'' means the Secretary of Energy. ( B) Inclusion of monitoring, reporting, and verification costs.--For purposes of subparagraph (A), the price per metric ton of carbon dioxide shall include any costs associated with the monitoring, reporting, and verification required under subsection (d). ( C) Multiyear contracts.--The removal of carbon dioxide carried out pursuant to a multiyear contract entered into under subsection (c) shall be considered economically feasible if such removal can be accomplished at the applicable dollar amount for the first fiscal year of the contract, as provided in subparagraph (A), through the entire length of the contract. ( (2) Duration.--A contract entered into under paragraph (1) shall be for a term of not more than 15 years. ( d) Monitoring, Reporting, and Verification.-- (1) In general.--The Secretary, or an entity with which the Secretary enters into a contract under subsection (c), shall monitor, report, and verify the net metric tons of carbon dioxide that the Secretary or the entity, as applicable, removes for purposes of this section. ( g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. a) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, as determined appropriate by the Secretary, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater. ( ii) Rule.--The Secretary shall review any rule promulgated pursuant to clause (i) not less frequently than once every 6 years after the date on which the rule is promulgated. 3) Remove.--The term ``remove'', with respect to carbon dioxide, means-- (A) to capture carbon dioxide using an eligible technology; and (B) to permanently store that captured carbon dioxide-- (i) in dedicated subsurface geologic storage reported under sections 98.440 and 146.91(e) of title 40, Code of Federal Regulations (or successor regulations); (ii) in materials, including building materials and mineralized carbon materials; or (iii) through another permanent storage method, as determined by the Secretary. ( 4) Secretary.--The term ``Secretary'' means the Secretary of Energy. ( B) Inclusion of monitoring, reporting, and verification costs.--For purposes of subparagraph (A), the price per metric ton of carbon dioxide shall include any costs associated with the monitoring, reporting, and verification required under subsection (d). ( C) Multiyear contracts.--The removal of carbon dioxide carried out pursuant to a multiyear contract entered into under subsection (c) shall be considered economically feasible if such removal can be accomplished at the applicable dollar amount for the first fiscal year of the contract, as provided in subparagraph (A), through the entire length of the contract. (3) Timing.--For each fiscal year, the Secretary shall remove the amount of carbon dioxide required under paragraph (1) for that fiscal year not later than 3 years after the beginning of that fiscal year. ( c) Contracts for Projects To Remove Carbon Dioxide.-- (1) In general.--To meet the requirements of subsection (b), the Secretary may enter into contracts to carry out projects for the removal of carbon dioxide, including small removal projects. ( d) Monitoring, Reporting, and Verification.-- (1) In general.--The Secretary, or an entity with which the Secretary enters into a contract under subsection (c), shall monitor, report, and verify the net metric tons of carbon dioxide that the Secretary or the entity, as applicable, removes for purposes of this section. (2) Best practices.--The Secretary shall ensure that any project carried out under a contract entered into under subsection (c) shall follow the best available practices, as determined by the Secretary, for monitoring, reporting, and verifying the net metric tons of carbon dioxide removed under the project, including best practices that-- (A) are used by similar carbon dioxide removal projects; and (B) are necessary to ensure safe, effective, and efficient removal of carbon dioxide. ( 3) Prohibition on double counting.--Carbon dioxide that is removed for the purpose of complying with any other greenhouse gas emissions management program, including any foreign, Federal, State, local, or private greenhouse gas emissions management program, as determined by the Secretary, may not be considered removed under subsection (b) for purposes of meeting the requirements of that subsection. ( g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. a) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, as determined appropriate by the Secretary, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater. ( 3) Remove.--The term ``remove'', with respect to carbon dioxide, means-- (A) to capture carbon dioxide using an eligible technology; and (B) to permanently store that captured carbon dioxide-- (i) in dedicated subsurface geologic storage reported under sections 98.440 and 146.91(e) of title 40, Code of Federal Regulations (or successor regulations); (ii) in materials, including building materials and mineralized carbon materials; or (iii) through another permanent storage method, as determined by the Secretary. ( 4) Secretary.--The term ``Secretary'' means the Secretary of Energy. ( B) Inclusion of monitoring, reporting, and verification costs.--For purposes of subparagraph (A), the price per metric ton of carbon dioxide shall include any costs associated with the monitoring, reporting, and verification required under subsection (d). ( C) Multiyear contracts.--The removal of carbon dioxide carried out pursuant to a multiyear contract entered into under subsection (c) shall be considered economically feasible if such removal can be accomplished at the applicable dollar amount for the first fiscal year of the contract, as provided in subparagraph (A), through the entire length of the contract. ( (2) Duration.--A contract entered into under paragraph (1) shall be for a term of not more than 15 years. ( d) Monitoring, Reporting, and Verification.-- (1) In general.--The Secretary, or an entity with which the Secretary enters into a contract under subsection (c), shall monitor, report, and verify the net metric tons of carbon dioxide that the Secretary or the entity, as applicable, removes for purposes of this section. ( g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. 3) Remove.--The term ``remove'', with respect to carbon dioxide, means-- (A) to capture carbon dioxide using an eligible technology; and (B) to permanently store that captured carbon dioxide-- (i) in dedicated subsurface geologic storage reported under sections 98.440 and 146.91(e) of title 40, Code of Federal Regulations (or successor regulations); (ii) in materials, including building materials and mineralized carbon materials; or (iii) through another permanent storage method, as determined by the Secretary. ( ( C) Multiyear contracts.--The removal of carbon dioxide carried out pursuant to a multiyear contract entered into under subsection (c) shall be considered economically feasible if such removal can be accomplished at the applicable dollar amount for the first fiscal year of the contract, as provided in subparagraph (A), through the entire length of the contract. ( d) Monitoring, Reporting, and Verification.-- (1) In general.--The Secretary, or an entity with which the Secretary enters into a contract under subsection (c), shall monitor, report, and verify the net metric tons of carbon dioxide that the Secretary or the entity, as applicable, removes for purposes of this section. (2) Best practices.--The Secretary shall ensure that any project carried out under a contract entered into under subsection (c) shall follow the best available practices, as determined by the Secretary, for monitoring, reporting, and verifying the net metric tons of carbon dioxide removed under the project, including best practices that-- (A) are used by similar carbon dioxide removal projects; and (B) are necessary to ensure safe, effective, and efficient removal of carbon dioxide. ( g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. a) Definitions.--In this section: (1) Eligible technology.-- (A) In general.--The term ``eligible technology'' means any equipment, technique, or technology, as determined appropriate by the Secretary, placed into service after January 1, 2022, that removes carbon dioxide directly from ambient air or seawater. ( 3) Remove.--The term ``remove'', with respect to carbon dioxide, means-- (A) to capture carbon dioxide using an eligible technology; and (B) to permanently store that captured carbon dioxide-- (i) in dedicated subsurface geologic storage reported under sections 98.440 and 146.91(e) of title 40, Code of Federal Regulations (or successor regulations); (ii) in materials, including building materials and mineralized carbon materials; or (iii) through another permanent storage method, as determined by the Secretary. ( 4) Secretary.--The term ``Secretary'' means the Secretary of Energy. ( B) Inclusion of monitoring, reporting, and verification costs.--For purposes of subparagraph (A), the price per metric ton of carbon dioxide shall include any costs associated with the monitoring, reporting, and verification required under subsection (d). ( C) Multiyear contracts.--The removal of carbon dioxide carried out pursuant to a multiyear contract entered into under subsection (c) shall be considered economically feasible if such removal can be accomplished at the applicable dollar amount for the first fiscal year of the contract, as provided in subparagraph (A), through the entire length of the contract. ( (2) Duration.--A contract entered into under paragraph (1) shall be for a term of not more than 15 years. ( d) Monitoring, Reporting, and Verification.-- (1) In general.--The Secretary, or an entity with which the Secretary enters into a contract under subsection (c), shall monitor, report, and verify the net metric tons of carbon dioxide that the Secretary or the entity, as applicable, removes for purposes of this section. ( g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes. 3) Remove.--The term ``remove'', with respect to carbon dioxide, means-- (A) to capture carbon dioxide using an eligible technology; and (B) to permanently store that captured carbon dioxide-- (i) in dedicated subsurface geologic storage reported under sections 98.440 and 146.91(e) of title 40, Code of Federal Regulations (or successor regulations); (ii) in materials, including building materials and mineralized carbon materials; or (iii) through another permanent storage method, as determined by the Secretary. ( ( C) Multiyear contracts.--The removal of carbon dioxide carried out pursuant to a multiyear contract entered into under subsection (c) shall be considered economically feasible if such removal can be accomplished at the applicable dollar amount for the first fiscal year of the contract, as provided in subparagraph (A), through the entire length of the contract. ( d) Monitoring, Reporting, and Verification.-- (1) In general.--The Secretary, or an entity with which the Secretary enters into a contract under subsection (c), shall monitor, report, and verify the net metric tons of carbon dioxide that the Secretary or the entity, as applicable, removes for purposes of this section. (2) Best practices.--The Secretary shall ensure that any project carried out under a contract entered into under subsection (c) shall follow the best available practices, as determined by the Secretary, for monitoring, reporting, and verifying the net metric tons of carbon dioxide removed under the project, including best practices that-- (A) are used by similar carbon dioxide removal projects; and (B) are necessary to ensure safe, effective, and efficient removal of carbon dioxide. ( g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

Federal Carbon Dioxide Removal Leadership Act of 2022 - Directs the Secretary of Energy (DOE) to: (1) remove carbon dioxide directly from ambient air or seawater; (2) capture carbon dioxide using an eligible technology; and (3) permanently store carbon dioxide in dedicated subsurface geologic storage. (Sec. 2) Requires the Secretary to review any rule promulg Directs the Secretary of Energy to enter into contracts to carry out projects for the removal of carbon dioxide, including small removal projects. (Sec. 2) Prohibits the Secretary from removing carbon dioxide for purposes of complying with any other greenhouse gas emissions management program, including any foreign, federal, State, local, or private greenhouse gas management program. (Sets forth provisions regarding monitoring

H.R.9217

Government Operations and Politics

Halting Of Trafficking and Exploitation in Lodging Act of 2022 or the HOTEL Act of 2022 This bill requires federal agencies to ensure, to the greatest extent practicable, that commercial accommodations for agency employees are booked with a hotel or motel that enforces a zero-tolerance policy regarding severe forms of trafficking in persons.

To amend title 5, United States Code, to establish a priority for accommodation in places with policies relating to severe forms of human trafficking, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Halting Of Trafficking and Exploitation in Lodging Act of 2022'' or the ``HOTEL Act of 2022''. SEC. 2. PRIORITY FOR ACCOMMODATION IN PLACES WITH POLICIES RELATING TO SEVERE FORMS OF HUMAN TRAFFICKING. (a) In General.--Subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5712. Priority for accommodation in places with certain policies relating to severe forms of human trafficking ``(a) In General.--For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation. ``(b) Eligibility as a Preferred Place of Accommodation.--To be considered a preferred place of accommodation for the purposes of this section, a hotel or motel shall-- ``(1) enforce a zero-tolerance policy regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(11))) made available by the Administrator of General Services under subsection (c)(1), or a similar zero-tolerance policy developed by the place of accommodation, demonstrated by-- ``(A) posting such policy in a nonpublic space within the place of accommodation that is accessible by all employees; or ``(B) including such policy in the employee handbook; ``(2) have procedures in place, not later than 180 days after the date of the enactment of this section, for employees to identify and report any such exploitation according to protocol identified in the employee training based on training materials developed under subsection (c)(3) to the appropriate law enforcement authorities, management of the preferred accommodation, or the National Human Trafficking Hotline; ``(3) post the informational materials made available under subsection (c)(3) in an appropriate nonpublic space within the place of accommodation that is accessible by all employees; ``(4) review and update, as necessary, the zero-tolerance policy, procedures, and informational materials at least every two years prior to the due date for self-certifications; ``(5) require each employee who is physically located at the place of accommodation and who is likely to interact with guests, including security, front desk, housekeeping, room service, and bell staff, to complete the training developed under subsection (c)(2), or a training developed pursuant to subsection (d), that shall-- ``(A) take place not later than 90 days after the starting date of the new employee, or in the case of an employee hired before the effective date of this section, not later than 90 days after the date of enactment of this section; ``(B) include refresher trainings every two years; and ``(C) include training on the identification of possible cases of sexual exploitation of children and procedures to report suspected abuse to the appropriate authorities; ``(6) include a notice to all independent contractors in any agreement affecting a property in the United States negotiated or renewed on or after the date of enactment of this section that states the following: `Federal law prohibits the trafficking of humans under the Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.).'; and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(c) GSA Requirements.--The Administrator of General Services shall-- ``(1) make available on the website of the General Services Administration, an up-to-date model zero tolerance policy for places of accommodation regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. (11))), including informational materials regarding such policy to be posted in places of accommodation in nonpublic spaces; ``(2) make available on the website of the General Services Administration an up-to-date list of Department of Homeland Security, Department of Justice, and Department of State and privately produced training programs that address the identification of severe forms of human trafficking and reporting to law enforcement authorities or the National Human Trafficking Hotline; ``(3) in coordination with the Secretary of Homeland Security's Blue Campaign, make available up-to-date training materials on preventing severe forms of human trafficking and informational materials to be posted in nonpublic spaces in places of accommodation on spotting the signs of severe forms of human trafficking and reporting possible incidences of such exploitation, except that the Administrator shall permit the use of substantially similar training materials or informational materials required by State or local law on identifying the signs of human trafficking and reporting possible incidences of such exploitation in lieu of materials developed under this paragraph; and ``(4) maintain a list of each preferred place of accommodation that meets the requirements of subsection (b), beginning by examining places of accommodation that are-- ``(A) participating in government lodging programs such as FedRooms (or successor system); ``(B) included on the FEMA Fire Safe List; or ``(C) otherwise known to have received government travel business in the 2 years prior to enactment of this section. ``(d) Training Programs.--A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements of subsection (b)(4) if such training program-- ``(1) focuses on identifying and reporting suspected cases of severe forms of human trafficking; and ``(2) was developed in consultation with State governments, survivor leaders, survivor-led anti-trafficking organization, or a nationally recognized organization with expertise in anti- trafficking initiatives. ``(e) Previously Trained Employees.-- ``(1) Training prior to effective date.--Any employee of a place of accommodation who has been trained to identify and report potential cases of severe forms of human trafficking during the 2-year period ending on the date of the enactment of this section shall be considered to have met the training requirement in subsection (b)(4) with respect to any employment at that place of accommodation or at any other place of accommodation managed by the same entity. ``(2) Training prior to a transfer of employment.--Any employee of a place of accommodation who has met the training requirements under subsection (b)(4) shall be considered to have met such requirements with respect to any employment at a place of accommodation managed by the same entity if such training occurred during the 2-year period ending on the date of the enactment of this section. ``(f) Property-by-Property Implementation.-- ``(1) In general.--Each preferred place of accommodation shall self-certify (in writing) to the Administrator of General Services that such place is in compliance with the requirements of this section. Such self-certification shall occur every 2 years beginning on the date of the enactment of this section. The Administrator shall-- ``(A) provide notice to each place of accommodation regarding any self-certification required under this subsection not later than the date that is 90 days before the due date of such self-certification; and ``(B) report to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, not later than 2 years after the date of the enactment of this section and every two years thereafter-- ``(i) each preferred places of accommodation that submitted and did not submit their self-certifications in the preceding 2 years; and ``(ii) the corresponding total numbers of nights the government paid for Federal employees in self-certified preferred places of accommodation compared to preferred places of accommodation that did not report self- certification to the Administrator of General Services. ``(2) Group certification.--A person or entity that manages or franchises multiple places of accommodation may provide a single notice with respect to self-certification under subsection (a) that each such place is in compliance with this section. ``(g) Statutory Construction.--No provision in this section that applies to an employee of a place of accommodation shall be construed to apply to an individual who is an independent contractor or otherwise not directly employed by a place of accommodation, unless the contract is for housekeeping, security, front desk, room service, or bell staff, in which case it shall be the responsibility of the service provider to ensure compliance with the requirements set forth in this section. ``(h) Regulations Required.--The Administrator of General Services shall issue such regulations as are necessary to carry out this section.''. (b) Effective Date.--Section 5712(a) of title 5, United States Code (as added by subsection (a)), shall take effect 180 days after the date of the enactment of this Act. (c) Clerical Amendment.--The table of sections for subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following new item: ``5712. Priority for accommodation in places with certain policies relating to severe forms of human trafficking.''. <all>

HOTEL Act of 2022

To amend title 5, United States Code, to establish a priority for accommodation in places with policies relating to severe forms of human trafficking, and for other purposes.

HOTEL Act of 2022 Halting Of Trafficking and Exploitation in Lodging Act of 2022

Rep. Smith, Christopher H.

R

NJ

This bill requires federal agencies to ensure, to the greatest extent practicable, that commercial accommodations for agency employees are booked with a hotel or motel that enforces a zero-tolerance policy regarding severe forms of trafficking in persons.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. PRIORITY FOR ACCOMMODATION IN PLACES WITH POLICIES RELATING TO SEVERE FORMS OF HUMAN TRAFFICKING. (a) In General.--Subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5712. 7101 et seq.). '; and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(c) GSA Requirements.--The Administrator of General Services shall-- ``(1) make available on the website of the General Services Administration, an up-to-date model zero tolerance policy for places of accommodation regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. (11))), including informational materials regarding such policy to be posted in places of accommodation in nonpublic spaces; ``(2) make available on the website of the General Services Administration an up-to-date list of Department of Homeland Security, Department of Justice, and Department of State and privately produced training programs that address the identification of severe forms of human trafficking and reporting to law enforcement authorities or the National Human Trafficking Hotline; ``(3) in coordination with the Secretary of Homeland Security's Blue Campaign, make available up-to-date training materials on preventing severe forms of human trafficking and informational materials to be posted in nonpublic spaces in places of accommodation on spotting the signs of severe forms of human trafficking and reporting possible incidences of such exploitation, except that the Administrator shall permit the use of substantially similar training materials or informational materials required by State or local law on identifying the signs of human trafficking and reporting possible incidences of such exploitation in lieu of materials developed under this paragraph; and ``(4) maintain a list of each preferred place of accommodation that meets the requirements of subsection (b), beginning by examining places of accommodation that are-- ``(A) participating in government lodging programs such as FedRooms (or successor system); ``(B) included on the FEMA Fire Safe List; or ``(C) otherwise known to have received government travel business in the 2 years prior to enactment of this section. Such self-certification shall occur every 2 years beginning on the date of the enactment of this section. ``(2) Group certification.--A person or entity that manages or franchises multiple places of accommodation may provide a single notice with respect to self-certification under subsection (a) that each such place is in compliance with this section.

2. PRIORITY FOR ACCOMMODATION IN PLACES WITH POLICIES RELATING TO SEVERE FORMS OF HUMAN TRAFFICKING. (a) In General.--Subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5712. '; and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(c) GSA Requirements.--The Administrator of General Services shall-- ``(1) make available on the website of the General Services Administration, an up-to-date model zero tolerance policy for places of accommodation regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. Such self-certification shall occur every 2 years beginning on the date of the enactment of this section.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. PRIORITY FOR ACCOMMODATION IN PLACES WITH POLICIES RELATING TO SEVERE FORMS OF HUMAN TRAFFICKING. (a) In General.--Subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5712. 7101 et seq.). '; and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(c) GSA Requirements.--The Administrator of General Services shall-- ``(1) make available on the website of the General Services Administration, an up-to-date model zero tolerance policy for places of accommodation regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. (11))), including informational materials regarding such policy to be posted in places of accommodation in nonpublic spaces; ``(2) make available on the website of the General Services Administration an up-to-date list of Department of Homeland Security, Department of Justice, and Department of State and privately produced training programs that address the identification of severe forms of human trafficking and reporting to law enforcement authorities or the National Human Trafficking Hotline; ``(3) in coordination with the Secretary of Homeland Security's Blue Campaign, make available up-to-date training materials on preventing severe forms of human trafficking and informational materials to be posted in nonpublic spaces in places of accommodation on spotting the signs of severe forms of human trafficking and reporting possible incidences of such exploitation, except that the Administrator shall permit the use of substantially similar training materials or informational materials required by State or local law on identifying the signs of human trafficking and reporting possible incidences of such exploitation in lieu of materials developed under this paragraph; and ``(4) maintain a list of each preferred place of accommodation that meets the requirements of subsection (b), beginning by examining places of accommodation that are-- ``(A) participating in government lodging programs such as FedRooms (or successor system); ``(B) included on the FEMA Fire Safe List; or ``(C) otherwise known to have received government travel business in the 2 years prior to enactment of this section. Such self-certification shall occur every 2 years beginning on the date of the enactment of this section. The Administrator shall-- ``(A) provide notice to each place of accommodation regarding any self-certification required under this subsection not later than the date that is 90 days before the due date of such self-certification; and ``(B) report to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, not later than 2 years after the date of the enactment of this section and every two years thereafter-- ``(i) each preferred places of accommodation that submitted and did not submit their self-certifications in the preceding 2 years; and ``(ii) the corresponding total numbers of nights the government paid for Federal employees in self-certified preferred places of accommodation compared to preferred places of accommodation that did not report self- certification to the Administrator of General Services. ``(2) Group certification.--A person or entity that manages or franchises multiple places of accommodation may provide a single notice with respect to self-certification under subsection (a) that each such place is in compliance with this section. ``(g) Statutory Construction.--No provision in this section that applies to an employee of a place of accommodation shall be construed to apply to an individual who is an independent contractor or otherwise not directly employed by a place of accommodation, unless the contract is for housekeeping, security, front desk, room service, or bell staff, in which case it shall be the responsibility of the service provider to ensure compliance with the requirements set forth in this section. ``(h) Regulations Required.--The Administrator of General Services shall issue such regulations as are necessary to carry out this section.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Halting Of Trafficking and Exploitation in Lodging Act of 2022'' or the ``HOTEL Act of 2022''. 2. PRIORITY FOR ACCOMMODATION IN PLACES WITH POLICIES RELATING TO SEVERE FORMS OF HUMAN TRAFFICKING. (a) In General.--Subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5712. Priority for accommodation in places with certain policies relating to severe forms of human trafficking ``(a) In General.--For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation. 7101 et seq.). '; and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(c) GSA Requirements.--The Administrator of General Services shall-- ``(1) make available on the website of the General Services Administration, an up-to-date model zero tolerance policy for places of accommodation regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. (11))), including informational materials regarding such policy to be posted in places of accommodation in nonpublic spaces; ``(2) make available on the website of the General Services Administration an up-to-date list of Department of Homeland Security, Department of Justice, and Department of State and privately produced training programs that address the identification of severe forms of human trafficking and reporting to law enforcement authorities or the National Human Trafficking Hotline; ``(3) in coordination with the Secretary of Homeland Security's Blue Campaign, make available up-to-date training materials on preventing severe forms of human trafficking and informational materials to be posted in nonpublic spaces in places of accommodation on spotting the signs of severe forms of human trafficking and reporting possible incidences of such exploitation, except that the Administrator shall permit the use of substantially similar training materials or informational materials required by State or local law on identifying the signs of human trafficking and reporting possible incidences of such exploitation in lieu of materials developed under this paragraph; and ``(4) maintain a list of each preferred place of accommodation that meets the requirements of subsection (b), beginning by examining places of accommodation that are-- ``(A) participating in government lodging programs such as FedRooms (or successor system); ``(B) included on the FEMA Fire Safe List; or ``(C) otherwise known to have received government travel business in the 2 years prior to enactment of this section. ``(d) Training Programs.--A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements of subsection (b)(4) if such training program-- ``(1) focuses on identifying and reporting suspected cases of severe forms of human trafficking; and ``(2) was developed in consultation with State governments, survivor leaders, survivor-led anti-trafficking organization, or a nationally recognized organization with expertise in anti- trafficking initiatives. ``(2) Training prior to a transfer of employment.--Any employee of a place of accommodation who has met the training requirements under subsection (b)(4) shall be considered to have met such requirements with respect to any employment at a place of accommodation managed by the same entity if such training occurred during the 2-year period ending on the date of the enactment of this section. ``(f) Property-by-Property Implementation.-- ``(1) In general.--Each preferred place of accommodation shall self-certify (in writing) to the Administrator of General Services that such place is in compliance with the requirements of this section. Such self-certification shall occur every 2 years beginning on the date of the enactment of this section. The Administrator shall-- ``(A) provide notice to each place of accommodation regarding any self-certification required under this subsection not later than the date that is 90 days before the due date of such self-certification; and ``(B) report to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, not later than 2 years after the date of the enactment of this section and every two years thereafter-- ``(i) each preferred places of accommodation that submitted and did not submit their self-certifications in the preceding 2 years; and ``(ii) the corresponding total numbers of nights the government paid for Federal employees in self-certified preferred places of accommodation compared to preferred places of accommodation that did not report self- certification to the Administrator of General Services. ``(2) Group certification.--A person or entity that manages or franchises multiple places of accommodation may provide a single notice with respect to self-certification under subsection (a) that each such place is in compliance with this section. ``(g) Statutory Construction.--No provision in this section that applies to an employee of a place of accommodation shall be construed to apply to an individual who is an independent contractor or otherwise not directly employed by a place of accommodation, unless the contract is for housekeeping, security, front desk, room service, or bell staff, in which case it shall be the responsibility of the service provider to ensure compliance with the requirements set forth in this section. ``(h) Regulations Required.--The Administrator of General Services shall issue such regulations as are necessary to carry out this section.''. (b) Effective Date.--Section 5712(a) of title 5, United States Code (as added by subsection (a)), shall take effect 180 days after the date of the enactment of this Act.

To amend title 5, United States Code, to establish a priority for accommodation in places with policies relating to severe forms of human trafficking, and for other purposes. Priority for accommodation in places with certain policies relating to severe forms of human trafficking ``(a) In General.--For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation. and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(c) GSA Requirements.--The Administrator of General Services shall-- ``(1) make available on the website of the General Services Administration, an up-to-date model zero tolerance policy for places of accommodation regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. ``(d) Training Programs.--A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements of subsection (b)(4) if such training program-- ``(1) focuses on identifying and reporting suspected cases of severe forms of human trafficking; and ``(2) was developed in consultation with State governments, survivor leaders, survivor-led anti-trafficking organization, or a nationally recognized organization with expertise in anti- trafficking initiatives. ``(e) Previously Trained Employees.-- ``(1) Training prior to effective date.--Any employee of a place of accommodation who has been trained to identify and report potential cases of severe forms of human trafficking during the 2-year period ending on the date of the enactment of this section shall be considered to have met the training requirement in subsection (b)(4) with respect to any employment at that place of accommodation or at any other place of accommodation managed by the same entity. ``(f) Property-by-Property Implementation.-- ``(1) In general.--Each preferred place of accommodation shall self-certify (in writing) to the Administrator of General Services that such place is in compliance with the requirements of this section. Such self-certification shall occur every 2 years beginning on the date of the enactment of this section. ``(g) Statutory Construction.--No provision in this section that applies to an employee of a place of accommodation shall be construed to apply to an individual who is an independent contractor or otherwise not directly employed by a place of accommodation, unless the contract is for housekeeping, security, front desk, room service, or bell staff, in which case it shall be the responsibility of the service provider to ensure compliance with the requirements set forth in this section. b) Effective Date.--Section 5712(a) of title 5, United States Code (as added by subsection (a)), shall take effect 180 days after the date of the enactment of this Act. (

To amend title 5, United States Code, to establish a priority for accommodation in places with policies relating to severe forms of human trafficking, and for other purposes. Priority for accommodation in places with certain policies relating to severe forms of human trafficking ``(a) In General.--For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation. '; and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(d) Training Programs.--A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements of subsection (b)(4) if such training program-- ``(1) focuses on identifying and reporting suspected cases of severe forms of human trafficking; and ``(2) was developed in consultation with State governments, survivor leaders, survivor-led anti-trafficking organization, or a nationally recognized organization with expertise in anti- trafficking initiatives. ``(e) Previously Trained Employees.-- ``(1) Training prior to effective date.--Any employee of a place of accommodation who has been trained to identify and report potential cases of severe forms of human trafficking during the 2-year period ending on the date of the enactment of this section shall be considered to have met the training requirement in subsection (b)(4) with respect to any employment at that place of accommodation or at any other place of accommodation managed by the same entity. ``(2) Group certification.--A person or entity that manages or franchises multiple places of accommodation may provide a single notice with respect to self-certification under subsection (a) that each such place is in compliance with this section. b) Effective Date.--Section 5712(a) of title 5, United States Code (as added by subsection (a)), shall take effect 180 days after the date of the enactment of this Act. (

To amend title 5, United States Code, to establish a priority for accommodation in places with policies relating to severe forms of human trafficking, and for other purposes. Priority for accommodation in places with certain policies relating to severe forms of human trafficking ``(a) In General.--For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation. '; and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(d) Training Programs.--A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements of subsection (b)(4) if such training program-- ``(1) focuses on identifying and reporting suspected cases of severe forms of human trafficking; and ``(2) was developed in consultation with State governments, survivor leaders, survivor-led anti-trafficking organization, or a nationally recognized organization with expertise in anti- trafficking initiatives. ``(e) Previously Trained Employees.-- ``(1) Training prior to effective date.--Any employee of a place of accommodation who has been trained to identify and report potential cases of severe forms of human trafficking during the 2-year period ending on the date of the enactment of this section shall be considered to have met the training requirement in subsection (b)(4) with respect to any employment at that place of accommodation or at any other place of accommodation managed by the same entity. ``(2) Group certification.--A person or entity that manages or franchises multiple places of accommodation may provide a single notice with respect to self-certification under subsection (a) that each such place is in compliance with this section. b) Effective Date.--Section 5712(a) of title 5, United States Code (as added by subsection (a)), shall take effect 180 days after the date of the enactment of this Act. (

To amend title 5, United States Code, to establish a priority for accommodation in places with policies relating to severe forms of human trafficking, and for other purposes. Priority for accommodation in places with certain policies relating to severe forms of human trafficking ``(a) In General.--For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation. and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(c) GSA Requirements.--The Administrator of General Services shall-- ``(1) make available on the website of the General Services Administration, an up-to-date model zero tolerance policy for places of accommodation regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. ``(d) Training Programs.--A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements of subsection (b)(4) if such training program-- ``(1) focuses on identifying and reporting suspected cases of severe forms of human trafficking; and ``(2) was developed in consultation with State governments, survivor leaders, survivor-led anti-trafficking organization, or a nationally recognized organization with expertise in anti- trafficking initiatives. ``(e) Previously Trained Employees.-- ``(1) Training prior to effective date.--Any employee of a place of accommodation who has been trained to identify and report potential cases of severe forms of human trafficking during the 2-year period ending on the date of the enactment of this section shall be considered to have met the training requirement in subsection (b)(4) with respect to any employment at that place of accommodation or at any other place of accommodation managed by the same entity. ``(f) Property-by-Property Implementation.-- ``(1) In general.--Each preferred place of accommodation shall self-certify (in writing) to the Administrator of General Services that such place is in compliance with the requirements of this section. Such self-certification shall occur every 2 years beginning on the date of the enactment of this section. ``(g) Statutory Construction.--No provision in this section that applies to an employee of a place of accommodation shall be construed to apply to an individual who is an independent contractor or otherwise not directly employed by a place of accommodation, unless the contract is for housekeeping, security, front desk, room service, or bell staff, in which case it shall be the responsibility of the service provider to ensure compliance with the requirements set forth in this section. b) Effective Date.--Section 5712(a) of title 5, United States Code (as added by subsection (a)), shall take effect 180 days after the date of the enactment of this Act. (

To amend title 5, United States Code, to establish a priority for accommodation in places with policies relating to severe forms of human trafficking, and for other purposes. Priority for accommodation in places with certain policies relating to severe forms of human trafficking ``(a) In General.--For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation. '; and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(d) Training Programs.--A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements of subsection (b)(4) if such training program-- ``(1) focuses on identifying and reporting suspected cases of severe forms of human trafficking; and ``(2) was developed in consultation with State governments, survivor leaders, survivor-led anti-trafficking organization, or a nationally recognized organization with expertise in anti- trafficking initiatives. ``(e) Previously Trained Employees.-- ``(1) Training prior to effective date.--Any employee of a place of accommodation who has been trained to identify and report potential cases of severe forms of human trafficking during the 2-year period ending on the date of the enactment of this section shall be considered to have met the training requirement in subsection (b)(4) with respect to any employment at that place of accommodation or at any other place of accommodation managed by the same entity. ``(2) Group certification.--A person or entity that manages or franchises multiple places of accommodation may provide a single notice with respect to self-certification under subsection (a) that each such place is in compliance with this section. b) Effective Date.--Section 5712(a) of title 5, United States Code (as added by subsection (a)), shall take effect 180 days after the date of the enactment of this Act. (

To amend title 5, United States Code, to establish a priority for accommodation in places with policies relating to severe forms of human trafficking, and for other purposes. Priority for accommodation in places with certain policies relating to severe forms of human trafficking ``(a) In General.--For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation. and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(c) GSA Requirements.--The Administrator of General Services shall-- ``(1) make available on the website of the General Services Administration, an up-to-date model zero tolerance policy for places of accommodation regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. ``(d) Training Programs.--A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements of subsection (b)(4) if such training program-- ``(1) focuses on identifying and reporting suspected cases of severe forms of human trafficking; and ``(2) was developed in consultation with State governments, survivor leaders, survivor-led anti-trafficking organization, or a nationally recognized organization with expertise in anti- trafficking initiatives. ``(e) Previously Trained Employees.-- ``(1) Training prior to effective date.--Any employee of a place of accommodation who has been trained to identify and report potential cases of severe forms of human trafficking during the 2-year period ending on the date of the enactment of this section shall be considered to have met the training requirement in subsection (b)(4) with respect to any employment at that place of accommodation or at any other place of accommodation managed by the same entity. ``(f) Property-by-Property Implementation.-- ``(1) In general.--Each preferred place of accommodation shall self-certify (in writing) to the Administrator of General Services that such place is in compliance with the requirements of this section. Such self-certification shall occur every 2 years beginning on the date of the enactment of this section. ``(g) Statutory Construction.--No provision in this section that applies to an employee of a place of accommodation shall be construed to apply to an individual who is an independent contractor or otherwise not directly employed by a place of accommodation, unless the contract is for housekeeping, security, front desk, room service, or bell staff, in which case it shall be the responsibility of the service provider to ensure compliance with the requirements set forth in this section. b) Effective Date.--Section 5712(a) of title 5, United States Code (as added by subsection (a)), shall take effect 180 days after the date of the enactment of this Act. (

To amend title 5, United States Code, to establish a priority for accommodation in places with policies relating to severe forms of human trafficking, and for other purposes. Priority for accommodation in places with certain policies relating to severe forms of human trafficking ``(a) In General.--For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation. '; and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(d) Training Programs.--A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements of subsection (b)(4) if such training program-- ``(1) focuses on identifying and reporting suspected cases of severe forms of human trafficking; and ``(2) was developed in consultation with State governments, survivor leaders, survivor-led anti-trafficking organization, or a nationally recognized organization with expertise in anti- trafficking initiatives. ``(e) Previously Trained Employees.-- ``(1) Training prior to effective date.--Any employee of a place of accommodation who has been trained to identify and report potential cases of severe forms of human trafficking during the 2-year period ending on the date of the enactment of this section shall be considered to have met the training requirement in subsection (b)(4) with respect to any employment at that place of accommodation or at any other place of accommodation managed by the same entity. ``(2) Group certification.--A person or entity that manages or franchises multiple places of accommodation may provide a single notice with respect to self-certification under subsection (a) that each such place is in compliance with this section. b) Effective Date.--Section 5712(a) of title 5, United States Code (as added by subsection (a)), shall take effect 180 days after the date of the enactment of this Act. (

To amend title 5, United States Code, to establish a priority for accommodation in places with policies relating to severe forms of human trafficking, and for other purposes. Priority for accommodation in places with certain policies relating to severe forms of human trafficking ``(a) In General.--For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation. and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(c) GSA Requirements.--The Administrator of General Services shall-- ``(1) make available on the website of the General Services Administration, an up-to-date model zero tolerance policy for places of accommodation regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. ``(d) Training Programs.--A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements of subsection (b)(4) if such training program-- ``(1) focuses on identifying and reporting suspected cases of severe forms of human trafficking; and ``(2) was developed in consultation with State governments, survivor leaders, survivor-led anti-trafficking organization, or a nationally recognized organization with expertise in anti- trafficking initiatives. ``(e) Previously Trained Employees.-- ``(1) Training prior to effective date.--Any employee of a place of accommodation who has been trained to identify and report potential cases of severe forms of human trafficking during the 2-year period ending on the date of the enactment of this section shall be considered to have met the training requirement in subsection (b)(4) with respect to any employment at that place of accommodation or at any other place of accommodation managed by the same entity. ``(f) Property-by-Property Implementation.-- ``(1) In general.--Each preferred place of accommodation shall self-certify (in writing) to the Administrator of General Services that such place is in compliance with the requirements of this section. Such self-certification shall occur every 2 years beginning on the date of the enactment of this section. ``(g) Statutory Construction.--No provision in this section that applies to an employee of a place of accommodation shall be construed to apply to an individual who is an independent contractor or otherwise not directly employed by a place of accommodation, unless the contract is for housekeeping, security, front desk, room service, or bell staff, in which case it shall be the responsibility of the service provider to ensure compliance with the requirements set forth in this section. b) Effective Date.--Section 5712(a) of title 5, United States Code (as added by subsection (a)), shall take effect 180 days after the date of the enactment of this Act. (

To amend title 5, United States Code, to establish a priority for accommodation in places with policies relating to severe forms of human trafficking, and for other purposes. Priority for accommodation in places with certain policies relating to severe forms of human trafficking ``(a) In General.--For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation. '; and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(d) Training Programs.--A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements of subsection (b)(4) if such training program-- ``(1) focuses on identifying and reporting suspected cases of severe forms of human trafficking; and ``(2) was developed in consultation with State governments, survivor leaders, survivor-led anti-trafficking organization, or a nationally recognized organization with expertise in anti- trafficking initiatives. ``(e) Previously Trained Employees.-- ``(1) Training prior to effective date.--Any employee of a place of accommodation who has been trained to identify and report potential cases of severe forms of human trafficking during the 2-year period ending on the date of the enactment of this section shall be considered to have met the training requirement in subsection (b)(4) with respect to any employment at that place of accommodation or at any other place of accommodation managed by the same entity. ``(2) Group certification.--A person or entity that manages or franchises multiple places of accommodation may provide a single notice with respect to self-certification under subsection (a) that each such place is in compliance with this section. b) Effective Date.--Section 5712(a) of title 5, United States Code (as added by subsection (a)), shall take effect 180 days after the date of the enactment of this Act. (

To amend title 5, United States Code, to establish a priority for accommodation in places with policies relating to severe forms of human trafficking, and for other purposes. Priority for accommodation in places with certain policies relating to severe forms of human trafficking ``(a) In General.--For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation. ``(d) Training Programs.--A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements of subsection (b)(4) if such training program-- ``(1) focuses on identifying and reporting suspected cases of severe forms of human trafficking; and ``(2) was developed in consultation with State governments, survivor leaders, survivor-led anti-trafficking organization, or a nationally recognized organization with expertise in anti- trafficking initiatives. ``(e) Previously Trained Employees.-- ``(1) Training prior to effective date.--Any employee of a place of accommodation who has been trained to identify and report potential cases of severe forms of human trafficking during the 2-year period ending on the date of the enactment of this section shall be considered to have met the training requirement in subsection (b)(4) with respect to any employment at that place of accommodation or at any other place of accommodation managed by the same entity. ``(g) Statutory Construction.--No provision in this section that applies to an employee of a place of accommodation shall be construed to apply to an individual who is an independent contractor or otherwise not directly employed by a place of accommodation, unless the contract is for housekeeping, security, front desk, room service, or bell staff, in which case it shall be the responsibility of the service provider to ensure compliance with the requirements set forth in this section. b) Effective Date.--Section 5712(a) of title 5, United States Code (as added by subsection (a)), shall take effect 180 days after the date of the enactment of this Act. (

Halting Of Trafficking and Exploitation in Lodging Act of 2022 or the HOTEL Act - Requires each federal agency to ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for its employees are booked in a preferred place of accommodation. Requires a hotel or motel to: (1) enforce a zero-tolerance policy Amends Federal civil service law to: (1) require each preferred place of accommodation to self-certify (in writing) to the Administrator of General Services (GSA) that it is in compliance with this Act; and (2) require the Administrator to report to specified congressional committees on the number of nights the government paid for federal employees in such a place and the corresponding total

H.R.7906

Law

This bill establishes a civil action through which an individual may be disqualified from holding office under Section 3 of the Fourteenth Amendment of the U.S. Constitution. This includes an individual who has engaged in insurrection or rebellion against the United States or has given aid or comfort to the enemies of the United States.

To establish a civil action for disqualification under section 3 of the 14th Amendment to the Constitution, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CIVIL ACTIONS FOR DISQUALIFICATION UNDER SECTION 3 OF THE 14TH AMENDMENT. (a) Responsibilities of the Attorney General.--The Attorney General is authorized to-- (1) investigate conduct that would constitute cause for a disqualification pursuant to section 3 of the 14th Amendment; and (2) bring an action in the United States district court for the District of Columbia seeking declaratory and injunctive relief providing that a candidate seeking an office described in section 3 of the 14th Amendment is disqualified from holding office under section 3 of the 14th Amendment, and preventing that candidate's name from appearing on a ballot in an election for Federal or State office. (b) Actions by Private Persons.-- (1) In general.--A person may bring an action in the United States district court for the District of Columbia seeking the relief described in subsection (a)(2) against an individual described in paragraph (2) who is a candidate for public office if the person is eligible to vote in an election in which the candidate is seeking office and is harmed by the individual's candidacy. (2) Individual described.--An individual described in this subsection is an individual who has engaged in insurrection or rebellion against the United States, or has given aid or comfort to the enemies of the United States. (3) Notice to government.--In the case of an action brought under subsection (b), a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information. (4) Extension.--The Government may, for good cause shown, move the court for extensions of the time to review the complaint, material evidence and information. (5) Determination of government.--Before the expiration of the 60-day period or any extensions obtained under paragraph (4), the Government shall-- (A) proceed with the action, in which case the action shall be conducted by the Government; or (B) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. (c) 3-Judge Panel; Appeals.--An action under this section shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and cause the case to be in every way expedited. (d) Standard of Proof.--The court shall grant the relief described in subsection (a)(2) in an action under subsection (a) or (b) upon a showing, by a preponderance of the evidence, that the defendant should be disqualified from holding office pursuant to section 3 of the 14th Amendment. (e) Chief State Election Officials.--The court may require the joinder, and shall permit the intervention, of a chief State election official (as such term is defined in section 2) having an interest in the action under this section. (f) Rights of the Government.-- (1) Service of process.--If the Government elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action. If the Government so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at the Government's expense). When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the Government to intervene at a later date upon a showing of good cause. (2) Stay of discovery.--Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60-day period upon a further showing in camera that the Government has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings. (g) Insurrection Against the United States.--For purposes of this section-- (1)(A) the January 6, 2021, attack on the United States Capitol Buildings constitutes an insurrection against the United States; (B) the attempt to bypass constitutional order and obstruct through corrupt means the counting of certified electoral votes of the several States under section 15 of title 3, United States Code, on January 6, 2021, with intent to displace the lawfully elected President of the United States or thwart the will of the majority of electors, constitutes an insurrection against the United States; and (C) any person who was a participant in an activity described in paragraph (1) is deemed to have engaged in insurrection. (h) Definitions.--In this section: (1) The term ``participant'' means, with respect to the activity described in subsection (g)(1), any person who-- (A) was physically present within the Capitol Buildings on January 6, 2021, without authorization, who knew or reasonably should have known that their actions would have the effect of disrupting Congressional proceedings or intimidating Members of Congress, the Vice President, or Congressional personnel; (B) gave direction, information, funding, or otherwise provided aid to facilitate access to the Capitol Buildings on January 6, 2021, and knew or should have known there was a reasonable likelihood that the person to whom such direction, information, funding, or other aid was provided, would enter the Capitol Buildings unlawfully for the purpose of disrupting Congressional proceedings or intimidating Members of Congress, the Vice President, or Congressional personnel, from executing of their duties; (C) incited, or attempted to persuade, another to gain unauthorized access to the Capitol Buildings on January 6, 2021, and knew or should have known that the individual incited or persuaded would likely attempt to disrupt Congressional proceedings or intimidate Members of Congress, the Vice President, or Congressional personnel from executing their duties; (D) had the duty or authority to halt the attack on January 6, 2021, but knowingly failed, refused, delayed, or obstructed others in doing so; or (E) conspired or attempted to bypass constitutional order and obstruct through corrupt means the counting of certified electoral votes of the several States under section 15 of title 3, United States Code, on January 6, 2021, with intent to displace the lawfully elected President of the United States or thwart the will of the majority of electors. (2) The term ``candidate'' means an individual who-- (A) uses general public political advertising to publicize his or her intention to campaign for office; (B) raises funds in excess of what could reasonably be expected to be used for exploratory activities or undertakes activities designed to amass campaign funds that would be spent after he or she becomes a candidate; (C) makes or authorizes written or oral statements that refer to him or her as a candidate for a particular office; (D) conducts activities in close proximity to the election or over a protracted period of time; or (E) has taken action to qualify for the ballot under State law. (3) The term ``office, civil or military, under the United States'' includes the Office of the President and Vice President. (4) The term ``officer of the United States'' includes the President and Vice President. (5) The term ``Capitol Buildings'' has the meaning given such term in section 5101 of title 40, United States Code. SEC. 2. FEDERAL OFFENSE. (a) In General.--Whoever, being a chief State election official, places on a ballot in an election for Federal or State office the name of an individual who has been found, pursuant to this Act, to be disqualified from holding public office under section 3 of the 14th Amendment, shall be fined under title 18, United States Code, or imprisoned not more than one year, or both. (b) Definition.--In this section, the term ``chief State election official'' means the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. SEC. 3. SEVERABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of this Act to any other person or circumstance shall not be affected. <all>

To establish a civil action for disqualification under section 3 of the 14th Amendment to the Constitution, and for other purposes.

To establish a civil action for disqualification under section 3 of the 14th Amendment to the Constitution, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To establish a civil action for disqualification under section 3 of the 14th Amendment to the Constitution, and for other purposes.

Rep. Wasserman Schultz, Debbie

D

FL

This bill establishes a civil action through which an individual may be disqualified from holding office under Section 3 of the Fourteenth Amendment of the U.S. Constitution. This includes an individual who has engaged in insurrection or rebellion against the United States or has given aid or comfort to the enemies of the United States.

CIVIL ACTIONS FOR DISQUALIFICATION UNDER SECTION 3 OF THE 14TH AMENDMENT. (b) Actions by Private Persons.-- (1) In general.--A person may bring an action in the United States district court for the District of Columbia seeking the relief described in subsection (a)(2) against an individual described in paragraph (2) who is a candidate for public office if the person is eligible to vote in an election in which the candidate is seeking office and is harmed by the individual's candidacy. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and cause the case to be in every way expedited. Such a showing shall be conducted in camera. (h) Definitions.--In this section: (1) The term ``participant'' means, with respect to the activity described in subsection (g)(1), any person who-- (A) was physically present within the Capitol Buildings on January 6, 2021, without authorization, who knew or reasonably should have known that their actions would have the effect of disrupting Congressional proceedings or intimidating Members of Congress, the Vice President, or Congressional personnel; (B) gave direction, information, funding, or otherwise provided aid to facilitate access to the Capitol Buildings on January 6, 2021, and knew or should have known there was a reasonable likelihood that the person to whom such direction, information, funding, or other aid was provided, would enter the Capitol Buildings unlawfully for the purpose of disrupting Congressional proceedings or intimidating Members of Congress, the Vice President, or Congressional personnel, from executing of their duties; (C) incited, or attempted to persuade, another to gain unauthorized access to the Capitol Buildings on January 6, 2021, and knew or should have known that the individual incited or persuaded would likely attempt to disrupt Congressional proceedings or intimidate Members of Congress, the Vice President, or Congressional personnel from executing their duties; (D) had the duty or authority to halt the attack on January 6, 2021, but knowingly failed, refused, delayed, or obstructed others in doing so; or (E) conspired or attempted to bypass constitutional order and obstruct through corrupt means the counting of certified electoral votes of the several States under section 15 of title 3, United States Code, on January 6, 2021, with intent to displace the lawfully elected President of the United States or thwart the will of the majority of electors. (4) The term ``officer of the United States'' includes the President and Vice President. 2. FEDERAL OFFENSE. SEC. 3. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of this Act to any other person or circumstance shall not be affected.

CIVIL ACTIONS FOR DISQUALIFICATION UNDER SECTION 3 OF THE 14TH AMENDMENT. (b) Actions by Private Persons.-- (1) In general.--A person may bring an action in the United States district court for the District of Columbia seeking the relief described in subsection (a)(2) against an individual described in paragraph (2) who is a candidate for public office if the person is eligible to vote in an election in which the candidate is seeking office and is harmed by the individual's candidacy. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information. Such a showing shall be conducted in camera. (4) The term ``officer of the United States'' includes the President and Vice President. 2. 3.

CIVIL ACTIONS FOR DISQUALIFICATION UNDER SECTION 3 OF THE 14TH AMENDMENT. (b) Actions by Private Persons.-- (1) In general.--A person may bring an action in the United States district court for the District of Columbia seeking the relief described in subsection (a)(2) against an individual described in paragraph (2) who is a candidate for public office if the person is eligible to vote in an election in which the candidate is seeking office and is harmed by the individual's candidacy. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information. (4) Extension.--The Government may, for good cause shown, move the court for extensions of the time to review the complaint, material evidence and information. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and cause the case to be in every way expedited. (e) Chief State Election Officials.--The court may require the joinder, and shall permit the intervention, of a chief State election official (as such term is defined in section 2) having an interest in the action under this section. (f) Rights of the Government.-- (1) Service of process.--If the Government elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action. If the Government so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at the Government's expense). (2) Stay of discovery.--Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. (h) Definitions.--In this section: (1) The term ``participant'' means, with respect to the activity described in subsection (g)(1), any person who-- (A) was physically present within the Capitol Buildings on January 6, 2021, without authorization, who knew or reasonably should have known that their actions would have the effect of disrupting Congressional proceedings or intimidating Members of Congress, the Vice President, or Congressional personnel; (B) gave direction, information, funding, or otherwise provided aid to facilitate access to the Capitol Buildings on January 6, 2021, and knew or should have known there was a reasonable likelihood that the person to whom such direction, information, funding, or other aid was provided, would enter the Capitol Buildings unlawfully for the purpose of disrupting Congressional proceedings or intimidating Members of Congress, the Vice President, or Congressional personnel, from executing of their duties; (C) incited, or attempted to persuade, another to gain unauthorized access to the Capitol Buildings on January 6, 2021, and knew or should have known that the individual incited or persuaded would likely attempt to disrupt Congressional proceedings or intimidate Members of Congress, the Vice President, or Congressional personnel from executing their duties; (D) had the duty or authority to halt the attack on January 6, 2021, but knowingly failed, refused, delayed, or obstructed others in doing so; or (E) conspired or attempted to bypass constitutional order and obstruct through corrupt means the counting of certified electoral votes of the several States under section 15 of title 3, United States Code, on January 6, 2021, with intent to displace the lawfully elected President of the United States or thwart the will of the majority of electors. (4) The term ``officer of the United States'' includes the President and Vice President. 2. FEDERAL OFFENSE. 20509) to be responsible for coordination of the State's responsibilities under such Act. SEC. 3. SEVERABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of this Act to any other person or circumstance shall not be affected.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CIVIL ACTIONS FOR DISQUALIFICATION UNDER SECTION 3 OF THE 14TH AMENDMENT. (b) Actions by Private Persons.-- (1) In general.--A person may bring an action in the United States district court for the District of Columbia seeking the relief described in subsection (a)(2) against an individual described in paragraph (2) who is a candidate for public office if the person is eligible to vote in an election in which the candidate is seeking office and is harmed by the individual's candidacy. (2) Individual described.--An individual described in this subsection is an individual who has engaged in insurrection or rebellion against the United States, or has given aid or comfort to the enemies of the United States. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information. (4) Extension.--The Government may, for good cause shown, move the court for extensions of the time to review the complaint, material evidence and information. (c) 3-Judge Panel; Appeals.--An action under this section shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and cause the case to be in every way expedited. (d) Standard of Proof.--The court shall grant the relief described in subsection (a)(2) in an action under subsection (a) or (b) upon a showing, by a preponderance of the evidence, that the defendant should be disqualified from holding office pursuant to section 3 of the 14th Amendment. (e) Chief State Election Officials.--The court may require the joinder, and shall permit the intervention, of a chief State election official (as such term is defined in section 2) having an interest in the action under this section. (f) Rights of the Government.-- (1) Service of process.--If the Government elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action. If the Government so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at the Government's expense). (2) Stay of discovery.--Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. (h) Definitions.--In this section: (1) The term ``participant'' means, with respect to the activity described in subsection (g)(1), any person who-- (A) was physically present within the Capitol Buildings on January 6, 2021, without authorization, who knew or reasonably should have known that their actions would have the effect of disrupting Congressional proceedings or intimidating Members of Congress, the Vice President, or Congressional personnel; (B) gave direction, information, funding, or otherwise provided aid to facilitate access to the Capitol Buildings on January 6, 2021, and knew or should have known there was a reasonable likelihood that the person to whom such direction, information, funding, or other aid was provided, would enter the Capitol Buildings unlawfully for the purpose of disrupting Congressional proceedings or intimidating Members of Congress, the Vice President, or Congressional personnel, from executing of their duties; (C) incited, or attempted to persuade, another to gain unauthorized access to the Capitol Buildings on January 6, 2021, and knew or should have known that the individual incited or persuaded would likely attempt to disrupt Congressional proceedings or intimidate Members of Congress, the Vice President, or Congressional personnel from executing their duties; (D) had the duty or authority to halt the attack on January 6, 2021, but knowingly failed, refused, delayed, or obstructed others in doing so; or (E) conspired or attempted to bypass constitutional order and obstruct through corrupt means the counting of certified electoral votes of the several States under section 15 of title 3, United States Code, on January 6, 2021, with intent to displace the lawfully elected President of the United States or thwart the will of the majority of electors. (2) The term ``candidate'' means an individual who-- (A) uses general public political advertising to publicize his or her intention to campaign for office; (B) raises funds in excess of what could reasonably be expected to be used for exploratory activities or undertakes activities designed to amass campaign funds that would be spent after he or she becomes a candidate; (C) makes or authorizes written or oral statements that refer to him or her as a candidate for a particular office; (D) conducts activities in close proximity to the election or over a protracted period of time; or (E) has taken action to qualify for the ballot under State law. (4) The term ``officer of the United States'' includes the President and Vice President. (5) The term ``Capitol Buildings'' has the meaning given such term in section 5101 of title 40, United States Code. 2. FEDERAL OFFENSE. 20509) to be responsible for coordination of the State's responsibilities under such Act. SEC. 3. SEVERABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of this Act to any other person or circumstance shall not be affected.

To establish a civil action for disqualification under section 3 of the 14th Amendment to the Constitution, and for other purposes. b) Actions by Private Persons.-- (1) In general.--A person may bring an action in the United States district court for the District of Columbia seeking the relief described in subsection (a)(2) against an individual described in paragraph (2) who is a candidate for public office if the person is eligible to vote in an election in which the candidate is seeking office and is harmed by the individual's candidacy. (2) Individual described.--An individual described in this subsection is an individual who has engaged in insurrection or rebellion against the United States, or has given aid or comfort to the enemies of the United States. ( 3) Notice to government.--In the case of an action brought under subsection (b), a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and cause the case to be in every way expedited. ( e) Chief State Election Officials.--The court may require the joinder, and shall permit the intervention, of a chief State election official (as such term is defined in section 2) having an interest in the action under this section. ( (2) Stay of discovery.--Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. 3) The term ``office, civil or military, under the United States'' includes the Office of the President and Vice President. ( 5) The term ``Capitol Buildings'' has the meaning given such term in section 5101 of title 40, United States Code. (b) Definition.--In this section, the term ``chief State election official'' means the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of this Act to any other person or circumstance shall not be affected.

To establish a civil action for disqualification under section 3 of the 14th Amendment to the Constitution, and for other purposes. 3) Notice to government.--In the case of an action brought under subsection (b), a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. (5) Determination of government.--Before the expiration of the 60-day period or any extensions obtained under paragraph (4), the Government shall-- (A) proceed with the action, in which case the action shall be conducted by the Government; or (B) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. ( d) Standard of Proof.--The court shall grant the relief described in subsection (a)(2) in an action under subsection (a) or (b) upon a showing, by a preponderance of the evidence, that the defendant should be disqualified from holding office pursuant to section 3 of the 14th Amendment. ( (2) Stay of discovery.--Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. 3) The term ``office, civil or military, under the United States'' includes the Office of the President and Vice President. ( b) Definition.--In this section, the term ``chief State election official'' means the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act.

To establish a civil action for disqualification under section 3 of the 14th Amendment to the Constitution, and for other purposes. 3) Notice to government.--In the case of an action brought under subsection (b), a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. (5) Determination of government.--Before the expiration of the 60-day period or any extensions obtained under paragraph (4), the Government shall-- (A) proceed with the action, in which case the action shall be conducted by the Government; or (B) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. ( d) Standard of Proof.--The court shall grant the relief described in subsection (a)(2) in an action under subsection (a) or (b) upon a showing, by a preponderance of the evidence, that the defendant should be disqualified from holding office pursuant to section 3 of the 14th Amendment. ( (2) Stay of discovery.--Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. 3) The term ``office, civil or military, under the United States'' includes the Office of the President and Vice President. ( b) Definition.--In this section, the term ``chief State election official'' means the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act.

To establish a civil action for disqualification under section 3 of the 14th Amendment to the Constitution, and for other purposes. b) Actions by Private Persons.-- (1) In general.--A person may bring an action in the United States district court for the District of Columbia seeking the relief described in subsection (a)(2) against an individual described in paragraph (2) who is a candidate for public office if the person is eligible to vote in an election in which the candidate is seeking office and is harmed by the individual's candidacy. (2) Individual described.--An individual described in this subsection is an individual who has engaged in insurrection or rebellion against the United States, or has given aid or comfort to the enemies of the United States. ( 3) Notice to government.--In the case of an action brought under subsection (b), a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and cause the case to be in every way expedited. ( e) Chief State Election Officials.--The court may require the joinder, and shall permit the intervention, of a chief State election official (as such term is defined in section 2) having an interest in the action under this section. ( (2) Stay of discovery.--Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. 3) The term ``office, civil or military, under the United States'' includes the Office of the President and Vice President. ( 5) The term ``Capitol Buildings'' has the meaning given such term in section 5101 of title 40, United States Code. (b) Definition.--In this section, the term ``chief State election official'' means the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of this Act to any other person or circumstance shall not be affected.

To establish a civil action for disqualification under section 3 of the 14th Amendment to the Constitution, and for other purposes. 3) Notice to government.--In the case of an action brought under subsection (b), a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. (5) Determination of government.--Before the expiration of the 60-day period or any extensions obtained under paragraph (4), the Government shall-- (A) proceed with the action, in which case the action shall be conducted by the Government; or (B) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. ( d) Standard of Proof.--The court shall grant the relief described in subsection (a)(2) in an action under subsection (a) or (b) upon a showing, by a preponderance of the evidence, that the defendant should be disqualified from holding office pursuant to section 3 of the 14th Amendment. ( (2) Stay of discovery.--Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. 3) The term ``office, civil or military, under the United States'' includes the Office of the President and Vice President. ( b) Definition.--In this section, the term ``chief State election official'' means the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act.

To establish a civil action for disqualification under section 3 of the 14th Amendment to the Constitution, and for other purposes. b) Actions by Private Persons.-- (1) In general.--A person may bring an action in the United States district court for the District of Columbia seeking the relief described in subsection (a)(2) against an individual described in paragraph (2) who is a candidate for public office if the person is eligible to vote in an election in which the candidate is seeking office and is harmed by the individual's candidacy. (2) Individual described.--An individual described in this subsection is an individual who has engaged in insurrection or rebellion against the United States, or has given aid or comfort to the enemies of the United States. ( 3) Notice to government.--In the case of an action brought under subsection (b), a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and cause the case to be in every way expedited. ( e) Chief State Election Officials.--The court may require the joinder, and shall permit the intervention, of a chief State election official (as such term is defined in section 2) having an interest in the action under this section. ( (2) Stay of discovery.--Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. 3) The term ``office, civil or military, under the United States'' includes the Office of the President and Vice President. ( 5) The term ``Capitol Buildings'' has the meaning given such term in section 5101 of title 40, United States Code. (b) Definition.--In this section, the term ``chief State election official'' means the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of this Act to any other person or circumstance shall not be affected.

To establish a civil action for disqualification under section 3 of the 14th Amendment to the Constitution, and for other purposes. 3) Notice to government.--In the case of an action brought under subsection (b), a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. (5) Determination of government.--Before the expiration of the 60-day period or any extensions obtained under paragraph (4), the Government shall-- (A) proceed with the action, in which case the action shall be conducted by the Government; or (B) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. ( d) Standard of Proof.--The court shall grant the relief described in subsection (a)(2) in an action under subsection (a) or (b) upon a showing, by a preponderance of the evidence, that the defendant should be disqualified from holding office pursuant to section 3 of the 14th Amendment. ( (2) Stay of discovery.--Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. 3) The term ``office, civil or military, under the United States'' includes the Office of the President and Vice President. ( b) Definition.--In this section, the term ``chief State election official'' means the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act.

To establish a civil action for disqualification under section 3 of the 14th Amendment to the Constitution, and for other purposes. b) Actions by Private Persons.-- (1) In general.--A person may bring an action in the United States district court for the District of Columbia seeking the relief described in subsection (a)(2) against an individual described in paragraph (2) who is a candidate for public office if the person is eligible to vote in an election in which the candidate is seeking office and is harmed by the individual's candidacy. (2) Individual described.--An individual described in this subsection is an individual who has engaged in insurrection or rebellion against the United States, or has given aid or comfort to the enemies of the United States. ( 3) Notice to government.--In the case of an action brought under subsection (b), a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and cause the case to be in every way expedited. ( e) Chief State Election Officials.--The court may require the joinder, and shall permit the intervention, of a chief State election official (as such term is defined in section 2) having an interest in the action under this section. ( (2) Stay of discovery.--Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. 3) The term ``office, civil or military, under the United States'' includes the Office of the President and Vice President. ( 5) The term ``Capitol Buildings'' has the meaning given such term in section 5101 of title 40, United States Code. (b) Definition.--In this section, the term ``chief State election official'' means the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of this Act to any other person or circumstance shall not be affected.

To establish a civil action for disqualification under section 3 of the 14th Amendment to the Constitution, and for other purposes. 3) Notice to government.--In the case of an action brought under subsection (b), a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. (5) Determination of government.--Before the expiration of the 60-day period or any extensions obtained under paragraph (4), the Government shall-- (A) proceed with the action, in which case the action shall be conducted by the Government; or (B) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. ( d) Standard of Proof.--The court shall grant the relief described in subsection (a)(2) in an action under subsection (a) or (b) upon a showing, by a preponderance of the evidence, that the defendant should be disqualified from holding office pursuant to section 3 of the 14th Amendment. ( (2) Stay of discovery.--Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. 3) The term ``office, civil or military, under the United States'' includes the Office of the President and Vice President. ( b) Definition.--In this section, the term ``chief State election official'' means the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act.

To establish a civil action for disqualification under section 3 of the 14th Amendment to the Constitution, and for other purposes. 3) Notice to government.--In the case of an action brought under subsection (b), a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. ( e) Chief State Election Officials.--The court may require the joinder, and shall permit the intervention, of a chief State election official (as such term is defined in section 2) having an interest in the action under this section. ( ( b) Definition.--In this section, the term ``chief State election official'' means the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act.

Amends the 14th Amendment to authorize the Attorney General to investigate conduct that would constitute cause for a disqualification of a candidate for public office and to bring an action in the U.S. district court for the District of Columbia seeking declaratory and injunctive relief providing that such candidate is disqualified from holding office and preventing that candidate's name from appearing on a ballot in an Directs a chief State election official who places on a ballot in an election for Federal or State office the name of an individual who has been found, pursuant to this Act, to be disqualified from holding public office under the 14th Amendment to be fined under the Federal criminal code or imprisoned for up to one year or both. (Sec. 2) Prohibits the counting

S.1670

Taxation

Credit for Caring Act of 2021 This bill allows an eligible caregiver a tax credit of up to $5,000 for 30% of the cost of long-term care expenses that exceed $2,000 in a taxable year. The bill defines eligible caregiver as an individual who has earned income for the taxable year in excess of $7,500 and pays or incurs expenses for providing care to a spouse or other dependent relative with long-term care needs.

To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit for Caring Act of 2021''. SEC. 2. CREDIT FOR WORKING FAMILY CAREGIVERS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. WORKING FAMILY CAREGIVERS. ``(a) Allowance of Credit.--In the case of an eligible caregiver, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent of the qualified expenses paid by the taxpayer during the taxable year to the extent that such expenses exceed $2,000. ``(b) Limitation.-- ``(1) In general.--The amount allowed as a credit under subsection (a) for the taxable year shall not exceed $5,000. ``(2) Adjustment for inflation.--In the case of any taxable year beginning after 2021, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `2020' for `1996' in subclause (II) thereof. If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(c) Eligible Caregiver.--For purposes of this section, the term `eligible caregiver' means an individual who-- ``(1) during the taxable year pays or incurs qualified expenses in connection with providing care for a qualified care recipient, and ``(2) has earned income (as defined in section 32(c)(2)) for the taxable year in excess of $7,500. ``(d) Qualified Care Recipient.--For purposes of this section-- ``(1) In general.--The term `qualified care recipient' means, with respect to any taxable year, any individual who-- ``(A) is the spouse of the eligible caregiver, or any other person who bears a relationship to the eligible caregiver described in any of subparagraphs (A) through (H) of section 152(d)(2), and ``(B) has been certified, before the due date for filing the return of tax for the taxable year, by a licensed health care practitioner (as defined in section 7702B(c)(4)) as being an individual with long- term care needs described in paragraph (3) for a period-- ``(i) which is at least 180 consecutive days, and ``(ii) a portion of which occurs within the taxable year. ``(2) Period for making certification.--Notwithstanding paragraph (1)(B), a certification shall not be treated as valid unless it is made within the 39\1/2\-month period ending on such due date (or such other period as the Secretary prescribes). ``(3) Individuals with long-term care needs.--An individual is described in this paragraph if the individual meets any of the following requirements: ``(A) The individual is at least 6 years of age and-- ``(i) is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(ii) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(B) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(C) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(e) Qualified Expenses.--For purposes of this section-- ``(1) In general.--Subject to paragraph (4), the term `qualified expenses' means expenditures for goods, services, and supports that-- ``(A) assist a qualified care recipient with accomplishing activities of daily living (as defined in section 7702B(c)(2)(B)) and instrumental activities of daily living (as defined in section 1915(k)(6)(F) of the Social Security Act (42 U.S.C. 1396n(k)(6)(F))), and ``(B) are provided solely for use by such qualified care recipient. ``(2) Adjustment for other tax benefits.--The amount of qualified expenses otherwise taken into account under paragraph (1) with respect to an individual shall be reduced by the sum of any amounts paid for the benefit of such individual for the taxable year which are-- ``(A) taken into account under section 21 or 213, or ``(B) excluded from gross income under section 129, 223(f), or 529A(c)(1)(B). ``(3) Goods, services, and supports.--For purposes of paragraph (1), goods, services, and supports (as defined by the Secretary) shall include-- ``(A) human assistance, supervision, cuing and standby assistance, ``(B) assistive technologies and devices (including remote health monitoring), ``(C) environmental modifications (including home modifications), ``(D) health maintenance tasks (such as medication management), ``(E) information, ``(F) transportation of the qualified care recipient, ``(G) nonhealth items (such as incontinence supplies), and ``(H) coordination of and services for people who live in their own home, a residential setting, or a nursing facility, as well as the cost of care in these or other locations. ``(4) Qualified expenses for eligible caregivers.--For purposes of paragraph (1), the following shall be treated as qualified expenses if paid or incurred by an eligible caregiver: ``(A) Expenditures for respite care for a qualified care recipient. ``(B) Expenditures for counseling, support groups, or training relating to caring for a qualified care recipient. ``(C) Lost wages for unpaid time off due to caring for a qualified care recipient as verified by an employer. ``(D) Travel costs of the eligible caregiver related to caring for a qualified care recipient. ``(E) Expenditures for technologies, as determined by the Secretary, that assist an eligible caregiver in providing care for a qualified care recipient. ``(5) Human assistance.--The term `human assistance' includes the costs of a direct care worker. ``(6) Documentation.--An expense shall not be taken into account under this section unless the eligible caregiver substantiates such expense under such regulations or guidance as the Secretary shall provide. ``(7) Mileage rate.--For purposes of this section, the mileage rate for the use of a passenger automobile shall be the standard mileage rate used to calculate the deductible costs of operating an automobile for medical purposes. Such rate may be used in lieu of actual automobile-related travel expenses. ``(8) Coordination with able accounts.--Qualified expenses for a taxable year shall not include contributions to an ABLE account (as defined in section 529A). ``(f) Phase Out Based on Adjusted Gross Income.--For purposes of this section-- ``(1) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(3) Threshold amount.--The term `threshold amount' means-- ``(A) $150,000 in the case of a joint return, and ``(B) $75,000 in any other case. ``(4) Indexing.--In the case of any taxable year beginning in a calendar year after 2021, each dollar amount contained in paragraph (3) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(5) Rounding rule.--If any increase determined under paragraph (4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(g) Identification of Eligible Caregiver With Care Recipient (Qualified Care Recipient) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the licensed health care practitioner certifying such individual, on the return of tax for the taxable year.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Working family caregivers.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. <all>

Credit for Caring Act of 2021

A bill to amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers.

Credit for Caring Act of 2021

Sen. Ernst, Joni

R

IA

This bill allows an eligible caregiver a tax credit of up to $5,000 for 30% of the cost of long-term care expenses that exceed $2,000 in a taxable year. The bill defines eligible caregiver as an individual who has earned income for the taxable year in excess of $7,500 and pays or incurs expenses for providing care to a spouse or other dependent relative with long-term care needs.

This Act may be cited as the ``Credit for Caring Act of 2021''. SEC. WORKING FAMILY CAREGIVERS. ``(b) Limitation.-- ``(1) In general.--The amount allowed as a credit under subsection (a) for the taxable year shall not exceed $5,000. ``(c) Eligible Caregiver.--For purposes of this section, the term `eligible caregiver' means an individual who-- ``(1) during the taxable year pays or incurs qualified expenses in connection with providing care for a qualified care recipient, and ``(2) has earned income (as defined in section 32(c)(2)) for the taxable year in excess of $7,500. ``(3) Individuals with long-term care needs.--An individual is described in this paragraph if the individual meets any of the following requirements: ``(A) The individual is at least 6 years of age and-- ``(i) is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(ii) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(5) Human assistance.--The term `human assistance' includes the costs of a direct care worker. ``(7) Mileage rate.--For purposes of this section, the mileage rate for the use of a passenger automobile shall be the standard mileage rate used to calculate the deductible costs of operating an automobile for medical purposes. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(4) Indexing.--In the case of any taxable year beginning in a calendar year after 2021, each dollar amount contained in paragraph (3) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(5) Rounding rule.--If any increase determined under paragraph (4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E.

This Act may be cited as the ``Credit for Caring Act of 2021''. SEC. WORKING FAMILY CAREGIVERS. ``(b) Limitation.-- ``(1) In general.--The amount allowed as a credit under subsection (a) for the taxable year shall not exceed $5,000. ``(c) Eligible Caregiver.--For purposes of this section, the term `eligible caregiver' means an individual who-- ``(1) during the taxable year pays or incurs qualified expenses in connection with providing care for a qualified care recipient, and ``(2) has earned income (as defined in section 32(c)(2)) for the taxable year in excess of $7,500. ``(3) Individuals with long-term care needs.--An individual is described in this paragraph if the individual meets any of the following requirements: ``(A) The individual is at least 6 years of age and-- ``(i) is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(ii) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(5) Human assistance.--The term `human assistance' includes the costs of a direct care worker. ``(7) Mileage rate.--For purposes of this section, the mileage rate for the use of a passenger automobile shall be the standard mileage rate used to calculate the deductible costs of operating an automobile for medical purposes. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(5) Rounding rule.--If any increase determined under paragraph (4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. 25E.

To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit for Caring Act of 2021''. SEC. WORKING FAMILY CAREGIVERS. ``(b) Limitation.-- ``(1) In general.--The amount allowed as a credit under subsection (a) for the taxable year shall not exceed $5,000. ``(c) Eligible Caregiver.--For purposes of this section, the term `eligible caregiver' means an individual who-- ``(1) during the taxable year pays or incurs qualified expenses in connection with providing care for a qualified care recipient, and ``(2) has earned income (as defined in section 32(c)(2)) for the taxable year in excess of $7,500. ``(2) Period for making certification.--Notwithstanding paragraph (1)(B), a certification shall not be treated as valid unless it is made within the 39\1/2\-month period ending on such due date (or such other period as the Secretary prescribes). ``(3) Individuals with long-term care needs.--An individual is described in this paragraph if the individual meets any of the following requirements: ``(A) The individual is at least 6 years of age and-- ``(i) is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(ii) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(3) Goods, services, and supports.--For purposes of paragraph (1), goods, services, and supports (as defined by the Secretary) shall include-- ``(A) human assistance, supervision, cuing and standby assistance, ``(B) assistive technologies and devices (including remote health monitoring), ``(C) environmental modifications (including home modifications), ``(D) health maintenance tasks (such as medication management), ``(E) information, ``(F) transportation of the qualified care recipient, ``(G) nonhealth items (such as incontinence supplies), and ``(H) coordination of and services for people who live in their own home, a residential setting, or a nursing facility, as well as the cost of care in these or other locations. ``(B) Expenditures for counseling, support groups, or training relating to caring for a qualified care recipient. ``(5) Human assistance.--The term `human assistance' includes the costs of a direct care worker. ``(7) Mileage rate.--For purposes of this section, the mileage rate for the use of a passenger automobile shall be the standard mileage rate used to calculate the deductible costs of operating an automobile for medical purposes. ``(8) Coordination with able accounts.--Qualified expenses for a taxable year shall not include contributions to an ABLE account (as defined in section 529A). ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(4) Indexing.--In the case of any taxable year beginning in a calendar year after 2021, each dollar amount contained in paragraph (3) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(5) Rounding rule.--If any increase determined under paragraph (4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(g) Identification of Eligible Caregiver With Care Recipient (Qualified Care Recipient) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the licensed health care practitioner certifying such individual, on the return of tax for the taxable year.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E.

To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit for Caring Act of 2021''. SEC. WORKING FAMILY CAREGIVERS. ``(b) Limitation.-- ``(1) In general.--The amount allowed as a credit under subsection (a) for the taxable year shall not exceed $5,000. ``(c) Eligible Caregiver.--For purposes of this section, the term `eligible caregiver' means an individual who-- ``(1) during the taxable year pays or incurs qualified expenses in connection with providing care for a qualified care recipient, and ``(2) has earned income (as defined in section 32(c)(2)) for the taxable year in excess of $7,500. ``(2) Period for making certification.--Notwithstanding paragraph (1)(B), a certification shall not be treated as valid unless it is made within the 39\1/2\-month period ending on such due date (or such other period as the Secretary prescribes). ``(3) Individuals with long-term care needs.--An individual is described in this paragraph if the individual meets any of the following requirements: ``(A) The individual is at least 6 years of age and-- ``(i) is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(ii) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(C) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. 1396n(k)(6)(F))), and ``(B) are provided solely for use by such qualified care recipient. ``(2) Adjustment for other tax benefits.--The amount of qualified expenses otherwise taken into account under paragraph (1) with respect to an individual shall be reduced by the sum of any amounts paid for the benefit of such individual for the taxable year which are-- ``(A) taken into account under section 21 or 213, or ``(B) excluded from gross income under section 129, 223(f), or 529A(c)(1)(B). ``(3) Goods, services, and supports.--For purposes of paragraph (1), goods, services, and supports (as defined by the Secretary) shall include-- ``(A) human assistance, supervision, cuing and standby assistance, ``(B) assistive technologies and devices (including remote health monitoring), ``(C) environmental modifications (including home modifications), ``(D) health maintenance tasks (such as medication management), ``(E) information, ``(F) transportation of the qualified care recipient, ``(G) nonhealth items (such as incontinence supplies), and ``(H) coordination of and services for people who live in their own home, a residential setting, or a nursing facility, as well as the cost of care in these or other locations. ``(B) Expenditures for counseling, support groups, or training relating to caring for a qualified care recipient. ``(C) Lost wages for unpaid time off due to caring for a qualified care recipient as verified by an employer. ``(5) Human assistance.--The term `human assistance' includes the costs of a direct care worker. ``(7) Mileage rate.--For purposes of this section, the mileage rate for the use of a passenger automobile shall be the standard mileage rate used to calculate the deductible costs of operating an automobile for medical purposes. Such rate may be used in lieu of actual automobile-related travel expenses. ``(8) Coordination with able accounts.--Qualified expenses for a taxable year shall not include contributions to an ABLE account (as defined in section 529A). ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(3) Threshold amount.--The term `threshold amount' means-- ``(A) $150,000 in the case of a joint return, and ``(B) $75,000 in any other case. ``(4) Indexing.--In the case of any taxable year beginning in a calendar year after 2021, each dollar amount contained in paragraph (3) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(5) Rounding rule.--If any increase determined under paragraph (4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(g) Identification of Eligible Caregiver With Care Recipient (Qualified Care Recipient) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the licensed health care practitioner certifying such individual, on the return of tax for the taxable year.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020.

To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers. ``(2) Adjustment for inflation.--In the case of any taxable year beginning after 2021, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `2020' for `1996' in subclause (II) thereof. If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(c) Eligible Caregiver.--For purposes of this section, the term `eligible caregiver' means an individual who-- ``(1) during the taxable year pays or incurs qualified expenses in connection with providing care for a qualified care recipient, and ``(2) has earned income (as defined in section 32(c)(2)) for the taxable year in excess of $7,500. ``(2) Period for making certification.--Notwithstanding paragraph (1)(B), a certification shall not be treated as valid unless it is made within the 39\1/2\-month period ending on such due date (or such other period as the Secretary prescribes). ``(B) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(C) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(2) Adjustment for other tax benefits.--The amount of qualified expenses otherwise taken into account under paragraph (1) with respect to an individual shall be reduced by the sum of any amounts paid for the benefit of such individual for the taxable year which are-- ``(A) taken into account under section 21 or 213, or ``(B) excluded from gross income under section 129, 223(f), or 529A(c)(1)(B). ``(4) Qualified expenses for eligible caregivers.--For purposes of paragraph (1), the following shall be treated as qualified expenses if paid or incurred by an eligible caregiver: ``(A) Expenditures for respite care for a qualified care recipient. ``(C) Lost wages for unpaid time off due to caring for a qualified care recipient as verified by an employer. ``(6) Documentation.--An expense shall not be taken into account under this section unless the eligible caregiver substantiates such expense under such regulations or guidance as the Secretary shall provide. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(4) Indexing.--In the case of any taxable year beginning in a calendar year after 2021, each dollar amount contained in paragraph (3) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(g) Identification of Eligible Caregiver With Care Recipient (Qualified Care Recipient) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the licensed health care practitioner certifying such individual, on the return of tax for the taxable year.''. (

To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers. 25E. WORKING FAMILY CAREGIVERS. ``(2) Adjustment for inflation.--In the case of any taxable year beginning after 2021, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `2020' for `1996' in subclause (II) thereof. ``(2) Period for making certification.--Notwithstanding paragraph (1)(B), a certification shall not be treated as valid unless it is made within the 39\1/2\-month period ending on such due date (or such other period as the Secretary prescribes). ``(B) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(C) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(e) Qualified Expenses.--For purposes of this section-- ``(1) In general.--Subject to paragraph (4), the term `qualified expenses' means expenditures for goods, services, and supports that-- ``(A) assist a qualified care recipient with accomplishing activities of daily living (as defined in section 7702B(c)(2)(B)) and instrumental activities of daily living (as defined in section 1915(k)(6)(F) of the Social Security Act (42 U.S.C. 1396n(k)(6)(F))), and ``(B) are provided solely for use by such qualified care recipient. ``(C) Lost wages for unpaid time off due to caring for a qualified care recipient as verified by an employer. ``(8) Coordination with able accounts.--Qualified expenses for a taxable year shall not include contributions to an ABLE account (as defined in section 529A). ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(5) Rounding rule.--If any increase determined under paragraph (4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(g) Identification of Eligible Caregiver With Care Recipient (Qualified Care Recipient) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the licensed health care practitioner certifying such individual, on the return of tax for the taxable year.''. (

To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers. 25E. WORKING FAMILY CAREGIVERS. ``(2) Adjustment for inflation.--In the case of any taxable year beginning after 2021, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `2020' for `1996' in subclause (II) thereof. ``(2) Period for making certification.--Notwithstanding paragraph (1)(B), a certification shall not be treated as valid unless it is made within the 39\1/2\-month period ending on such due date (or such other period as the Secretary prescribes). ``(B) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(C) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(e) Qualified Expenses.--For purposes of this section-- ``(1) In general.--Subject to paragraph (4), the term `qualified expenses' means expenditures for goods, services, and supports that-- ``(A) assist a qualified care recipient with accomplishing activities of daily living (as defined in section 7702B(c)(2)(B)) and instrumental activities of daily living (as defined in section 1915(k)(6)(F) of the Social Security Act (42 U.S.C. 1396n(k)(6)(F))), and ``(B) are provided solely for use by such qualified care recipient. ``(C) Lost wages for unpaid time off due to caring for a qualified care recipient as verified by an employer. ``(8) Coordination with able accounts.--Qualified expenses for a taxable year shall not include contributions to an ABLE account (as defined in section 529A). ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(5) Rounding rule.--If any increase determined under paragraph (4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(g) Identification of Eligible Caregiver With Care Recipient (Qualified Care Recipient) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the licensed health care practitioner certifying such individual, on the return of tax for the taxable year.''. (

To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers. ``(2) Adjustment for inflation.--In the case of any taxable year beginning after 2021, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `2020' for `1996' in subclause (II) thereof. If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(c) Eligible Caregiver.--For purposes of this section, the term `eligible caregiver' means an individual who-- ``(1) during the taxable year pays or incurs qualified expenses in connection with providing care for a qualified care recipient, and ``(2) has earned income (as defined in section 32(c)(2)) for the taxable year in excess of $7,500. ``(2) Period for making certification.--Notwithstanding paragraph (1)(B), a certification shall not be treated as valid unless it is made within the 39\1/2\-month period ending on such due date (or such other period as the Secretary prescribes). ``(B) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(C) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(2) Adjustment for other tax benefits.--The amount of qualified expenses otherwise taken into account under paragraph (1) with respect to an individual shall be reduced by the sum of any amounts paid for the benefit of such individual for the taxable year which are-- ``(A) taken into account under section 21 or 213, or ``(B) excluded from gross income under section 129, 223(f), or 529A(c)(1)(B). ``(4) Qualified expenses for eligible caregivers.--For purposes of paragraph (1), the following shall be treated as qualified expenses if paid or incurred by an eligible caregiver: ``(A) Expenditures for respite care for a qualified care recipient. ``(C) Lost wages for unpaid time off due to caring for a qualified care recipient as verified by an employer. ``(6) Documentation.--An expense shall not be taken into account under this section unless the eligible caregiver substantiates such expense under such regulations or guidance as the Secretary shall provide. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(4) Indexing.--In the case of any taxable year beginning in a calendar year after 2021, each dollar amount contained in paragraph (3) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(g) Identification of Eligible Caregiver With Care Recipient (Qualified Care Recipient) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the licensed health care practitioner certifying such individual, on the return of tax for the taxable year.''. (

To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers. 25E. WORKING FAMILY CAREGIVERS. ``(2) Adjustment for inflation.--In the case of any taxable year beginning after 2021, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `2020' for `1996' in subclause (II) thereof. ``(2) Period for making certification.--Notwithstanding paragraph (1)(B), a certification shall not be treated as valid unless it is made within the 39\1/2\-month period ending on such due date (or such other period as the Secretary prescribes). ``(B) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(C) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(e) Qualified Expenses.--For purposes of this section-- ``(1) In general.--Subject to paragraph (4), the term `qualified expenses' means expenditures for goods, services, and supports that-- ``(A) assist a qualified care recipient with accomplishing activities of daily living (as defined in section 7702B(c)(2)(B)) and instrumental activities of daily living (as defined in section 1915(k)(6)(F) of the Social Security Act (42 U.S.C. 1396n(k)(6)(F))), and ``(B) are provided solely for use by such qualified care recipient. ``(C) Lost wages for unpaid time off due to caring for a qualified care recipient as verified by an employer. ``(8) Coordination with able accounts.--Qualified expenses for a taxable year shall not include contributions to an ABLE account (as defined in section 529A). ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(5) Rounding rule.--If any increase determined under paragraph (4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(g) Identification of Eligible Caregiver With Care Recipient (Qualified Care Recipient) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the licensed health care practitioner certifying such individual, on the return of tax for the taxable year.''. (

To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers. ``(2) Adjustment for inflation.--In the case of any taxable year beginning after 2021, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `2020' for `1996' in subclause (II) thereof. If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(c) Eligible Caregiver.--For purposes of this section, the term `eligible caregiver' means an individual who-- ``(1) during the taxable year pays or incurs qualified expenses in connection with providing care for a qualified care recipient, and ``(2) has earned income (as defined in section 32(c)(2)) for the taxable year in excess of $7,500. ``(2) Period for making certification.--Notwithstanding paragraph (1)(B), a certification shall not be treated as valid unless it is made within the 39\1/2\-month period ending on such due date (or such other period as the Secretary prescribes). ``(B) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(C) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(2) Adjustment for other tax benefits.--The amount of qualified expenses otherwise taken into account under paragraph (1) with respect to an individual shall be reduced by the sum of any amounts paid for the benefit of such individual for the taxable year which are-- ``(A) taken into account under section 21 or 213, or ``(B) excluded from gross income under section 129, 223(f), or 529A(c)(1)(B). ``(4) Qualified expenses for eligible caregivers.--For purposes of paragraph (1), the following shall be treated as qualified expenses if paid or incurred by an eligible caregiver: ``(A) Expenditures for respite care for a qualified care recipient. ``(C) Lost wages for unpaid time off due to caring for a qualified care recipient as verified by an employer. ``(6) Documentation.--An expense shall not be taken into account under this section unless the eligible caregiver substantiates such expense under such regulations or guidance as the Secretary shall provide. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(4) Indexing.--In the case of any taxable year beginning in a calendar year after 2021, each dollar amount contained in paragraph (3) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(g) Identification of Eligible Caregiver With Care Recipient (Qualified Care Recipient) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the licensed health care practitioner certifying such individual, on the return of tax for the taxable year.''. (

To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers. 25E. WORKING FAMILY CAREGIVERS. ``(2) Adjustment for inflation.--In the case of any taxable year beginning after 2021, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `2020' for `1996' in subclause (II) thereof. ``(2) Period for making certification.--Notwithstanding paragraph (1)(B), a certification shall not be treated as valid unless it is made within the 39\1/2\-month period ending on such due date (or such other period as the Secretary prescribes). ``(B) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(C) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(e) Qualified Expenses.--For purposes of this section-- ``(1) In general.--Subject to paragraph (4), the term `qualified expenses' means expenditures for goods, services, and supports that-- ``(A) assist a qualified care recipient with accomplishing activities of daily living (as defined in section 7702B(c)(2)(B)) and instrumental activities of daily living (as defined in section 1915(k)(6)(F) of the Social Security Act (42 U.S.C. 1396n(k)(6)(F))), and ``(B) are provided solely for use by such qualified care recipient. ``(C) Lost wages for unpaid time off due to caring for a qualified care recipient as verified by an employer. ``(8) Coordination with able accounts.--Qualified expenses for a taxable year shall not include contributions to an ABLE account (as defined in section 529A). ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(5) Rounding rule.--If any increase determined under paragraph (4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. ``(g) Identification of Eligible Caregiver With Care Recipient (Qualified Care Recipient) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the licensed health care practitioner certifying such individual, on the return of tax for the taxable year.''. (

To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers. ``(2) Adjustment for inflation.--In the case of any taxable year beginning after 2021, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `2020' for `1996' in subclause (II) thereof. ``(B) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(2) Adjustment for other tax benefits.--The amount of qualified expenses otherwise taken into account under paragraph (1) with respect to an individual shall be reduced by the sum of any amounts paid for the benefit of such individual for the taxable year which are-- ``(A) taken into account under section 21 or 213, or ``(B) excluded from gross income under section 129, 223(f), or 529A(c)(1)(B). ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(4) Indexing.--In the case of any taxable year beginning in a calendar year after 2021, each dollar amount contained in paragraph (3) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof.

To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers. ``(2) Adjustment for inflation.--In the case of any taxable year beginning after 2021, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `2020' for `1996' in subclause (II) thereof. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(5) Rounding rule.--If any increase determined under paragraph (4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.

To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers. ``(2) Adjustment for inflation.--In the case of any taxable year beginning after 2021, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `2020' for `1996' in subclause (II) thereof. ``(B) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(2) Adjustment for other tax benefits.--The amount of qualified expenses otherwise taken into account under paragraph (1) with respect to an individual shall be reduced by the sum of any amounts paid for the benefit of such individual for the taxable year which are-- ``(A) taken into account under section 21 or 213, or ``(B) excluded from gross income under section 129, 223(f), or 529A(c)(1)(B). ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(4) Indexing.--In the case of any taxable year beginning in a calendar year after 2021, each dollar amount contained in paragraph (3) shall be increased by an amount equal to the product of-- ``(A) such dollar amount, and ``(B) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof.

Credit for Caring Act of 2021 - Amends the Internal Revenue Code to provide a nonrefundable tax credit for working family caregivers. (Currently, such credit is limited to $5,000.) (Sec. 2) Increases the amount of such credit for taxable years beginning after 2021 to $2,000, with an inflation adjustment for medical care costs. (Sec Amends the Internal Revenue Code to allow a tax credit for expenses incurred by a working family caregiver for respite care for a qualified care recipient. (Currently, such credit is limited to expenses related to the care of a dependent adult.) (Sec. 25E) This bill amends the tax code to: (1) increase the threshold amount for the tax credit to $150

S.616

International Affairs

Inter-American Development Bank General Capital Increase Act of 2021 This bill requires the President to support and coordinate diplomatic engagement to secure a 10th general capital increase for the Inter-American Development Bank (IDB) and to support the creation of an environmental fund and financing facility at the IDB. The bill also authorizes the U.S. Governor of the IDB to vote in favor an $80 billion increase in the capital stock of the IDB and to subscribe on behalf of the United States to additional shares of this capital stock.

To authorize the tenth general capital increase for the Inter-American Development Bank and to strengthen recovery efforts in Latin America and the Caribbean related to the COVID-19 pandemic, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Inter-American Development Bank General Capital Increase Act of 2021''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The region of Latin America and the Caribbean has suffered severely from the coronavirus disease 2019 (commonly referred to as ``COVID-19''), with more than 18,000,000 confirmed cases since February 2020, according to the Inter- American Development Bank. (2) In 2020, as a result of COVID-19, gross domestic product per capita fell 8.5 percent across Latin America and the Caribbean, entirely reversing steady advancements in regional gross domestic product per capita since 2010, according to the Economic Commission for Latin America and the Caribbean. (3) Initial assessments by the Economic Commission for Latin America and the Caribbean indicate that, throughout Latin America and the Caribbean, the COVID-19 pandemic will have-- (A) pushed an additional 45,500,000 people into poverty, increasing the total number of people living in poverty from 185,500,000 to 230,900,000, or approximately 37.3 percent of the Latin American and Caribbean population, in 2020; and (B) caused the total number of individuals living in extreme poverty to increase by 28,500,000 from 67,700,000 to 96,200,000, or approximately 15.5 percent of the Latin American and Caribbean population, in 2020. (4) The Inter-American Development Bank estimated in May 2020 that 17,000,000 formal jobs would be lost as a result of the pandemic, increasing the share of jobs in informal sectors of the region's economies to 62 percent. September 2020 findings from the International Labour Organization noted that 34,000,000 workers across 9 countries in the region lost their jobs in the first half of 2020. (5) The pandemic also has complicated the humanitarian and development challenges countries across Latin America and the Caribbean face as hosts to more than 4,300,000 Venezuelan refugees and migrants, prompting the Inter-American Development Bank to launch a migration initiative that aims to provide $85,000,000 in grants and leverage investments of $1,100,000,000 in social protection, health, education, and employment. (6) The pandemic has severely disrupted education systems across Latin America and the Caribbean because of a lack of equipment and pedagogical tools required for effective remote schooling. According to data compiled by the United Nations Educational, Scientific and Cultural Organization and the Inter-American Development Bank, fewer than 30 percent of low- income families impacted by decisions to halt in-person classes have access to a computer and only around 60 percent of secondary school teachers have the skills needed for virtual instruction. (7) Countries across Latin America and the Caribbean continue to face enduring economic challenges, including persistent inequality, high levels of tax evasion and avoidance, and elevated debt levels. (8) The stability, sustainable development, and inclusive growth of economies in Latin America and the Caribbean is in the national interest of the United States, as the region accounts for 21.7 percent of United States trade in goods in 2019, according to the Economic Commission for Latin America and the Caribbean. (9) The Inter-American Development Bank is the world's oldest and largest regional development bank, and has worked continuously since 1959 to foster economic, social, and institutional development in Latin America and the Caribbean. (10) The Inter-American Development Bank is uniquely positioned to advance post-pandemic recovery efforts and to mitigate the social and economic impacts of the pandemic. As early as March 2020, the Inter-American Development Bank announced the allotment of up to $12,000,000,000 toward immediate public health responses, efforts to revitalize social safety nets for vulnerable populations, and strategic economic productivity and employment initiatives. (11) The 48 borrowing and non-borrowing member countries of the Inter-American Development Bank last agreed to a ninth general capital increase as part of the Bank's annual meeting on March 20-22, 2010. (12) Under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136; 134 Stat. 281) (commonly referred to as the ``CARES Act''), enacted on March 27, 2020, Congress approved capital stock increases for the International Finance Corporation and the African Development Bank to strengthen the ``ability of foreign countries to prevent, prepare for, and respond to coronavirus and to the adverse economic impacts of coronavirus''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the spread of SARS-CoV-2, the virus that causes COVID- 19, has had a significant impact on economic, social, and humanitarian conditions throughout Latin America and the Caribbean; (2) the Inter-American Development Bank is the preeminent multilateral development bank dedicated to regional economic and social development and the betterment of lives across Latin America and the Caribbean; (3) the Bank has played an integral role in supporting member countries with the coordination and implementation of policies to mitigate the effects of the COVID-19 pandemic, the Venezuelan refugee and migration crisis, and other crises in the Western Hemisphere; (4) a capital increase for the Bank would greatly increase its capacity to provide financing, institutional knowledge, and technical support to foster recovery and inclusion initiatives between regional governments, private sector entities, and international organizations; and (5) the United States, as a founding member of the Bank, should support a capital stock increase to ensure the Bank is prepared to offer additional support to member countries severely impacted by the COVID-19 pandemic and other crises. SEC. 4. TENTH GENERAL CAPITAL INCREASE. (a) Support for a General Capital Increase.--The President shall take steps to support a tenth general capital increase for the Inter- American Development Bank. (b) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for a tenth general capital increase for the Bank in order to strengthen the capacity of the Bank-- (1) to support Latin American and Caribbean countries in their efforts to address the COVID-19 pandemic and the related economic impact; and (2) to advance inclusive economic and social development in the Americas. (c) Progress Report.--Not later than 45 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives a report detailing efforts to carry out subsections (a) and (b). (d) Tenth Capital Increase.--The Inter-American Development Bank Act (22 U.S.C. 283 et seq.) is amended by adding at the end the following: ``SEC. 42. TENTH CAPITAL INCREASE. ``(a) Vote Authorized.--The United States Governor of the Bank is authorized to vote in favor of a resolution to increase the capital stock of the Bank by $80,000,000,000 over a period not to exceed 5 years. ``(b) Subscription Authorized.-- ``(1) In general.--The United States Governor of the Bank may subscribe on behalf of the United States to 1,990,714 additional shares of the capital stock of the Bank. ``(2) Limitation.--Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. ``(c) Limitations on Authorization of Appropriations.-- ``(1) In general.--In order to pay for the increase in the United States subscription to the Bank under subsection (b), there is authorized to be appropriated $24,014,857,191 for payment by the Secretary of the Treasury. ``(2) Allocation of funds.--Of the amount authorized to be appropriated under paragraph (1)-- ``(A) $600,371,430 shall be for paid in shares of the Bank; and ``(B) $23,414,485,761 shall be for callable shares of the Bank.''. SEC. 5. SUPPORT FOR ENVIRONMENTAL SUSTAINABILITY INITIATIVES OF INTER- AMERICAN DEVELOPMENT BANK. (a) Findings.--Congress makes the following findings: (1) The Inter-American Development Bank has served as an executing agency for the Global Environment Facility, a grant- making and financing facility supported by 182 countries to address global environmental issues and sustainable development. (2) The Bank has never had its own environmental grant- making and financing facility despite the fact that the Americas are home to the world's largest tropical rain forest and include countries significantly affected by natural disasters annually. (b) Sense of Congress.--It is the sense of Congress that the Bank should-- (1) establish its own environmental grant-making and financing facility in order to implement and expand environmental policies, metrics, and standards, to strengthen resilience and disaster preparedness, and to improve sustainability and conservation; and (2) continue to strengthen environmental safeguards as an element of economic development in the Western Hemisphere. (c) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for the creation of an environmental fund and financing facility as part of the tenth general capital increase for the Bank. <all>

Inter-American Development Bank General Capital Increase Act of 2021

A bill to authorize the tenth general capital increase for the Inter-American Development Bank and to strengthen recovery efforts in Latin America and the Caribbean related to the COVID-19 pandemic, and for other purposes.

Inter-American Development Bank General Capital Increase Act of 2021

Sen. Menendez, Robert

D

NJ

This bill requires the President to support and coordinate diplomatic engagement to secure a 10th general capital increase for the Inter-American Development Bank (IDB) and to support the creation of an environmental fund and financing facility at the IDB. The bill also authorizes the U.S. Governor of the IDB to vote in favor an $80 billion increase in the capital stock of the IDB and to subscribe on behalf of the United States to additional shares of this capital stock.

SHORT TITLE. 2. FINDINGS. (2) In 2020, as a result of COVID-19, gross domestic product per capita fell 8.5 percent across Latin America and the Caribbean, entirely reversing steady advancements in regional gross domestic product per capita since 2010, according to the Economic Commission for Latin America and the Caribbean. (3) Initial assessments by the Economic Commission for Latin America and the Caribbean indicate that, throughout Latin America and the Caribbean, the COVID-19 pandemic will have-- (A) pushed an additional 45,500,000 people into poverty, increasing the total number of people living in poverty from 185,500,000 to 230,900,000, or approximately 37.3 percent of the Latin American and Caribbean population, in 2020; and (B) caused the total number of individuals living in extreme poverty to increase by 28,500,000 from 67,700,000 to 96,200,000, or approximately 15.5 percent of the Latin American and Caribbean population, in 2020. September 2020 findings from the International Labour Organization noted that 34,000,000 workers across 9 countries in the region lost their jobs in the first half of 2020. (6) The pandemic has severely disrupted education systems across Latin America and the Caribbean because of a lack of equipment and pedagogical tools required for effective remote schooling. (10) The Inter-American Development Bank is uniquely positioned to advance post-pandemic recovery efforts and to mitigate the social and economic impacts of the pandemic. (12) Under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136; 134 Stat. SENSE OF CONGRESS. 4. (c) Progress Report.--Not later than 45 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives a report detailing efforts to carry out subsections (a) and (b). 283 et seq.) is amended by adding at the end the following: ``SEC. 42. TENTH CAPITAL INCREASE. ``(b) Subscription Authorized.-- ``(1) In general.--The United States Governor of the Bank may subscribe on behalf of the United States to 1,990,714 additional shares of the capital stock of the Bank. SEC. SUPPORT FOR ENVIRONMENTAL SUSTAINABILITY INITIATIVES OF INTER- AMERICAN DEVELOPMENT BANK. (b) Sense of Congress.--It is the sense of Congress that the Bank should-- (1) establish its own environmental grant-making and financing facility in order to implement and expand environmental policies, metrics, and standards, to strengthen resilience and disaster preparedness, and to improve sustainability and conservation; and (2) continue to strengthen environmental safeguards as an element of economic development in the Western Hemisphere. (c) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for the creation of an environmental fund and financing facility as part of the tenth general capital increase for the Bank.

2. FINDINGS. (2) In 2020, as a result of COVID-19, gross domestic product per capita fell 8.5 percent across Latin America and the Caribbean, entirely reversing steady advancements in regional gross domestic product per capita since 2010, according to the Economic Commission for Latin America and the Caribbean. (3) Initial assessments by the Economic Commission for Latin America and the Caribbean indicate that, throughout Latin America and the Caribbean, the COVID-19 pandemic will have-- (A) pushed an additional 45,500,000 people into poverty, increasing the total number of people living in poverty from 185,500,000 to 230,900,000, or approximately 37.3 percent of the Latin American and Caribbean population, in 2020; and (B) caused the total number of individuals living in extreme poverty to increase by 28,500,000 from 67,700,000 to 96,200,000, or approximately 15.5 percent of the Latin American and Caribbean population, in 2020. September 2020 findings from the International Labour Organization noted that 34,000,000 workers across 9 countries in the region lost their jobs in the first half of 2020. (10) The Inter-American Development Bank is uniquely positioned to advance post-pandemic recovery efforts and to mitigate the social and economic impacts of the pandemic. (12) Under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136; 134 Stat. SENSE OF CONGRESS. 4. is amended by adding at the end the following: ``SEC. TENTH CAPITAL INCREASE. ``(b) Subscription Authorized.-- ``(1) In general.--The United States Governor of the Bank may subscribe on behalf of the United States to 1,990,714 additional shares of the capital stock of the Bank. SEC. SUPPORT FOR ENVIRONMENTAL SUSTAINABILITY INITIATIVES OF INTER- AMERICAN DEVELOPMENT BANK. (c) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for the creation of an environmental fund and financing facility as part of the tenth general capital increase for the Bank.

SHORT TITLE. 2. FINDINGS. (2) In 2020, as a result of COVID-19, gross domestic product per capita fell 8.5 percent across Latin America and the Caribbean, entirely reversing steady advancements in regional gross domestic product per capita since 2010, according to the Economic Commission for Latin America and the Caribbean. (3) Initial assessments by the Economic Commission for Latin America and the Caribbean indicate that, throughout Latin America and the Caribbean, the COVID-19 pandemic will have-- (A) pushed an additional 45,500,000 people into poverty, increasing the total number of people living in poverty from 185,500,000 to 230,900,000, or approximately 37.3 percent of the Latin American and Caribbean population, in 2020; and (B) caused the total number of individuals living in extreme poverty to increase by 28,500,000 from 67,700,000 to 96,200,000, or approximately 15.5 percent of the Latin American and Caribbean population, in 2020. September 2020 findings from the International Labour Organization noted that 34,000,000 workers across 9 countries in the region lost their jobs in the first half of 2020. (5) The pandemic also has complicated the humanitarian and development challenges countries across Latin America and the Caribbean face as hosts to more than 4,300,000 Venezuelan refugees and migrants, prompting the Inter-American Development Bank to launch a migration initiative that aims to provide $85,000,000 in grants and leverage investments of $1,100,000,000 in social protection, health, education, and employment. (6) The pandemic has severely disrupted education systems across Latin America and the Caribbean because of a lack of equipment and pedagogical tools required for effective remote schooling. According to data compiled by the United Nations Educational, Scientific and Cultural Organization and the Inter-American Development Bank, fewer than 30 percent of low- income families impacted by decisions to halt in-person classes have access to a computer and only around 60 percent of secondary school teachers have the skills needed for virtual instruction. (7) Countries across Latin America and the Caribbean continue to face enduring economic challenges, including persistent inequality, high levels of tax evasion and avoidance, and elevated debt levels. (10) The Inter-American Development Bank is uniquely positioned to advance post-pandemic recovery efforts and to mitigate the social and economic impacts of the pandemic. (11) The 48 borrowing and non-borrowing member countries of the Inter-American Development Bank last agreed to a ninth general capital increase as part of the Bank's annual meeting on March 20-22, 2010. (12) Under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136; 134 Stat. SENSE OF CONGRESS. 4. (c) Progress Report.--Not later than 45 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives a report detailing efforts to carry out subsections (a) and (b). 283 et seq.) is amended by adding at the end the following: ``SEC. 42. TENTH CAPITAL INCREASE. ``(b) Subscription Authorized.-- ``(1) In general.--The United States Governor of the Bank may subscribe on behalf of the United States to 1,990,714 additional shares of the capital stock of the Bank. ``(2) Allocation of funds.--Of the amount authorized to be appropriated under paragraph (1)-- ``(A) $600,371,430 shall be for paid in shares of the Bank; and ``(B) $23,414,485,761 shall be for callable shares of the Bank.''. SEC. SUPPORT FOR ENVIRONMENTAL SUSTAINABILITY INITIATIVES OF INTER- AMERICAN DEVELOPMENT BANK. (2) The Bank has never had its own environmental grant- making and financing facility despite the fact that the Americas are home to the world's largest tropical rain forest and include countries significantly affected by natural disasters annually. (b) Sense of Congress.--It is the sense of Congress that the Bank should-- (1) establish its own environmental grant-making and financing facility in order to implement and expand environmental policies, metrics, and standards, to strengthen resilience and disaster preparedness, and to improve sustainability and conservation; and (2) continue to strengthen environmental safeguards as an element of economic development in the Western Hemisphere. (c) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for the creation of an environmental fund and financing facility as part of the tenth general capital increase for the Bank.

SHORT TITLE. 2. FINDINGS. (2) In 2020, as a result of COVID-19, gross domestic product per capita fell 8.5 percent across Latin America and the Caribbean, entirely reversing steady advancements in regional gross domestic product per capita since 2010, according to the Economic Commission for Latin America and the Caribbean. (3) Initial assessments by the Economic Commission for Latin America and the Caribbean indicate that, throughout Latin America and the Caribbean, the COVID-19 pandemic will have-- (A) pushed an additional 45,500,000 people into poverty, increasing the total number of people living in poverty from 185,500,000 to 230,900,000, or approximately 37.3 percent of the Latin American and Caribbean population, in 2020; and (B) caused the total number of individuals living in extreme poverty to increase by 28,500,000 from 67,700,000 to 96,200,000, or approximately 15.5 percent of the Latin American and Caribbean population, in 2020. September 2020 findings from the International Labour Organization noted that 34,000,000 workers across 9 countries in the region lost their jobs in the first half of 2020. (5) The pandemic also has complicated the humanitarian and development challenges countries across Latin America and the Caribbean face as hosts to more than 4,300,000 Venezuelan refugees and migrants, prompting the Inter-American Development Bank to launch a migration initiative that aims to provide $85,000,000 in grants and leverage investments of $1,100,000,000 in social protection, health, education, and employment. (6) The pandemic has severely disrupted education systems across Latin America and the Caribbean because of a lack of equipment and pedagogical tools required for effective remote schooling. According to data compiled by the United Nations Educational, Scientific and Cultural Organization and the Inter-American Development Bank, fewer than 30 percent of low- income families impacted by decisions to halt in-person classes have access to a computer and only around 60 percent of secondary school teachers have the skills needed for virtual instruction. (7) Countries across Latin America and the Caribbean continue to face enduring economic challenges, including persistent inequality, high levels of tax evasion and avoidance, and elevated debt levels. (8) The stability, sustainable development, and inclusive growth of economies in Latin America and the Caribbean is in the national interest of the United States, as the region accounts for 21.7 percent of United States trade in goods in 2019, according to the Economic Commission for Latin America and the Caribbean. (10) The Inter-American Development Bank is uniquely positioned to advance post-pandemic recovery efforts and to mitigate the social and economic impacts of the pandemic. (11) The 48 borrowing and non-borrowing member countries of the Inter-American Development Bank last agreed to a ninth general capital increase as part of the Bank's annual meeting on March 20-22, 2010. (12) Under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136; 134 Stat. 281) (commonly referred to as the ``CARES Act''), enacted on March 27, 2020, Congress approved capital stock increases for the International Finance Corporation and the African Development Bank to strengthen the ``ability of foreign countries to prevent, prepare for, and respond to coronavirus and to the adverse economic impacts of coronavirus''. SENSE OF CONGRESS. 4. (c) Progress Report.--Not later than 45 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives a report detailing efforts to carry out subsections (a) and (b). 283 et seq.) is amended by adding at the end the following: ``SEC. 42. TENTH CAPITAL INCREASE. ``(a) Vote Authorized.--The United States Governor of the Bank is authorized to vote in favor of a resolution to increase the capital stock of the Bank by $80,000,000,000 over a period not to exceed 5 years. ``(b) Subscription Authorized.-- ``(1) In general.--The United States Governor of the Bank may subscribe on behalf of the United States to 1,990,714 additional shares of the capital stock of the Bank. ``(c) Limitations on Authorization of Appropriations.-- ``(1) In general.--In order to pay for the increase in the United States subscription to the Bank under subsection (b), there is authorized to be appropriated $24,014,857,191 for payment by the Secretary of the Treasury. ``(2) Allocation of funds.--Of the amount authorized to be appropriated under paragraph (1)-- ``(A) $600,371,430 shall be for paid in shares of the Bank; and ``(B) $23,414,485,761 shall be for callable shares of the Bank.''. SEC. SUPPORT FOR ENVIRONMENTAL SUSTAINABILITY INITIATIVES OF INTER- AMERICAN DEVELOPMENT BANK. (a) Findings.--Congress makes the following findings: (1) The Inter-American Development Bank has served as an executing agency for the Global Environment Facility, a grant- making and financing facility supported by 182 countries to address global environmental issues and sustainable development. (2) The Bank has never had its own environmental grant- making and financing facility despite the fact that the Americas are home to the world's largest tropical rain forest and include countries significantly affected by natural disasters annually. (b) Sense of Congress.--It is the sense of Congress that the Bank should-- (1) establish its own environmental grant-making and financing facility in order to implement and expand environmental policies, metrics, and standards, to strengthen resilience and disaster preparedness, and to improve sustainability and conservation; and (2) continue to strengthen environmental safeguards as an element of economic development in the Western Hemisphere. (c) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for the creation of an environmental fund and financing facility as part of the tenth general capital increase for the Bank.

To authorize the tenth general capital increase for the Inter-American Development Bank and to strengthen recovery efforts in Latin America and the Caribbean related to the COVID-19 pandemic, and for other purposes. 2) In 2020, as a result of COVID-19, gross domestic product per capita fell 8.5 percent across Latin America and the Caribbean, entirely reversing steady advancements in regional gross domestic product per capita since 2010, according to the Economic Commission for Latin America and the Caribbean. 4) The Inter-American Development Bank estimated in May 2020 that 17,000,000 formal jobs would be lost as a result of the pandemic, increasing the share of jobs in informal sectors of the region's economies to 62 percent. September 2020 findings from the International Labour Organization noted that 34,000,000 workers across 9 countries in the region lost their jobs in the first half of 2020. ( (6) The pandemic has severely disrupted education systems across Latin America and the Caribbean because of a lack of equipment and pedagogical tools required for effective remote schooling. 8) The stability, sustainable development, and inclusive growth of economies in Latin America and the Caribbean is in the national interest of the United States, as the region accounts for 21.7 percent of United States trade in goods in 2019, according to the Economic Commission for Latin America and the Caribbean. ( As early as March 2020, the Inter-American Development Bank announced the allotment of up to $12,000,000,000 toward immediate public health responses, efforts to revitalize social safety nets for vulnerable populations, and strategic economic productivity and employment initiatives. ( 281) (commonly referred to as the ``CARES Act''), enacted on March 27, 2020, Congress approved capital stock increases for the International Finance Corporation and the African Development Bank to strengthen the ``ability of foreign countries to prevent, prepare for, and respond to coronavirus and to the adverse economic impacts of coronavirus''. TENTH GENERAL CAPITAL INCREASE. ( a) Support for a General Capital Increase.--The President shall take steps to support a tenth general capital increase for the Inter- American Development Bank. (b) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for a tenth general capital increase for the Bank in order to strengthen the capacity of the Bank-- (1) to support Latin American and Caribbean countries in their efforts to address the COVID-19 pandemic and the related economic impact; and (2) to advance inclusive economic and social development in the Americas. ( ``(b) Subscription Authorized.-- ``(1) In general.--The United States Governor of the Bank may subscribe on behalf of the United States to 1,990,714 additional shares of the capital stock of the Bank. ``(2) Limitation.--Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. 2) The Bank has never had its own environmental grant- making and financing facility despite the fact that the Americas are home to the world's largest tropical rain forest and include countries significantly affected by natural disasters annually. (b) Sense of Congress.--It is the sense of Congress that the Bank should-- (1) establish its own environmental grant-making and financing facility in order to implement and expand environmental policies, metrics, and standards, to strengthen resilience and disaster preparedness, and to improve sustainability and conservation; and (2) continue to strengthen environmental safeguards as an element of economic development in the Western Hemisphere. ( c) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for the creation of an environmental fund and financing facility as part of the tenth general capital increase for the Bank.

To authorize the tenth general capital increase for the Inter-American Development Bank and to strengthen recovery efforts in Latin America and the Caribbean related to the COVID-19 pandemic, and for other purposes. 2) In 2020, as a result of COVID-19, gross domestic product per capita fell 8.5 percent across Latin America and the Caribbean, entirely reversing steady advancements in regional gross domestic product per capita since 2010, according to the Economic Commission for Latin America and the Caribbean. ( (5) The pandemic also has complicated the humanitarian and development challenges countries across Latin America and the Caribbean face as hosts to more than 4,300,000 Venezuelan refugees and migrants, prompting the Inter-American Development Bank to launch a migration initiative that aims to provide $85,000,000 in grants and leverage investments of $1,100,000,000 in social protection, health, education, and employment. ( 8) The stability, sustainable development, and inclusive growth of economies in Latin America and the Caribbean is in the national interest of the United States, as the region accounts for 21.7 percent of United States trade in goods in 2019, according to the Economic Commission for Latin America and the Caribbean. ( (12) Under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136; 134 Stat. b) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for a tenth general capital increase for the Bank in order to strengthen the capacity of the Bank-- (1) to support Latin American and Caribbean countries in their efforts to address the COVID-19 pandemic and the related economic impact; and (2) to advance inclusive economic and social development in the Americas. (c) Progress Report.--Not later than 45 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives a report detailing efforts to carry out subsections (a) and (b). ( is amended by adding at the end the following: ``SEC. ``(c) Limitations on Authorization of Appropriations.-- ``(1) In general.--In order to pay for the increase in the United States subscription to the Bank under subsection (b), there is authorized to be appropriated $24,014,857,191 for payment by the Secretary of the Treasury. (b) Sense of Congress.--It is the sense of Congress that the Bank should-- (1) establish its own environmental grant-making and financing facility in order to implement and expand environmental policies, metrics, and standards, to strengthen resilience and disaster preparedness, and to improve sustainability and conservation; and (2) continue to strengthen environmental safeguards as an element of economic development in the Western Hemisphere. ( c) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for the creation of an environmental fund and financing facility as part of the tenth general capital increase for the Bank.

To authorize the tenth general capital increase for the Inter-American Development Bank and to strengthen recovery efforts in Latin America and the Caribbean related to the COVID-19 pandemic, and for other purposes. 2) In 2020, as a result of COVID-19, gross domestic product per capita fell 8.5 percent across Latin America and the Caribbean, entirely reversing steady advancements in regional gross domestic product per capita since 2010, according to the Economic Commission for Latin America and the Caribbean. ( (5) The pandemic also has complicated the humanitarian and development challenges countries across Latin America and the Caribbean face as hosts to more than 4,300,000 Venezuelan refugees and migrants, prompting the Inter-American Development Bank to launch a migration initiative that aims to provide $85,000,000 in grants and leverage investments of $1,100,000,000 in social protection, health, education, and employment. ( 8) The stability, sustainable development, and inclusive growth of economies in Latin America and the Caribbean is in the national interest of the United States, as the region accounts for 21.7 percent of United States trade in goods in 2019, according to the Economic Commission for Latin America and the Caribbean. ( (12) Under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136; 134 Stat. b) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for a tenth general capital increase for the Bank in order to strengthen the capacity of the Bank-- (1) to support Latin American and Caribbean countries in their efforts to address the COVID-19 pandemic and the related economic impact; and (2) to advance inclusive economic and social development in the Americas. (c) Progress Report.--Not later than 45 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives a report detailing efforts to carry out subsections (a) and (b). ( is amended by adding at the end the following: ``SEC. ``(c) Limitations on Authorization of Appropriations.-- ``(1) In general.--In order to pay for the increase in the United States subscription to the Bank under subsection (b), there is authorized to be appropriated $24,014,857,191 for payment by the Secretary of the Treasury. (b) Sense of Congress.--It is the sense of Congress that the Bank should-- (1) establish its own environmental grant-making and financing facility in order to implement and expand environmental policies, metrics, and standards, to strengthen resilience and disaster preparedness, and to improve sustainability and conservation; and (2) continue to strengthen environmental safeguards as an element of economic development in the Western Hemisphere. ( c) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for the creation of an environmental fund and financing facility as part of the tenth general capital increase for the Bank.

To authorize the tenth general capital increase for the Inter-American Development Bank and to strengthen recovery efforts in Latin America and the Caribbean related to the COVID-19 pandemic, and for other purposes. 2) In 2020, as a result of COVID-19, gross domestic product per capita fell 8.5 percent across Latin America and the Caribbean, entirely reversing steady advancements in regional gross domestic product per capita since 2010, according to the Economic Commission for Latin America and the Caribbean. 4) The Inter-American Development Bank estimated in May 2020 that 17,000,000 formal jobs would be lost as a result of the pandemic, increasing the share of jobs in informal sectors of the region's economies to 62 percent. September 2020 findings from the International Labour Organization noted that 34,000,000 workers across 9 countries in the region lost their jobs in the first half of 2020. ( (6) The pandemic has severely disrupted education systems across Latin America and the Caribbean because of a lack of equipment and pedagogical tools required for effective remote schooling. 8) The stability, sustainable development, and inclusive growth of economies in Latin America and the Caribbean is in the national interest of the United States, as the region accounts for 21.7 percent of United States trade in goods in 2019, according to the Economic Commission for Latin America and the Caribbean. ( As early as March 2020, the Inter-American Development Bank announced the allotment of up to $12,000,000,000 toward immediate public health responses, efforts to revitalize social safety nets for vulnerable populations, and strategic economic productivity and employment initiatives. ( 281) (commonly referred to as the ``CARES Act''), enacted on March 27, 2020, Congress approved capital stock increases for the International Finance Corporation and the African Development Bank to strengthen the ``ability of foreign countries to prevent, prepare for, and respond to coronavirus and to the adverse economic impacts of coronavirus''. TENTH GENERAL CAPITAL INCREASE. ( a) Support for a General Capital Increase.--The President shall take steps to support a tenth general capital increase for the Inter- American Development Bank. (b) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for a tenth general capital increase for the Bank in order to strengthen the capacity of the Bank-- (1) to support Latin American and Caribbean countries in their efforts to address the COVID-19 pandemic and the related economic impact; and (2) to advance inclusive economic and social development in the Americas. ( ``(b) Subscription Authorized.-- ``(1) In general.--The United States Governor of the Bank may subscribe on behalf of the United States to 1,990,714 additional shares of the capital stock of the Bank. ``(2) Limitation.--Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. 2) The Bank has never had its own environmental grant- making and financing facility despite the fact that the Americas are home to the world's largest tropical rain forest and include countries significantly affected by natural disasters annually. (b) Sense of Congress.--It is the sense of Congress that the Bank should-- (1) establish its own environmental grant-making and financing facility in order to implement and expand environmental policies, metrics, and standards, to strengthen resilience and disaster preparedness, and to improve sustainability and conservation; and (2) continue to strengthen environmental safeguards as an element of economic development in the Western Hemisphere. ( c) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for the creation of an environmental fund and financing facility as part of the tenth general capital increase for the Bank.

To authorize the tenth general capital increase for the Inter-American Development Bank and to strengthen recovery efforts in Latin America and the Caribbean related to the COVID-19 pandemic, and for other purposes. 2) In 2020, as a result of COVID-19, gross domestic product per capita fell 8.5 percent across Latin America and the Caribbean, entirely reversing steady advancements in regional gross domestic product per capita since 2010, according to the Economic Commission for Latin America and the Caribbean. ( (5) The pandemic also has complicated the humanitarian and development challenges countries across Latin America and the Caribbean face as hosts to more than 4,300,000 Venezuelan refugees and migrants, prompting the Inter-American Development Bank to launch a migration initiative that aims to provide $85,000,000 in grants and leverage investments of $1,100,000,000 in social protection, health, education, and employment. ( 8) The stability, sustainable development, and inclusive growth of economies in Latin America and the Caribbean is in the national interest of the United States, as the region accounts for 21.7 percent of United States trade in goods in 2019, according to the Economic Commission for Latin America and the Caribbean. ( (12) Under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136; 134 Stat. b) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for a tenth general capital increase for the Bank in order to strengthen the capacity of the Bank-- (1) to support Latin American and Caribbean countries in their efforts to address the COVID-19 pandemic and the related economic impact; and (2) to advance inclusive economic and social development in the Americas. (c) Progress Report.--Not later than 45 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives a report detailing efforts to carry out subsections (a) and (b). ( is amended by adding at the end the following: ``SEC. ``(c) Limitations on Authorization of Appropriations.-- ``(1) In general.--In order to pay for the increase in the United States subscription to the Bank under subsection (b), there is authorized to be appropriated $24,014,857,191 for payment by the Secretary of the Treasury. (b) Sense of Congress.--It is the sense of Congress that the Bank should-- (1) establish its own environmental grant-making and financing facility in order to implement and expand environmental policies, metrics, and standards, to strengthen resilience and disaster preparedness, and to improve sustainability and conservation; and (2) continue to strengthen environmental safeguards as an element of economic development in the Western Hemisphere. ( c) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for the creation of an environmental fund and financing facility as part of the tenth general capital increase for the Bank.

To authorize the tenth general capital increase for the Inter-American Development Bank and to strengthen recovery efforts in Latin America and the Caribbean related to the COVID-19 pandemic, and for other purposes. 2) In 2020, as a result of COVID-19, gross domestic product per capita fell 8.5 percent across Latin America and the Caribbean, entirely reversing steady advancements in regional gross domestic product per capita since 2010, according to the Economic Commission for Latin America and the Caribbean. 4) The Inter-American Development Bank estimated in May 2020 that 17,000,000 formal jobs would be lost as a result of the pandemic, increasing the share of jobs in informal sectors of the region's economies to 62 percent. September 2020 findings from the International Labour Organization noted that 34,000,000 workers across 9 countries in the region lost their jobs in the first half of 2020. ( (6) The pandemic has severely disrupted education systems across Latin America and the Caribbean because of a lack of equipment and pedagogical tools required for effective remote schooling. 8) The stability, sustainable development, and inclusive growth of economies in Latin America and the Caribbean is in the national interest of the United States, as the region accounts for 21.7 percent of United States trade in goods in 2019, according to the Economic Commission for Latin America and the Caribbean. ( As early as March 2020, the Inter-American Development Bank announced the allotment of up to $12,000,000,000 toward immediate public health responses, efforts to revitalize social safety nets for vulnerable populations, and strategic economic productivity and employment initiatives. ( 281) (commonly referred to as the ``CARES Act''), enacted on March 27, 2020, Congress approved capital stock increases for the International Finance Corporation and the African Development Bank to strengthen the ``ability of foreign countries to prevent, prepare for, and respond to coronavirus and to the adverse economic impacts of coronavirus''. TENTH GENERAL CAPITAL INCREASE. ( a) Support for a General Capital Increase.--The President shall take steps to support a tenth general capital increase for the Inter- American Development Bank. (b) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for a tenth general capital increase for the Bank in order to strengthen the capacity of the Bank-- (1) to support Latin American and Caribbean countries in their efforts to address the COVID-19 pandemic and the related economic impact; and (2) to advance inclusive economic and social development in the Americas. ( ``(b) Subscription Authorized.-- ``(1) In general.--The United States Governor of the Bank may subscribe on behalf of the United States to 1,990,714 additional shares of the capital stock of the Bank. ``(2) Limitation.--Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. 2) The Bank has never had its own environmental grant- making and financing facility despite the fact that the Americas are home to the world's largest tropical rain forest and include countries significantly affected by natural disasters annually. (b) Sense of Congress.--It is the sense of Congress that the Bank should-- (1) establish its own environmental grant-making and financing facility in order to implement and expand environmental policies, metrics, and standards, to strengthen resilience and disaster preparedness, and to improve sustainability and conservation; and (2) continue to strengthen environmental safeguards as an element of economic development in the Western Hemisphere. ( c) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for the creation of an environmental fund and financing facility as part of the tenth general capital increase for the Bank.

To authorize the tenth general capital increase for the Inter-American Development Bank and to strengthen recovery efforts in Latin America and the Caribbean related to the COVID-19 pandemic, and for other purposes. 2) In 2020, as a result of COVID-19, gross domestic product per capita fell 8.5 percent across Latin America and the Caribbean, entirely reversing steady advancements in regional gross domestic product per capita since 2010, according to the Economic Commission for Latin America and the Caribbean. ( (5) The pandemic also has complicated the humanitarian and development challenges countries across Latin America and the Caribbean face as hosts to more than 4,300,000 Venezuelan refugees and migrants, prompting the Inter-American Development Bank to launch a migration initiative that aims to provide $85,000,000 in grants and leverage investments of $1,100,000,000 in social protection, health, education, and employment. ( 8) The stability, sustainable development, and inclusive growth of economies in Latin America and the Caribbean is in the national interest of the United States, as the region accounts for 21.7 percent of United States trade in goods in 2019, according to the Economic Commission for Latin America and the Caribbean. ( (12) Under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136; 134 Stat. b) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for a tenth general capital increase for the Bank in order to strengthen the capacity of the Bank-- (1) to support Latin American and Caribbean countries in their efforts to address the COVID-19 pandemic and the related economic impact; and (2) to advance inclusive economic and social development in the Americas. (c) Progress Report.--Not later than 45 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives a report detailing efforts to carry out subsections (a) and (b). ( is amended by adding at the end the following: ``SEC. ``(c) Limitations on Authorization of Appropriations.-- ``(1) In general.--In order to pay for the increase in the United States subscription to the Bank under subsection (b), there is authorized to be appropriated $24,014,857,191 for payment by the Secretary of the Treasury. (b) Sense of Congress.--It is the sense of Congress that the Bank should-- (1) establish its own environmental grant-making and financing facility in order to implement and expand environmental policies, metrics, and standards, to strengthen resilience and disaster preparedness, and to improve sustainability and conservation; and (2) continue to strengthen environmental safeguards as an element of economic development in the Western Hemisphere. ( c) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for the creation of an environmental fund and financing facility as part of the tenth general capital increase for the Bank.

To authorize the tenth general capital increase for the Inter-American Development Bank and to strengthen recovery efforts in Latin America and the Caribbean related to the COVID-19 pandemic, and for other purposes. 8) The stability, sustainable development, and inclusive growth of economies in Latin America and the Caribbean is in the national interest of the United States, as the region accounts for 21.7 percent of United States trade in goods in 2019, according to the Economic Commission for Latin America and the Caribbean. ( As early as March 2020, the Inter-American Development Bank announced the allotment of up to $12,000,000,000 toward immediate public health responses, efforts to revitalize social safety nets for vulnerable populations, and strategic economic productivity and employment initiatives. ( b) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for a tenth general capital increase for the Bank in order to strengthen the capacity of the Bank-- (1) to support Latin American and Caribbean countries in their efforts to address the COVID-19 pandemic and the related economic impact; and (2) to advance inclusive economic and social development in the Americas. ( ``(2) Limitation.--Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. b) Sense of Congress.--It is the sense of Congress that the Bank should-- (1) establish its own environmental grant-making and financing facility in order to implement and expand environmental policies, metrics, and standards, to strengthen resilience and disaster preparedness, and to improve sustainability and conservation; and (2) continue to strengthen environmental safeguards as an element of economic development in the Western Hemisphere. (

To authorize the tenth general capital increase for the Inter-American Development Bank and to strengthen recovery efforts in Latin America and the Caribbean related to the COVID-19 pandemic, and for other purposes. b) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for a tenth general capital increase for the Bank in order to strengthen the capacity of the Bank-- (1) to support Latin American and Caribbean countries in their efforts to address the COVID-19 pandemic and the related economic impact; and (2) to advance inclusive economic and social development in the Americas. ( ``(c) Limitations on Authorization of Appropriations.-- ``(1) In general.--In order to pay for the increase in the United States subscription to the Bank under subsection (b), there is authorized to be appropriated $24,014,857,191 for payment by the Secretary of the Treasury. ( b) Sense of Congress.--It is the sense of Congress that the Bank should-- (1) establish its own environmental grant-making and financing facility in order to implement and expand environmental policies, metrics, and standards, to strengthen resilience and disaster preparedness, and to improve sustainability and conservation; and (2) continue to strengthen environmental safeguards as an element of economic development in the Western Hemisphere. (

To authorize the tenth general capital increase for the Inter-American Development Bank and to strengthen recovery efforts in Latin America and the Caribbean related to the COVID-19 pandemic, and for other purposes. 8) The stability, sustainable development, and inclusive growth of economies in Latin America and the Caribbean is in the national interest of the United States, as the region accounts for 21.7 percent of United States trade in goods in 2019, according to the Economic Commission for Latin America and the Caribbean. ( As early as March 2020, the Inter-American Development Bank announced the allotment of up to $12,000,000,000 toward immediate public health responses, efforts to revitalize social safety nets for vulnerable populations, and strategic economic productivity and employment initiatives. ( b) Diplomatic Engagement.--The President shall advance diplomatic engagement to build support among member countries of the Bank for a tenth general capital increase for the Bank in order to strengthen the capacity of the Bank-- (1) to support Latin American and Caribbean countries in their efforts to address the COVID-19 pandemic and the related economic impact; and (2) to advance inclusive economic and social development in the Americas. ( ``(2) Limitation.--Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. b) Sense of Congress.--It is the sense of Congress that the Bank should-- (1) establish its own environmental grant-making and financing facility in order to implement and expand environmental policies, metrics, and standards, to strengthen resilience and disaster preparedness, and to improve sustainability and conservation; and (2) continue to strengthen environmental safeguards as an element of economic development in the Western Hemisphere. (

Inter-American Development Bank General Capital Increase Act of 2021 - Amends the International Finance Corporation Act of 2010 to authorize the Secretary of the Treasury to provide for the ten-year general capital increase for the International Bank for Reconstruction and Development (IBRD) to: (1) respond to the impacts of the coronavirus disease 2019 (commonly referred to as COVID- Amends the Inter-American Development Bank Act to authorize the President to support a tenth general capital increase for the International Bank for Reconstruction and Development (IBRD). (Sec. 5) Directs the President, within 45 days after the enactment of this Act, to advance diplomatic engagement to build support among member countries of the Bank for a tenth capital increase. (Sec.) (

S.4358

Health

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

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

Bruce's Law

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

Bruce's Law

Sen. Murkowski, Lisa

R

AK

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bruce's Law''. 2. (a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). 102A. AWARENESS CAMPAIGN RELATED TO LETHALITY OF FENTANYL AND FENTANYL-CONTAMINATED DRUGS. ``(e) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 2023 through 2027 such sums as may be necessary to carry out this section.''. 3. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). ``(b) Membership; Consultation.-- ``(1) Composition.--Not later than 120 days after the date of enactment of Bruce's Law, the heads of the Office of National Drug Control Policy, the Substance Abuse and Mental Health Services Administration, the Administration for Children and Families, the Centers for Disease Control and Prevention, the Department of Justice, the Drug Enforcement Administration, the Department of State, the Department of Education, and other Federal agencies (as determined by the Secretary) shall designate representatives of the respective agency or office to the Work Group. 4. SEC. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO EDUCATE YOUTH ON THE RISKS OF DRUGS CONTAMINATED WITH FENTANYL OR OTHER SYNTHETIC OPIOIDS. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(d) Supplement Not Supplant.--An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and may also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. ``(h) Definition.--In this section, the term `drug' means an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant, a counterfeit prescription drug, or a prescription drug that is sold illegally.

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

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

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

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug misuse. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(a) In General.--The Secretary of Health and Human Services, in coordination with the heads of other Federal departments and agencies, shall, as appropriate, through a public awareness campaign, advance the education and awareness of the public (including school-aged children, youth, parents, first responders, and providers) and other appropriate entities regarding the risk of counterfeit drugs being contaminated with fentanyl and the dangers of fentanyl lethality. ``(c) Other Requirements.--The education and awareness campaigns under subsection (a) shall, as appropriate, take into account any association between prescription drug misuse, heroin use, and drugs contaminated by fentanyl. Title I of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198), as amended by section 2(b), is further amended by inserting after section 102A the following: ``SEC. ``(b) Membership; Consultation.-- ``(1) Composition.--Not later than 120 days after the date of enactment of Bruce's Law, the heads of the Office of National Drug Control Policy, the Substance Abuse and Mental Health Services Administration, the Administration for Children and Families, the Centers for Disease Control and Prevention, the Department of Justice, the Drug Enforcement Administration, the Department of State, the Department of Education, and other Federal agencies (as determined by the Secretary) shall designate representatives of the respective agency or office to the Work Group. ``(d) Annual Report to Secretary.--The Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent drug overdose by fentanyl contamination of illegal drugs, in all populations, and specifically among youth at risk for substance misuse.''. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(b) Application.-- ``(1) In general.--An eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. ``(3) Eligible entities.--For purposes of this section, the term `eligible entity' means an entity that-- ``(A) has documented, using local data, rates of drug overdose related to fentanyl or other synthetic opioids at levels that are significant, as determined by the Director; and ``(B) has received a grant under the Drug-Free Communities Act of 1997. 1521 note); and ``(3) for programs designed to implement comprehensive community-wide strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids in the community. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and may also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. ``(h) Definition.--In this section, the term `drug' means an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant, a counterfeit prescription drug, or a prescription drug that is sold illegally. ``(i) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027.''.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug misuse. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(d) Drug Defined.--In this section, the term `drug' means an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant, a counterfeit prescription drug, or a prescription drug that is sold illegally. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). ``(d) Annual Report to Secretary.--The Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent drug overdose by fentanyl contamination of illegal drugs, in all populations, and specifically among youth at risk for substance misuse.''. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(2) Criteria.--As part of an application for a grant under this section, the Director shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the implementation of an evidence-based public education campaign on the dangers of drugs contaminated with fentanyl or other synthetic opioids, with a specific consideration given to education focused on youth at increased risk for developing a substance use disorder. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and may also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. ``(f) Limitation on Administrative Expenses.--Not more than 12 percent of the amounts made available to carry out this section for a fiscal year may be used to pay for administrative expenses. ``(g) Delegation Authority.--The Director may enter into an interagency agreement with the Director of the Centers for Disease Control and Prevention to delegate authority for the execution of grants and for such other activities, as the Director determines necessary to carry out this section.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug misuse. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(d) Drug Defined.--In this section, the term `drug' means an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant, a counterfeit prescription drug, or a prescription drug that is sold illegally. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). ``(d) Annual Report to Secretary.--The Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent drug overdose by fentanyl contamination of illegal drugs, in all populations, and specifically among youth at risk for substance misuse.''. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(2) Criteria.--As part of an application for a grant under this section, the Director shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the implementation of an evidence-based public education campaign on the dangers of drugs contaminated with fentanyl or other synthetic opioids, with a specific consideration given to education focused on youth at increased risk for developing a substance use disorder. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and may also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. ``(f) Limitation on Administrative Expenses.--Not more than 12 percent of the amounts made available to carry out this section for a fiscal year may be used to pay for administrative expenses. ``(g) Delegation Authority.--The Director may enter into an interagency agreement with the Director of the Centers for Disease Control and Prevention to delegate authority for the execution of grants and for such other activities, as the Director determines necessary to carry out this section.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug misuse. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(a) In General.--The Secretary of Health and Human Services, in coordination with the heads of other Federal departments and agencies, shall, as appropriate, through a public awareness campaign, advance the education and awareness of the public (including school-aged children, youth, parents, first responders, and providers) and other appropriate entities regarding the risk of counterfeit drugs being contaminated with fentanyl and the dangers of fentanyl lethality. ``(c) Other Requirements.--The education and awareness campaigns under subsection (a) shall, as appropriate, take into account any association between prescription drug misuse, heroin use, and drugs contaminated by fentanyl. Title I of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198), as amended by section 2(b), is further amended by inserting after section 102A the following: ``SEC. ``(b) Membership; Consultation.-- ``(1) Composition.--Not later than 120 days after the date of enactment of Bruce's Law, the heads of the Office of National Drug Control Policy, the Substance Abuse and Mental Health Services Administration, the Administration for Children and Families, the Centers for Disease Control and Prevention, the Department of Justice, the Drug Enforcement Administration, the Department of State, the Department of Education, and other Federal agencies (as determined by the Secretary) shall designate representatives of the respective agency or office to the Work Group. ``(d) Annual Report to Secretary.--The Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent drug overdose by fentanyl contamination of illegal drugs, in all populations, and specifically among youth at risk for substance misuse.''. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(b) Application.-- ``(1) In general.--An eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. ``(3) Eligible entities.--For purposes of this section, the term `eligible entity' means an entity that-- ``(A) has documented, using local data, rates of drug overdose related to fentanyl or other synthetic opioids at levels that are significant, as determined by the Director; and ``(B) has received a grant under the Drug-Free Communities Act of 1997. 1521 note); and ``(3) for programs designed to implement comprehensive community-wide strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids in the community. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and may also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. ``(h) Definition.--In this section, the term `drug' means an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant, a counterfeit prescription drug, or a prescription drug that is sold illegally. ``(i) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027.''.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug misuse. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(d) Drug Defined.--In this section, the term `drug' means an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant, a counterfeit prescription drug, or a prescription drug that is sold illegally. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). ``(d) Annual Report to Secretary.--The Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent drug overdose by fentanyl contamination of illegal drugs, in all populations, and specifically among youth at risk for substance misuse.''. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(2) Criteria.--As part of an application for a grant under this section, the Director shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the implementation of an evidence-based public education campaign on the dangers of drugs contaminated with fentanyl or other synthetic opioids, with a specific consideration given to education focused on youth at increased risk for developing a substance use disorder. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and may also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. ``(f) Limitation on Administrative Expenses.--Not more than 12 percent of the amounts made available to carry out this section for a fiscal year may be used to pay for administrative expenses. ``(g) Delegation Authority.--The Director may enter into an interagency agreement with the Director of the Centers for Disease Control and Prevention to delegate authority for the execution of grants and for such other activities, as the Director determines necessary to carry out this section.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug misuse. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(a) In General.--The Secretary of Health and Human Services, in coordination with the heads of other Federal departments and agencies, shall, as appropriate, through a public awareness campaign, advance the education and awareness of the public (including school-aged children, youth, parents, first responders, and providers) and other appropriate entities regarding the risk of counterfeit drugs being contaminated with fentanyl and the dangers of fentanyl lethality. ``(c) Other Requirements.--The education and awareness campaigns under subsection (a) shall, as appropriate, take into account any association between prescription drug misuse, heroin use, and drugs contaminated by fentanyl. Title I of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198), as amended by section 2(b), is further amended by inserting after section 102A the following: ``SEC. ``(b) Membership; Consultation.-- ``(1) Composition.--Not later than 120 days after the date of enactment of Bruce's Law, the heads of the Office of National Drug Control Policy, the Substance Abuse and Mental Health Services Administration, the Administration for Children and Families, the Centers for Disease Control and Prevention, the Department of Justice, the Drug Enforcement Administration, the Department of State, the Department of Education, and other Federal agencies (as determined by the Secretary) shall designate representatives of the respective agency or office to the Work Group. ``(d) Annual Report to Secretary.--The Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent drug overdose by fentanyl contamination of illegal drugs, in all populations, and specifically among youth at risk for substance misuse.''. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(b) Application.-- ``(1) In general.--An eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. ``(3) Eligible entities.--For purposes of this section, the term `eligible entity' means an entity that-- ``(A) has documented, using local data, rates of drug overdose related to fentanyl or other synthetic opioids at levels that are significant, as determined by the Director; and ``(B) has received a grant under the Drug-Free Communities Act of 1997. 1521 note); and ``(3) for programs designed to implement comprehensive community-wide strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids in the community. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and may also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. ``(h) Definition.--In this section, the term `drug' means an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant, a counterfeit prescription drug, or a prescription drug that is sold illegally. ``(i) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027.''.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug misuse. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(2) Criteria.--As part of an application for a grant under this section, the Director shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the implementation of an evidence-based public education campaign on the dangers of drugs contaminated with fentanyl or other synthetic opioids, with a specific consideration given to education focused on youth at increased risk for developing a substance use disorder. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and may also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug misuse. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(b) Membership; Consultation.-- ``(1) Composition.--Not later than 120 days after the date of enactment of Bruce's Law, the heads of the Office of National Drug Control Policy, the Substance Abuse and Mental Health Services Administration, the Administration for Children and Families, the Centers for Disease Control and Prevention, the Department of Justice, the Drug Enforcement Administration, the Department of State, the Department of Education, and other Federal agencies (as determined by the Secretary) shall designate representatives of the respective agency or office to the Work Group. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(b) Application.-- ``(1) In general.--An eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and may also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. ``(i) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027. ''.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug misuse. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(2) Criteria.--As part of an application for a grant under this section, the Director shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the implementation of an evidence-based public education campaign on the dangers of drugs contaminated with fentanyl or other synthetic opioids, with a specific consideration given to education focused on youth at increased risk for developing a substance use disorder. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and may also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug misuse. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(i) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027. ''.

Bruce's Law This bill amends the Comprehensive Addiction and Recovery Act of 2016 to direct the Department of Health and Human Services (HHS) to: (1) advance the education and awareness of the public regarding the risk of counterfeit drugs being contaminated with fentanyl and the dangers of fentanyl lethality; and (2) establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Directs the Director of the Office of National Drug Control Policy to make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. (Fentanyl is a synthetic opioid that is used to treat pain.) (Sec. 3) Authorizes appropriations. (Sec.) (This measure has not been amended since it was reported to the

S.5139

Crime and Law Enforcement

Hide No Harm Act of 2022 This bill establishes criminal penalties for corporate officers who fail to inform federal agencies, their employees, or affected individuals of any serious physical danger that is associated with their products or services. It also prohibits retaliatory action against whistleblowers.

To establish criminal penalties for failing to inform and warn of serious dangers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hide No Harm Act of 2022''. SEC. 2. CRIMINAL PENALTIES. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 101 the following: ``CHAPTER 101A--REPORTING STANDARDS ``Sec. ``2081. Definitions. ``2082. Failure to inform and warn. ``2083. Relationship to existing law. ``Sec. 2081. Definitions ``In this chapter-- ``(1) the term `appropriate Federal agency' means an agency with jurisdiction over a covered product, covered service, or business practice; ``(2) the term `business entity' means a corporation, company, association, firm, partnership, sole proprietor, or other entity engaged in the operation of a business; ``(3) the term `business practice' means a method or practice of-- ``(A) manufacturing, assembling, designing, researching, importing, or distributing a covered product; ``(B) conducting, providing, or preparing to provide a covered service; or ``(C) otherwise carrying out business operations relating to covered products or covered services; ``(4) the term `covered product' means a product manufactured, assembled, designed, researched, imported, or distributed by a business entity that enters interstate commerce; ``(5) the term `covered service' means a service conducted, provided, or prepared by a business entity that enters interstate commerce; ``(6) the term `responsible corporate officer' means a person who-- ``(A) is an employer, director, or officer of a business entity; ``(B) has the responsibility and authority, by reason of his or her position in the business entity and in accordance with the rules or practice of the business entity, to acquire knowledge of any serious danger associated with a covered product (or component of a covered product), covered service, or business practice of the business entity; and ``(C) has the responsibility, by reason of his or her position in the business entity, to communicate information about the serious danger to-- ``(i) an appropriate Federal agency; ``(ii) employees of the business entity; or ``(iii) individuals, other than employees of the business entity, who may be exposed to the serious danger; ``(7) the term `serious bodily injury' means an impairment of the physical condition of an individual, including as a result of trauma, repetitive motion, or disease, that-- ``(A) creates a substantial risk of death; or ``(B) causes-- ``(i) serious permanent disfigurement; ``(ii) unconsciousness; ``(iii) extreme pain; or ``(iv) permanent or protracted loss or impairment of the function of any bodily member, organ, bodily system, or mental faculty; ``(8) the term `serious danger' means a danger, not readily apparent to a reasonable person, that the normal or reasonably foreseeable use of, or the exposure of an individual to, a covered product, covered service, or business practice has an imminent risk of causing death or serious bodily injury to an individual; and ``(9) the term `warn affected employees' means take reasonable steps to give, to each individual who is exposed or may be exposed to a serious danger in the course of work for a business entity, a description of the serious danger that is sufficient to make the individual aware of the serious danger. ``Sec. 2082. Failure to inform and warn ``(a) Requirement.--After acquiring actual knowledge of a serious danger associated with a covered product (or component of a covered product), covered service, or business practice of a business entity, a business entity and any responsible corporate officer with respect to the covered product, covered service, or business practice, shall-- ``(1) as soon as practicable and not later than 24 hours after acquiring such knowledge, verbally inform an appropriate Federal agency of the serious danger, unless the business entity or responsible corporate officer has actual knowledge that an appropriate Federal agency has been so informed; ``(2) not later than 15 days after acquiring such knowledge, inform an appropriate Federal agency in writing of the serious danger, unless the business entity or responsible corporate officer has actual knowledge than an appropriate Federal agency has been so informed; ``(3) as soon as practicable, warn affected employees in writing, unless the business entity or responsible corporate officer has actual knowledge that affected employees have been so warned; and ``(4) as soon as practicable, inform individuals, other than affected employees, who may be exposed to the serious danger of the serious danger if such individuals can reasonably be identified, unless the business entity or responsible corporate officer has actual knowledge that such individuals have been warned. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(c) Civil Action To Protect Against Retaliation.-- ``(1) Prohibition.--It shall be unlawful to knowingly discriminate against any person in the terms or conditions of employment, in retention in employment, or in hiring because the person informed a Federal agency, warned employees, or informed other individuals of a serious danger associated with a covered product, covered service, or business practice, as required under this section. ``(2) Enforcement action.-- ``(A) In general.--A person who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief under paragraph (3), by-- ``(i) filing a complaint with the Secretary of Labor; or ``(ii) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(iii) Burdens of proof.--An action brought under subparagraph (A)(ii) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49. ``(iv) Statute of limitations.--An action under subparagraph (A) shall be commenced not later than 180 days after the date on which the violation occurs, or after the date on which the employee became aware of the violation. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(3) Remedies.-- ``(A) In general.--An employee prevailing in any action under paragraph (2)(A) shall be entitled to all relief necessary to make the employee whole. ``(B) Compensatory damages.--Relief for any action under subparagraph (A) shall include-- ``(i) reinstatement with the same seniority status that the employee would have had, but for the discrimination; ``(ii) the amount of back pay, with interest; and ``(iii) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. ``(4) Rights retained by employee.--Nothing in this subsection shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(B) Predispute arbitration agreements.--No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this subsection. ``Sec. 2083. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 101 the following: ``101A. Reporting standards................................ 2081''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act. <all>

Hide No Harm Act of 2022

A bill to establish criminal penalties for failing to inform and warn of serious dangers.

Hide No Harm Act of 2022

Sen. Blumenthal, Richard

D

CT

This bill establishes criminal penalties for corporate officers who fail to inform federal agencies, their employees, or affected individuals of any serious physical danger that is associated with their products or services. It also prohibits retaliatory action against whistleblowers.

SEC. CRIMINAL PENALTIES. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 101 the following: ``CHAPTER 101A--REPORTING STANDARDS ``Sec. ``2081. Definitions. ``2082. ``2083. Relationship to existing law. Failure to inform and warn ``(a) Requirement.--After acquiring actual knowledge of a serious danger associated with a covered product (or component of a covered product), covered service, or business practice of a business entity, a business entity and any responsible corporate officer with respect to the covered product, covered service, or business practice, shall-- ``(1) as soon as practicable and not later than 24 hours after acquiring such knowledge, verbally inform an appropriate Federal agency of the serious danger, unless the business entity or responsible corporate officer has actual knowledge that an appropriate Federal agency has been so informed; ``(2) not later than 15 days after acquiring such knowledge, inform an appropriate Federal agency in writing of the serious danger, unless the business entity or responsible corporate officer has actual knowledge than an appropriate Federal agency has been so informed; ``(3) as soon as practicable, warn affected employees in writing, unless the business entity or responsible corporate officer has actual knowledge that affected employees have been so warned; and ``(4) as soon as practicable, inform individuals, other than affected employees, who may be exposed to the serious danger of the serious danger if such individuals can reasonably be identified, unless the business entity or responsible corporate officer has actual knowledge that such individuals have been warned. ``(2) Enforcement action.-- ``(A) In general.--A person who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief under paragraph (3), by-- ``(i) filing a complaint with the Secretary of Labor; or ``(ii) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act.

SEC. CRIMINAL PENALTIES. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 101 the following: ``CHAPTER 101A--REPORTING STANDARDS ``Sec. ``2081. Definitions. ``2082. ``2083. Relationship to existing law. Failure to inform and warn ``(a) Requirement.--After acquiring actual knowledge of a serious danger associated with a covered product (or component of a covered product), covered service, or business practice of a business entity, a business entity and any responsible corporate officer with respect to the covered product, covered service, or business practice, shall-- ``(1) as soon as practicable and not later than 24 hours after acquiring such knowledge, verbally inform an appropriate Federal agency of the serious danger, unless the business entity or responsible corporate officer has actual knowledge that an appropriate Federal agency has been so informed; ``(2) not later than 15 days after acquiring such knowledge, inform an appropriate Federal agency in writing of the serious danger, unless the business entity or responsible corporate officer has actual knowledge than an appropriate Federal agency has been so informed; ``(3) as soon as practicable, warn affected employees in writing, unless the business entity or responsible corporate officer has actual knowledge that affected employees have been so warned; and ``(4) as soon as practicable, inform individuals, other than affected employees, who may be exposed to the serious danger of the serious danger if such individuals can reasonably be identified, unless the business entity or responsible corporate officer has actual knowledge that such individuals have been warned. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act.

SEC. CRIMINAL PENALTIES. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 101 the following: ``CHAPTER 101A--REPORTING STANDARDS ``Sec. ``2081. Definitions. ``2082. ``2083. Relationship to existing law. Failure to inform and warn ``(a) Requirement.--After acquiring actual knowledge of a serious danger associated with a covered product (or component of a covered product), covered service, or business practice of a business entity, a business entity and any responsible corporate officer with respect to the covered product, covered service, or business practice, shall-- ``(1) as soon as practicable and not later than 24 hours after acquiring such knowledge, verbally inform an appropriate Federal agency of the serious danger, unless the business entity or responsible corporate officer has actual knowledge that an appropriate Federal agency has been so informed; ``(2) not later than 15 days after acquiring such knowledge, inform an appropriate Federal agency in writing of the serious danger, unless the business entity or responsible corporate officer has actual knowledge than an appropriate Federal agency has been so informed; ``(3) as soon as practicable, warn affected employees in writing, unless the business entity or responsible corporate officer has actual knowledge that affected employees have been so warned; and ``(4) as soon as practicable, inform individuals, other than affected employees, who may be exposed to the serious danger of the serious danger if such individuals can reasonably be identified, unless the business entity or responsible corporate officer has actual knowledge that such individuals have been warned. ``(2) Enforcement action.-- ``(A) In general.--A person who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief under paragraph (3), by-- ``(i) filing a complaint with the Secretary of Labor; or ``(ii) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act.

SEC. CRIMINAL PENALTIES. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 101 the following: ``CHAPTER 101A--REPORTING STANDARDS ``Sec. ``2081. Definitions. ``2082. ``2083. Relationship to existing law. Definitions ``In this chapter-- ``(1) the term `appropriate Federal agency' means an agency with jurisdiction over a covered product, covered service, or business practice; ``(2) the term `business entity' means a corporation, company, association, firm, partnership, sole proprietor, or other entity engaged in the operation of a business; ``(3) the term `business practice' means a method or practice of-- ``(A) manufacturing, assembling, designing, researching, importing, or distributing a covered product; ``(B) conducting, providing, or preparing to provide a covered service; or ``(C) otherwise carrying out business operations relating to covered products or covered services; ``(4) the term `covered product' means a product manufactured, assembled, designed, researched, imported, or distributed by a business entity that enters interstate commerce; ``(5) the term `covered service' means a service conducted, provided, or prepared by a business entity that enters interstate commerce; ``(6) the term `responsible corporate officer' means a person who-- ``(A) is an employer, director, or officer of a business entity; ``(B) has the responsibility and authority, by reason of his or her position in the business entity and in accordance with the rules or practice of the business entity, to acquire knowledge of any serious danger associated with a covered product (or component of a covered product), covered service, or business practice of the business entity; and ``(C) has the responsibility, by reason of his or her position in the business entity, to communicate information about the serious danger to-- ``(i) an appropriate Federal agency; ``(ii) employees of the business entity; or ``(iii) individuals, other than employees of the business entity, who may be exposed to the serious danger; ``(7) the term `serious bodily injury' means an impairment of the physical condition of an individual, including as a result of trauma, repetitive motion, or disease, that-- ``(A) creates a substantial risk of death; or ``(B) causes-- ``(i) serious permanent disfigurement; ``(ii) unconsciousness; ``(iii) extreme pain; or ``(iv) permanent or protracted loss or impairment of the function of any bodily member, organ, bodily system, or mental faculty; ``(8) the term `serious danger' means a danger, not readily apparent to a reasonable person, that the normal or reasonably foreseeable use of, or the exposure of an individual to, a covered product, covered service, or business practice has an imminent risk of causing death or serious bodily injury to an individual; and ``(9) the term `warn affected employees' means take reasonable steps to give, to each individual who is exposed or may be exposed to a serious danger in the course of work for a business entity, a description of the serious danger that is sufficient to make the individual aware of the serious danger. Failure to inform and warn ``(a) Requirement.--After acquiring actual knowledge of a serious danger associated with a covered product (or component of a covered product), covered service, or business practice of a business entity, a business entity and any responsible corporate officer with respect to the covered product, covered service, or business practice, shall-- ``(1) as soon as practicable and not later than 24 hours after acquiring such knowledge, verbally inform an appropriate Federal agency of the serious danger, unless the business entity or responsible corporate officer has actual knowledge that an appropriate Federal agency has been so informed; ``(2) not later than 15 days after acquiring such knowledge, inform an appropriate Federal agency in writing of the serious danger, unless the business entity or responsible corporate officer has actual knowledge than an appropriate Federal agency has been so informed; ``(3) as soon as practicable, warn affected employees in writing, unless the business entity or responsible corporate officer has actual knowledge that affected employees have been so warned; and ``(4) as soon as practicable, inform individuals, other than affected employees, who may be exposed to the serious danger of the serious danger if such individuals can reasonably be identified, unless the business entity or responsible corporate officer has actual knowledge that such individuals have been warned. ``(2) Enforcement action.-- ``(A) In general.--A person who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief under paragraph (3), by-- ``(i) filing a complaint with the Secretary of Labor; or ``(ii) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act.

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

Hide No Harm Act of 2022 - Amends the Federal criminal code to establish criminal penalties for failing to inform and warn of serious dangers. Requires a business entity and its responsible corporate officer to: (1) inform an appropriate federal agency of the serious danger within 24 hours after acquiring such knowledge; and (2) take reasonable steps to give each individual who is exposed or may be Amends Federal labor law to authorize a person who alleges discharge or other discrimination by any person to seek relief by filing a complaint with the Secretary of Labor or, if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the claimant's bad faith, bringing an action at law or equity for de no

H.R.9361

Crime and Law Enforcement

Hide No Harm Act of 2022 This bill establishes criminal penalties for corporate officers who fail to inform federal agencies, their employees, or affected individuals of any serious physical danger that is associated with their products or services. It also prohibits retaliatory action against whistleblowers.

To establish criminal penalties for failing to inform and warn of serious dangers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hide No Harm Act of 2022''. SEC. 2. CRIMINAL PENALTIES. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 101 the following: ``CHAPTER 101A--REPORTING STANDARDS ``Sec. ``2081. Definitions. ``2082. Failure to inform and warn. ``2083. Relationship to existing law. ``Sec. 2081. Definitions ``In this chapter-- ``(1) the term `appropriate Federal agency' means an agency with jurisdiction over a covered product, covered service, or business practice; ``(2) the term `business entity' means a corporation, company, association, firm, partnership, sole proprietor, or other entity engaged in the operation of a business; ``(3) the term `business practice' means a method or practice of-- ``(A) manufacturing, assembling, designing, researching, importing, or distributing a covered product; ``(B) conducting, providing, or preparing to provide a covered service; or ``(C) otherwise carrying out business operations relating to covered products or covered services; ``(4) the term `covered product' means a product manufactured, assembled, designed, researched, imported, or distributed by a business entity that enters interstate commerce; ``(5) the term `covered service' means a service conducted, provided, or prepared by a business entity that enters interstate commerce; ``(6) the term `responsible corporate officer' means a person who-- ``(A) is an employer, director, or officer of a business entity; ``(B) has the responsibility and authority, by reason of his or her position in the business entity and in accordance with the rules or practice of the business entity, to acquire knowledge of any serious danger associated with a covered product (or component of a covered product), covered service, or business practice of the business entity; and ``(C) has the responsibility, by reason of his or her position in the business entity, to communicate information about the serious danger to-- ``(i) an appropriate Federal agency; ``(ii) employees of the business entity; or ``(iii) individuals, other than employees of the business entity, who may be exposed to the serious danger; ``(7) the term `serious bodily injury' means an impairment of the physical condition of an individual, including as a result of trauma, repetitive motion, or disease, that-- ``(A) creates a substantial risk of death; or ``(B) causes-- ``(i) serious permanent disfigurement; ``(ii) unconsciousness; ``(iii) extreme pain; or ``(iv) permanent or protracted loss or impairment of the function of any bodily member, organ, bodily system, or mental faculty; ``(8) the term `serious danger' means a danger, not readily apparent to a reasonable person, that the normal or reasonably foreseeable use of, or the exposure of an individual to, a covered product, covered service, or business practice has an imminent risk of causing death or serious bodily injury to an individual; and ``(9) the term `warn affected employees' means take reasonable steps to give, to each individual who is exposed or may be exposed to a serious danger in the course of work for a business entity, a description of the serious danger that is sufficient to make the individual aware of the serious danger. ``Sec. 2082. Failure to inform and warn ``(a) Requirement.--After acquiring actual knowledge of a serious danger associated with a covered product (or component of a covered product), covered service, or business practice of a business entity, a business entity and any responsible corporate officer with respect to the covered product, covered service, or business practice, shall-- ``(1) as soon as practicable and not later than 24 hours after acquiring such knowledge, verbally inform an appropriate Federal agency of the serious danger, unless the business entity or responsible corporate officer has actual knowledge that an appropriate Federal agency has been so informed; ``(2) not later than 15 days after acquiring such knowledge, inform an appropriate Federal agency in writing of the serious danger, unless the business entity or responsible corporate officer has actual knowledge than an appropriate Federal agency has been so informed; ``(3) as soon as practicable, warn affected employees in writing, unless the business entity or responsible corporate officer has actual knowledge that affected employees have been so warned; and ``(4) as soon as practicable, inform individuals, other than affected employees, who may be exposed to the serious danger of the serious danger if such individuals can reasonably be identified, unless the business entity or responsible corporate officer has actual knowledge that such individuals have been warned. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(c) Civil Action To Protect Against Retaliation.-- ``(1) Prohibition.--It shall be unlawful to knowingly discriminate against any person in the terms or conditions of employment, in retention in employment, or in hiring because the person informed a Federal agency, warned employees, or informed other individuals of a serious danger associated with a covered product, covered service, or business practice, as required under this section. ``(2) Enforcement action.-- ``(A) In general.--A person who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief under paragraph (3), by-- ``(i) filing a complaint with the Secretary of Labor; or ``(ii) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(iii) Burdens of proof.--An action brought under subparagraph (A)(ii) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49. ``(iv) Statute of limitations.--An action under subparagraph (A) shall be commenced not later than 180 days after the date on which the violation occurs, or after the date on which the employee became aware of the violation. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(3) Remedies.-- ``(A) In general.--An employee prevailing in any action under paragraph (2)(A) shall be entitled to all relief necessary to make the employee whole. ``(B) Compensatory damages.--Relief for any action under subparagraph (A) shall include-- ``(i) reinstatement with the same seniority status that the employee would have had, but for the discrimination; ``(ii) the amount of back pay, with interest; and ``(iii) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. ``(4) Rights retained by employee.--Nothing in this subsection shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(B) Predispute arbitration agreements.--No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this subsection. ``Sec. 2083. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 101 the following: ``101A. Reporting standards................................ 2081''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act. <all>

Hide No Harm Act of 2022

To establish criminal penalties for failing to inform and warn of serious dangers.

Hide No Harm Act of 2022

Rep. Scanlon, Mary Gay

D

PA

This bill establishes criminal penalties for corporate officers who fail to inform federal agencies, their employees, or affected individuals of any serious physical danger that is associated with their products or services. It also prohibits retaliatory action against whistleblowers.

SEC. CRIMINAL PENALTIES. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 101 the following: ``CHAPTER 101A--REPORTING STANDARDS ``Sec. ``2081. Definitions. ``2082. ``2083. Relationship to existing law. Failure to inform and warn ``(a) Requirement.--After acquiring actual knowledge of a serious danger associated with a covered product (or component of a covered product), covered service, or business practice of a business entity, a business entity and any responsible corporate officer with respect to the covered product, covered service, or business practice, shall-- ``(1) as soon as practicable and not later than 24 hours after acquiring such knowledge, verbally inform an appropriate Federal agency of the serious danger, unless the business entity or responsible corporate officer has actual knowledge that an appropriate Federal agency has been so informed; ``(2) not later than 15 days after acquiring such knowledge, inform an appropriate Federal agency in writing of the serious danger, unless the business entity or responsible corporate officer has actual knowledge than an appropriate Federal agency has been so informed; ``(3) as soon as practicable, warn affected employees in writing, unless the business entity or responsible corporate officer has actual knowledge that affected employees have been so warned; and ``(4) as soon as practicable, inform individuals, other than affected employees, who may be exposed to the serious danger of the serious danger if such individuals can reasonably be identified, unless the business entity or responsible corporate officer has actual knowledge that such individuals have been warned. ``(2) Enforcement action.-- ``(A) In general.--A person who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief under paragraph (3), by-- ``(i) filing a complaint with the Secretary of Labor; or ``(ii) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act.

SEC. CRIMINAL PENALTIES. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 101 the following: ``CHAPTER 101A--REPORTING STANDARDS ``Sec. ``2081. Definitions. ``2082. ``2083. Relationship to existing law. Failure to inform and warn ``(a) Requirement.--After acquiring actual knowledge of a serious danger associated with a covered product (or component of a covered product), covered service, or business practice of a business entity, a business entity and any responsible corporate officer with respect to the covered product, covered service, or business practice, shall-- ``(1) as soon as practicable and not later than 24 hours after acquiring such knowledge, verbally inform an appropriate Federal agency of the serious danger, unless the business entity or responsible corporate officer has actual knowledge that an appropriate Federal agency has been so informed; ``(2) not later than 15 days after acquiring such knowledge, inform an appropriate Federal agency in writing of the serious danger, unless the business entity or responsible corporate officer has actual knowledge than an appropriate Federal agency has been so informed; ``(3) as soon as practicable, warn affected employees in writing, unless the business entity or responsible corporate officer has actual knowledge that affected employees have been so warned; and ``(4) as soon as practicable, inform individuals, other than affected employees, who may be exposed to the serious danger of the serious danger if such individuals can reasonably be identified, unless the business entity or responsible corporate officer has actual knowledge that such individuals have been warned. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act.

SEC. CRIMINAL PENALTIES. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 101 the following: ``CHAPTER 101A--REPORTING STANDARDS ``Sec. ``2081. Definitions. ``2082. ``2083. Relationship to existing law. Failure to inform and warn ``(a) Requirement.--After acquiring actual knowledge of a serious danger associated with a covered product (or component of a covered product), covered service, or business practice of a business entity, a business entity and any responsible corporate officer with respect to the covered product, covered service, or business practice, shall-- ``(1) as soon as practicable and not later than 24 hours after acquiring such knowledge, verbally inform an appropriate Federal agency of the serious danger, unless the business entity or responsible corporate officer has actual knowledge that an appropriate Federal agency has been so informed; ``(2) not later than 15 days after acquiring such knowledge, inform an appropriate Federal agency in writing of the serious danger, unless the business entity or responsible corporate officer has actual knowledge than an appropriate Federal agency has been so informed; ``(3) as soon as practicable, warn affected employees in writing, unless the business entity or responsible corporate officer has actual knowledge that affected employees have been so warned; and ``(4) as soon as practicable, inform individuals, other than affected employees, who may be exposed to the serious danger of the serious danger if such individuals can reasonably be identified, unless the business entity or responsible corporate officer has actual knowledge that such individuals have been warned. ``(2) Enforcement action.-- ``(A) In general.--A person who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief under paragraph (3), by-- ``(i) filing a complaint with the Secretary of Labor; or ``(ii) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act.

SEC. CRIMINAL PENALTIES. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 101 the following: ``CHAPTER 101A--REPORTING STANDARDS ``Sec. ``2081. Definitions. ``2082. ``2083. Relationship to existing law. Definitions ``In this chapter-- ``(1) the term `appropriate Federal agency' means an agency with jurisdiction over a covered product, covered service, or business practice; ``(2) the term `business entity' means a corporation, company, association, firm, partnership, sole proprietor, or other entity engaged in the operation of a business; ``(3) the term `business practice' means a method or practice of-- ``(A) manufacturing, assembling, designing, researching, importing, or distributing a covered product; ``(B) conducting, providing, or preparing to provide a covered service; or ``(C) otherwise carrying out business operations relating to covered products or covered services; ``(4) the term `covered product' means a product manufactured, assembled, designed, researched, imported, or distributed by a business entity that enters interstate commerce; ``(5) the term `covered service' means a service conducted, provided, or prepared by a business entity that enters interstate commerce; ``(6) the term `responsible corporate officer' means a person who-- ``(A) is an employer, director, or officer of a business entity; ``(B) has the responsibility and authority, by reason of his or her position in the business entity and in accordance with the rules or practice of the business entity, to acquire knowledge of any serious danger associated with a covered product (or component of a covered product), covered service, or business practice of the business entity; and ``(C) has the responsibility, by reason of his or her position in the business entity, to communicate information about the serious danger to-- ``(i) an appropriate Federal agency; ``(ii) employees of the business entity; or ``(iii) individuals, other than employees of the business entity, who may be exposed to the serious danger; ``(7) the term `serious bodily injury' means an impairment of the physical condition of an individual, including as a result of trauma, repetitive motion, or disease, that-- ``(A) creates a substantial risk of death; or ``(B) causes-- ``(i) serious permanent disfigurement; ``(ii) unconsciousness; ``(iii) extreme pain; or ``(iv) permanent or protracted loss or impairment of the function of any bodily member, organ, bodily system, or mental faculty; ``(8) the term `serious danger' means a danger, not readily apparent to a reasonable person, that the normal or reasonably foreseeable use of, or the exposure of an individual to, a covered product, covered service, or business practice has an imminent risk of causing death or serious bodily injury to an individual; and ``(9) the term `warn affected employees' means take reasonable steps to give, to each individual who is exposed or may be exposed to a serious danger in the course of work for a business entity, a description of the serious danger that is sufficient to make the individual aware of the serious danger. Failure to inform and warn ``(a) Requirement.--After acquiring actual knowledge of a serious danger associated with a covered product (or component of a covered product), covered service, or business practice of a business entity, a business entity and any responsible corporate officer with respect to the covered product, covered service, or business practice, shall-- ``(1) as soon as practicable and not later than 24 hours after acquiring such knowledge, verbally inform an appropriate Federal agency of the serious danger, unless the business entity or responsible corporate officer has actual knowledge that an appropriate Federal agency has been so informed; ``(2) not later than 15 days after acquiring such knowledge, inform an appropriate Federal agency in writing of the serious danger, unless the business entity or responsible corporate officer has actual knowledge than an appropriate Federal agency has been so informed; ``(3) as soon as practicable, warn affected employees in writing, unless the business entity or responsible corporate officer has actual knowledge that affected employees have been so warned; and ``(4) as soon as practicable, inform individuals, other than affected employees, who may be exposed to the serious danger of the serious danger if such individuals can reasonably be identified, unless the business entity or responsible corporate officer has actual knowledge that such individuals have been warned. ``(2) Enforcement action.-- ``(A) In general.--A person who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief under paragraph (3), by-- ``(i) filing a complaint with the Secretary of Labor; or ``(ii) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act.

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

To establish criminal penalties for failing to inform and warn of serious dangers. This Act may be cited as the ``Hide No Harm Act of 2022''. ``(b) Penalty.-- ``(1) In general.--Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(2) Prohibition of payment by business entities.--If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. ``(b) Rule of Construction.--Nothing in this chapter shall be construed to-- ``(1) increase the time period for informing of a serious danger or other harm under any other provision of law; or ``(2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law.''. (

Hide No Harm Act of 2022 - Amends the Federal criminal code to establish criminal penalties for failing to inform and warn of serious dangers. Requires a business entity and its responsible corporate officer to: (1) inform an appropriate federal agency of the serious danger within 24 hours after acquiring such knowledge; and (2) take reasonable steps to give each individual who is exposed or may be Amends Federal labor law to authorize a person who alleges discharge or other discrimination by any person to seek relief by filing a complaint with the Secretary of Labor or, if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the claimant's bad faith, bringing an action at law or equity for de no

H.R.5936

Finance and Financial Sector

Ransomware and Financial Stability Act of 2021 This bill requires financial institutions to inform the Financial Crimes Enforcement Network of a ransomware attack and any associated demand of payment. Further, the institution may not make such a payment in an amount greater than $100,000 without authorization from the appropriate federal law enforcement agency. The President may waive the notification requirement if it is in the national interest.

To include requirements relating to ransomware attack deterrence for a covered U.S. financial institution in the Consolidated Appropriations Act, 2021, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ransomware and Financial Stability Act of 2021''. SEC. 2. RANSOMWARE ATTACK DETERRENCE. (a) In General.--Section 108 of title I of division Q of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 135 Stat. 2173; 12 U.S.C. 1811 note) is amended-- (1) in the subsection heading, by striking ``report''; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (3) by inserting the following after subsection (c): ``(d) Ransomware Attack Deterrence.-- ``(1) Requirements.-- ``(A) In general.--A covered U.S. financial institution subject to a ransomware attack may not make a ransomware payment in response to such ransomware attack-- ``(i) before submitting the notification described in paragraph (2); and ``(ii) in an amount greater than $100,000, unless the payment is subject to a ransomware payment authorization. ``(B) Rule of construction.--Nothing in this subsection shall be construed to permit a ransomware payment that is otherwise prohibited by law. ``(2) Notification described.-- ``(A) In general.--The notification described in this paragraph shall be submitted by a covered U.S. financial institution to the Director of the Financial Crimes Enforcement Network and shall include-- ``(i) a determination by such institution that such institution is subject to a ransomware attack; and ``(ii) a description of the ransomware attack and any associated ransomware payment demanded. ``(B) Contents.--To ensure efficient notification and resolution of a ransomware attack, the Secretary of the Treasury-- ``(i) shall, in consultation with interested persons, issue guidance specifying information required to be included in the notification described in this paragraph; and ``(ii) may not require, to be included in such notification, information that is unavailable to a covered U.S. financial institution, based on good-faith efforts of such institution to provide information. ``(3) Waiver.--The President may waive the requirements of paragraph (2) with respect to a covered U.S. financial institution if the President determines that the waiver is in the national interest of the United States and notifies such institution and the appropriate members of Congress of such waiver. ``(4) Safe harbor with respect to ransomware payment authorizations and good-faith determinations.-- ``(A) In general.--With respect to a ransomware payment made under paragraph (2)(B) or a waiver issued under paragraph (3)-- ``(i) a U.S. financial institution shall not be liable under subchapter II of chapter 53 of title 31, United States Code, or chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951 et seq.) for making a ransomware payment consistent with the parameters and timing of a ransomware payment authorization; and ``(ii) no Federal or State department or agency may take any adverse supervisory action with respect to the U.S. financial institution solely for making a ransomware payment consistent with the parameters and timing of the authorization. ``(B) Good-faith efforts to assess ransomware attacks.--A covered U.S. financial institution may not be held liable for deficiencies in describing a ransomware attack in a notification described under paragraph (2) if such institution engaged in good-faith efforts to determine the nature of the ransomware attack. ``(C) Rule of construction.--Nothing in this paragraph may be construed-- ``(i) to prevent a Federal or State department or agency from verifying the validity of a ransomware payment authorization with the law enforcement agency submitting that authorization; ``(ii) to relieve a U.S. financial institution from complying with any other provision of law, including the reporting of suspicious transactions under section 5318(g) of title 31, United States Code; or ``(iii) to extend the safe harbor described in this paragraph to any actions taken by the U.S. financial institution-- ``(I) before the date of issuance of ransomware payment authorization; or ``(II) after any termination date stated in the ransomware payment authorization ``(D) Ransomware payment authorization termination date.--Any ransomware payment authorization submitted under this subsection shall include a termination date after which that authorization shall no longer apply. ``(E) Records.--Any Federal law enforcement agency that submits to a U.S. financial institution a ransomware payment authorization shall, not later than 2 business days after the date on which the authorization is submitted to the U.S. financial institution-- ``(i) submit to the Director of the Financial Crimes Enforcement Network a copy of the authorization; and ``(ii) alert the Director as to whether the U.S. financial institution has implemented the request. ``(F) Guidance.--The Secretary of the Treasury, in coordination with the Attorney General, shall issue guidance on the required elements of a ransomware payment authorization. ``(5) Confidentiality of information.-- ``(A) In general.--Except as provided in paragraph (2), any information or document provided by a U.S. financial institution to a Federal law enforcement agency pursuant to this subsection-- ``(i) shall be exempt from disclosure under section 552 of title 5, United States Code; and ``(ii) may not be made publicly available. ``(B) Exceptions.--Paragraph (1) shall not prohibit the disclosure of the following: ``(i) Information relevant to any administrative or judicial action or proceeding. ``(ii) Information requested by the appropriate members of Congress or otherwise required to be submitted to Congress. ``(iii) Information required for Federal law enforcement or intelligence purposes (as determined by the Attorney General), in consultation with the Director of the Financial Crimes Enforcement Network to be disclosed to a domestic governmental entity or to a governmental entity of a United States ally or partner, only to the extent necessary for such purposes, and subject to appropriate confidentiality and classification requirements. ``(iv) Anonymized information required for the production of aggregate data or statistical analyses. ``(v) Information that the U.S. financial institution has consented to be disclosed to third parties. ``(6) Definitions.--In this subsection: ``(A) Covered u.s. financial institution.--The term `covered U.S. financial institution' means-- ``(i) any financial market utility that the Financial Stability Oversight Council has designated as systemically important under section 804 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; ``(ii) any exchange registered under section 6 of the Securities Exchange Act of 1934 that facilitates trading in any national market system security, as defined in section 242.600 of title 17, Code of Federal Regulations (or any successor regulation), and which exchange during at least four of the preceding six calendar months had-- ``(I) with respect to all national market system securities that are not options, 10 percent or more of the average daily dollar volume reported by applicable transaction reporting plans; or ``(II) with respect to all listed options, 15 percent or more of the average daily dollar volume reported by applicable national market system plans for reporting transactions in listed options; and ``(iii) any technology service provider in the Significant Service Provider Program of the Financial Institutions Examination Council that provides core processing services that is determined by the Council to be a significant technology service provider. ``(B) Malicious software.--The term `malicious software' means software that, when deployed, results in the loss of access to data or the loss of functionality of an information and communications system or network of a U.S. financial institution. ``(C) Ransomware attack.--The term `ransomware attack' means the deployment of malicious software for the purpose of demanding payment in exchange for restoring critical access to, or the critical functionality of, an information and communications system or network. ``(D) Ransomware payment.--The term `ransomware payment' means a payment made by a U.S. financial institution (including a payment made through use of digital currency) to, at the request of, or for the benefit of a person responsible for a ransomware attack in exchange for restoration of the access or functionality of an information and communications system or network of the institution. ``(E) Ransomware payment authorization.--The term `ransomware payment authorization' means, with respect to a ransomware payment made by a U.S. financial institution, a written notice from a Federal law enforcement agency to authorize such ransomware payment.''; (4) in subsection (f), as so redesignated, by striking ``after the date of enactment of this Act'' and inserting ``after the date of enactment of the Ransomware and Financial Stability Act of 2021''; and (5) by adding at the end the following new subsection: ``(g) Short Title.--This section may be cited as the `Cybersecurity and Financial System Resilience Act'.''. (b) Applicability.-- (1) In general.--The amendments made by this Act shall apply to a covered U.S. financial institution (as defined in subsection (d) of the Cybersecurity and Financial System Resilience Act (Public Law 116-260; 135 Stat. 2173; 12 U.S.C. 1811 note), as added by this Act) beginning on the earlier of the date that is-- (A) 30 days after publication in the Federal Register of rules implementing this Act; or (B) 1 year after the date of the enactment of this Act. (c) Sunset.--This Act and the amendments made by this Act shall be repealed 10 years after the applicability date described in subsection (b). <all>

Ransomware and Financial Stability Act of 2021

To include requirements relating to ransomware attack deterrence for a covered U.S. financial institution in the Consolidated Appropriations Act, 2021, and for other purposes.

Ransomware and Financial Stability Act of 2021 Cybersecurity and Financial System Resilience Act

Rep. McHenry, Patrick T.

R

NC

This bill requires financial institutions to inform the Financial Crimes Enforcement Network of a ransomware attack and any associated demand of payment. Further, the institution may not make such a payment in an amount greater than $100,000 without authorization from the appropriate federal law enforcement agency. The President may waive the notification requirement if it is in the national interest.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ransomware and Financial Stability Act of 2021''. RANSOMWARE ATTACK DETERRENCE. ``(B) Contents.--To ensure efficient notification and resolution of a ransomware attack, the Secretary of the Treasury-- ``(i) shall, in consultation with interested persons, issue guidance specifying information required to be included in the notification described in this paragraph; and ``(ii) may not require, to be included in such notification, information that is unavailable to a covered U.S. financial institution, based on good-faith efforts of such institution to provide information. ``(E) Records.--Any Federal law enforcement agency that submits to a U.S. financial institution a ransomware payment authorization shall, not later than 2 business days after the date on which the authorization is submitted to the U.S. financial institution-- ``(i) submit to the Director of the Financial Crimes Enforcement Network a copy of the authorization; and ``(ii) alert the Director as to whether the U.S. financial institution has implemented the request. ``(B) Exceptions.--Paragraph (1) shall not prohibit the disclosure of the following: ``(i) Information relevant to any administrative or judicial action or proceeding. ``(6) Definitions.--In this subsection: ``(A) Covered u.s. financial institution.--The term `covered U.S. financial institution' means-- ``(i) any financial market utility that the Financial Stability Oversight Council has designated as systemically important under section 804 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; ``(ii) any exchange registered under section 6 of the Securities Exchange Act of 1934 that facilitates trading in any national market system security, as defined in section 242.600 of title 17, Code of Federal Regulations (or any successor regulation), and which exchange during at least four of the preceding six calendar months had-- ``(I) with respect to all national market system securities that are not options, 10 percent or more of the average daily dollar volume reported by applicable transaction reporting plans; or ``(II) with respect to all listed options, 15 percent or more of the average daily dollar volume reported by applicable national market system plans for reporting transactions in listed options; and ``(iii) any technology service provider in the Significant Service Provider Program of the Financial Institutions Examination Council that provides core processing services that is determined by the Council to be a significant technology service provider. ``(B) Malicious software.--The term `malicious software' means software that, when deployed, results in the loss of access to data or the loss of functionality of an information and communications system or network of a U.S. financial institution. (b) Applicability.-- (1) In general.--The amendments made by this Act shall apply to a covered U.S. financial institution (as defined in subsection (d) of the Cybersecurity and Financial System Resilience Act (Public Law 116-260; 135 Stat. 2173; 12 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 ``Ransomware and Financial Stability Act of 2021''. RANSOMWARE ATTACK DETERRENCE. ``(E) Records.--Any Federal law enforcement agency that submits to a U.S. financial institution a ransomware payment authorization shall, not later than 2 business days after the date on which the authorization is submitted to the U.S. financial institution-- ``(i) submit to the Director of the Financial Crimes Enforcement Network a copy of the authorization; and ``(ii) alert the Director as to whether the U.S. financial institution has implemented the request. ``(B) Exceptions.--Paragraph (1) shall not prohibit the disclosure of the following: ``(i) Information relevant to any administrative or judicial action or proceeding. ``(B) Malicious software.--The term `malicious software' means software that, when deployed, results in the loss of access to data or the loss of functionality of an information and communications system or network of a U.S. financial institution. (b) Applicability.-- (1) In general.--The amendments made by this Act shall apply to a covered U.S. financial institution (as defined in subsection (d) of the Cybersecurity and Financial System Resilience Act (Public Law 116-260; 135 Stat. 2173; 12 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 ``Ransomware and Financial Stability Act of 2021''. SEC. RANSOMWARE ATTACK DETERRENCE. ``(B) Rule of construction.--Nothing in this subsection shall be construed to permit a ransomware payment that is otherwise prohibited by law. ``(B) Contents.--To ensure efficient notification and resolution of a ransomware attack, the Secretary of the Treasury-- ``(i) shall, in consultation with interested persons, issue guidance specifying information required to be included in the notification described in this paragraph; and ``(ii) may not require, to be included in such notification, information that is unavailable to a covered U.S. financial institution, based on good-faith efforts of such institution to provide information. ``(3) Waiver.--The President may waive the requirements of paragraph (2) with respect to a covered U.S. financial institution if the President determines that the waiver is in the national interest of the United States and notifies such institution and the appropriate members of Congress of such waiver. 1951 et seq.) for making a ransomware payment consistent with the parameters and timing of a ransomware payment authorization; and ``(ii) no Federal or State department or agency may take any adverse supervisory action with respect to the U.S. financial institution solely for making a ransomware payment consistent with the parameters and timing of the authorization. ``(E) Records.--Any Federal law enforcement agency that submits to a U.S. financial institution a ransomware payment authorization shall, not later than 2 business days after the date on which the authorization is submitted to the U.S. financial institution-- ``(i) submit to the Director of the Financial Crimes Enforcement Network a copy of the authorization; and ``(ii) alert the Director as to whether the U.S. financial institution has implemented the request. ``(B) Exceptions.--Paragraph (1) shall not prohibit the disclosure of the following: ``(i) Information relevant to any administrative or judicial action or proceeding. ``(iii) Information required for Federal law enforcement or intelligence purposes (as determined by the Attorney General), in consultation with the Director of the Financial Crimes Enforcement Network to be disclosed to a domestic governmental entity or to a governmental entity of a United States ally or partner, only to the extent necessary for such purposes, and subject to appropriate confidentiality and classification requirements. ``(iv) Anonymized information required for the production of aggregate data or statistical analyses. ``(6) Definitions.--In this subsection: ``(A) Covered u.s. financial institution.--The term `covered U.S. financial institution' means-- ``(i) any financial market utility that the Financial Stability Oversight Council has designated as systemically important under section 804 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; ``(ii) any exchange registered under section 6 of the Securities Exchange Act of 1934 that facilitates trading in any national market system security, as defined in section 242.600 of title 17, Code of Federal Regulations (or any successor regulation), and which exchange during at least four of the preceding six calendar months had-- ``(I) with respect to all national market system securities that are not options, 10 percent or more of the average daily dollar volume reported by applicable transaction reporting plans; or ``(II) with respect to all listed options, 15 percent or more of the average daily dollar volume reported by applicable national market system plans for reporting transactions in listed options; and ``(iii) any technology service provider in the Significant Service Provider Program of the Financial Institutions Examination Council that provides core processing services that is determined by the Council to be a significant technology service provider. ``(B) Malicious software.--The term `malicious software' means software that, when deployed, results in the loss of access to data or the loss of functionality of an information and communications system or network of a U.S. financial institution. (b) Applicability.-- (1) In general.--The amendments made by this Act shall apply to a covered U.S. financial institution (as defined in subsection (d) of the Cybersecurity and Financial System Resilience Act (Public Law 116-260; 135 Stat. 2173; 12 U.S.C. 1811 note), as added by this Act) beginning on the earlier of the date that is-- (A) 30 days after publication in the Federal Register of rules implementing this Act; or (B) 1 year after the date of the enactment of this Act.

To include requirements relating to ransomware attack deterrence for a covered U.S. financial institution in the Consolidated Appropriations Act, 2021, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ransomware and Financial Stability Act of 2021''. SEC. RANSOMWARE ATTACK DETERRENCE. ``(B) Rule of construction.--Nothing in this subsection shall be construed to permit a ransomware payment that is otherwise prohibited by law. ``(B) Contents.--To ensure efficient notification and resolution of a ransomware attack, the Secretary of the Treasury-- ``(i) shall, in consultation with interested persons, issue guidance specifying information required to be included in the notification described in this paragraph; and ``(ii) may not require, to be included in such notification, information that is unavailable to a covered U.S. financial institution, based on good-faith efforts of such institution to provide information. ``(3) Waiver.--The President may waive the requirements of paragraph (2) with respect to a covered U.S. financial institution if the President determines that the waiver is in the national interest of the United States and notifies such institution and the appropriate members of Congress of such waiver. ``(4) Safe harbor with respect to ransomware payment authorizations and good-faith determinations.-- ``(A) In general.--With respect to a ransomware payment made under paragraph (2)(B) or a waiver issued under paragraph (3)-- ``(i) a U.S. financial institution shall not be liable under subchapter II of chapter 53 of title 31, United States Code, or chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951 et seq.) for making a ransomware payment consistent with the parameters and timing of a ransomware payment authorization; and ``(ii) no Federal or State department or agency may take any adverse supervisory action with respect to the U.S. financial institution solely for making a ransomware payment consistent with the parameters and timing of the authorization. ``(E) Records.--Any Federal law enforcement agency that submits to a U.S. financial institution a ransomware payment authorization shall, not later than 2 business days after the date on which the authorization is submitted to the U.S. financial institution-- ``(i) submit to the Director of the Financial Crimes Enforcement Network a copy of the authorization; and ``(ii) alert the Director as to whether the U.S. financial institution has implemented the request. ``(5) Confidentiality of information.-- ``(A) In general.--Except as provided in paragraph (2), any information or document provided by a U.S. financial institution to a Federal law enforcement agency pursuant to this subsection-- ``(i) shall be exempt from disclosure under section 552 of title 5, United States Code; and ``(ii) may not be made publicly available. ``(B) Exceptions.--Paragraph (1) shall not prohibit the disclosure of the following: ``(i) Information relevant to any administrative or judicial action or proceeding. ``(iii) Information required for Federal law enforcement or intelligence purposes (as determined by the Attorney General), in consultation with the Director of the Financial Crimes Enforcement Network to be disclosed to a domestic governmental entity or to a governmental entity of a United States ally or partner, only to the extent necessary for such purposes, and subject to appropriate confidentiality and classification requirements. ``(iv) Anonymized information required for the production of aggregate data or statistical analyses. ``(v) Information that the U.S. financial institution has consented to be disclosed to third parties. ``(6) Definitions.--In this subsection: ``(A) Covered u.s. financial institution.--The term `covered U.S. financial institution' means-- ``(i) any financial market utility that the Financial Stability Oversight Council has designated as systemically important under section 804 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; ``(ii) any exchange registered under section 6 of the Securities Exchange Act of 1934 that facilitates trading in any national market system security, as defined in section 242.600 of title 17, Code of Federal Regulations (or any successor regulation), and which exchange during at least four of the preceding six calendar months had-- ``(I) with respect to all national market system securities that are not options, 10 percent or more of the average daily dollar volume reported by applicable transaction reporting plans; or ``(II) with respect to all listed options, 15 percent or more of the average daily dollar volume reported by applicable national market system plans for reporting transactions in listed options; and ``(iii) any technology service provider in the Significant Service Provider Program of the Financial Institutions Examination Council that provides core processing services that is determined by the Council to be a significant technology service provider. ``(B) Malicious software.--The term `malicious software' means software that, when deployed, results in the loss of access to data or the loss of functionality of an information and communications system or network of a U.S. financial institution. ''; (4) in subsection (f), as so redesignated, by striking ``after the date of enactment of this Act'' and inserting ``after the date of enactment of the Ransomware and Financial Stability Act of 2021''; and (5) by adding at the end the following new subsection: ``(g) Short Title.--This section may be cited as the `Cybersecurity and Financial System Resilience Act'.''. (b) Applicability.-- (1) In general.--The amendments made by this Act shall apply to a covered U.S. financial institution (as defined in subsection (d) of the Cybersecurity and Financial System Resilience Act (Public Law 116-260; 135 Stat. 2173; 12 U.S.C. 1811 note), as added by this Act) beginning on the earlier of the date that is-- (A) 30 days after publication in the Federal Register of rules implementing this Act; or (B) 1 year after the date of the enactment of this Act.

To include requirements relating to ransomware attack deterrence for a covered U.S. financial institution in the Consolidated Appropriations Act, 2021, and for other purposes. ``(B) Rule of construction.--Nothing in this subsection shall be construed to permit a ransomware payment that is otherwise prohibited by law. ``(2) Notification described.-- ``(A) In general.--The notification described in this paragraph shall be submitted by a covered U.S. financial institution to the Director of the Financial Crimes Enforcement Network and shall include-- ``(i) a determination by such institution that such institution is subject to a ransomware attack; and ``(ii) a description of the ransomware attack and any associated ransomware payment demanded. ``(B) Contents.--To ensure efficient notification and resolution of a ransomware attack, the Secretary of the Treasury-- ``(i) shall, in consultation with interested persons, issue guidance specifying information required to be included in the notification described in this paragraph; and ``(ii) may not require, to be included in such notification, information that is unavailable to a covered U.S. financial institution, based on good-faith efforts of such institution to provide information. ``(4) Safe harbor with respect to ransomware payment authorizations and good-faith determinations.-- ``(A) In general.--With respect to a ransomware payment made under paragraph (2)(B) or a waiver issued under paragraph (3)-- ``(i) a U.S. financial institution shall not be liable under subchapter II of chapter 53 of title 31, United States Code, or chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951 et seq.) for making a ransomware payment consistent with the parameters and timing of a ransomware payment authorization; and ``(ii) no Federal or State department or agency may take any adverse supervisory action with respect to the U.S. financial institution solely for making a ransomware payment consistent with the parameters and timing of the authorization. ``(E) Records.--Any Federal law enforcement agency that submits to a U.S. financial institution a ransomware payment authorization shall, not later than 2 business days after the date on which the authorization is submitted to the U.S. financial institution-- ``(i) submit to the Director of the Financial Crimes Enforcement Network a copy of the authorization; and ``(ii) alert the Director as to whether the U.S. financial institution has implemented the request. ``(F) Guidance.--The Secretary of the Treasury, in coordination with the Attorney General, shall issue guidance on the required elements of a ransomware payment authorization. ``(5) Confidentiality of information.-- ``(A) In general.--Except as provided in paragraph (2), any information or document provided by a U.S. financial institution to a Federal law enforcement agency pursuant to this subsection-- ``(i) shall be exempt from disclosure under section 552 of title 5, United States Code; and ``(ii) may not be made publicly available. ``(v) Information that the U.S. financial institution has consented to be disclosed to third parties. ``(6) Definitions.--In this subsection: ``(A) Covered u.s. ``(B) Malicious software.--The term `malicious software' means software that, when deployed, results in the loss of access to data or the loss of functionality of an information and communications system or network of a U.S. financial institution. ``(C) Ransomware attack.--The term `ransomware attack' means the deployment of malicious software for the purpose of demanding payment in exchange for restoring critical access to, or the critical functionality of, an information and communications system or network. b) Applicability.-- (1) In general.--The amendments made by this Act shall apply to a covered U.S. financial institution (as defined in subsection (d) of the Cybersecurity and Financial System Resilience Act (Public Law 116-260; 135 Stat. 1811 note), as added by this Act) beginning on the earlier of the date that is-- (A) 30 days after publication in the Federal Register of rules implementing this Act; or (B) 1 year after the date of the enactment of this Act. ( c) Sunset.--This Act and the amendments made by this Act shall be repealed 10 years after the applicability date described in subsection (b).

To include requirements relating to ransomware attack deterrence for a covered U.S. financial institution in the Consolidated Appropriations Act, 2021, and for other purposes. ``(B) Contents.--To ensure efficient notification and resolution of a ransomware attack, the Secretary of the Treasury-- ``(i) shall, in consultation with interested persons, issue guidance specifying information required to be included in the notification described in this paragraph; and ``(ii) may not require, to be included in such notification, information that is unavailable to a covered U.S. financial institution, based on good-faith efforts of such institution to provide information. ``(3) Waiver.--The President may waive the requirements of paragraph (2) with respect to a covered U.S. financial institution if the President determines that the waiver is in the national interest of the United States and notifies such institution and the appropriate members of Congress of such waiver. for making a ransomware payment consistent with the parameters and timing of a ransomware payment authorization; and ``(ii) no Federal or State department or agency may take any adverse supervisory action with respect to the U.S. financial institution solely for making a ransomware payment consistent with the parameters and timing of the authorization. ``(E) Records.--Any Federal law enforcement agency that submits to a U.S. financial institution a ransomware payment authorization shall, not later than 2 business days after the date on which the authorization is submitted to the U.S. financial institution-- ``(i) submit to the Director of the Financial Crimes Enforcement Network a copy of the authorization; and ``(ii) alert the Director as to whether the U.S. financial institution has implemented the request. ``(F) Guidance.--The Secretary of the Treasury, in coordination with the Attorney General, shall issue guidance on the required elements of a ransomware payment authorization. ``(6) Definitions.--In this subsection: ``(A) Covered u.s. ``(C) Ransomware attack.--The term `ransomware attack' means the deployment of malicious software for the purpose of demanding payment in exchange for restoring critical access to, or the critical functionality of, an information and communications system or network. ``(E) Ransomware payment authorization.--The term `ransomware payment authorization' means, with respect to a ransomware payment made by a U.S. financial institution, a written notice from a Federal law enforcement agency to authorize such ransomware payment. ''; ( 4) in subsection (f), as so redesignated, by striking ``after the date of enactment of this Act'' and inserting ``after the date of enactment of the Ransomware and Financial Stability Act of 2021''; and (5) by adding at the end the following new subsection: ``(g) Short Title.--This section may be cited as the `Cybersecurity and Financial System Resilience Act'.''. (

To include requirements relating to ransomware attack deterrence for a covered U.S. financial institution in the Consolidated Appropriations Act, 2021, and for other purposes. ``(B) Contents.--To ensure efficient notification and resolution of a ransomware attack, the Secretary of the Treasury-- ``(i) shall, in consultation with interested persons, issue guidance specifying information required to be included in the notification described in this paragraph; and ``(ii) may not require, to be included in such notification, information that is unavailable to a covered U.S. financial institution, based on good-faith efforts of such institution to provide information. ``(3) Waiver.--The President may waive the requirements of paragraph (2) with respect to a covered U.S. financial institution if the President determines that the waiver is in the national interest of the United States and notifies such institution and the appropriate members of Congress of such waiver. for making a ransomware payment consistent with the parameters and timing of a ransomware payment authorization; and ``(ii) no Federal or State department or agency may take any adverse supervisory action with respect to the U.S. financial institution solely for making a ransomware payment consistent with the parameters and timing of the authorization. ``(E) Records.--Any Federal law enforcement agency that submits to a U.S. financial institution a ransomware payment authorization shall, not later than 2 business days after the date on which the authorization is submitted to the U.S. financial institution-- ``(i) submit to the Director of the Financial Crimes Enforcement Network a copy of the authorization; and ``(ii) alert the Director as to whether the U.S. financial institution has implemented the request. ``(F) Guidance.--The Secretary of the Treasury, in coordination with the Attorney General, shall issue guidance on the required elements of a ransomware payment authorization. ``(6) Definitions.--In this subsection: ``(A) Covered u.s. ``(C) Ransomware attack.--The term `ransomware attack' means the deployment of malicious software for the purpose of demanding payment in exchange for restoring critical access to, or the critical functionality of, an information and communications system or network. ``(E) Ransomware payment authorization.--The term `ransomware payment authorization' means, with respect to a ransomware payment made by a U.S. financial institution, a written notice from a Federal law enforcement agency to authorize such ransomware payment. ''; ( 4) in subsection (f), as so redesignated, by striking ``after the date of enactment of this Act'' and inserting ``after the date of enactment of the Ransomware and Financial Stability Act of 2021''; and (5) by adding at the end the following new subsection: ``(g) Short Title.--This section may be cited as the `Cybersecurity and Financial System Resilience Act'.''. (

To include requirements relating to ransomware attack deterrence for a covered U.S. financial institution in the Consolidated Appropriations Act, 2021, and for other purposes. ``(B) Rule of construction.--Nothing in this subsection shall be construed to permit a ransomware payment that is otherwise prohibited by law. ``(2) Notification described.-- ``(A) In general.--The notification described in this paragraph shall be submitted by a covered U.S. financial institution to the Director of the Financial Crimes Enforcement Network and shall include-- ``(i) a determination by such institution that such institution is subject to a ransomware attack; and ``(ii) a description of the ransomware attack and any associated ransomware payment demanded. ``(B) Contents.--To ensure efficient notification and resolution of a ransomware attack, the Secretary of the Treasury-- ``(i) shall, in consultation with interested persons, issue guidance specifying information required to be included in the notification described in this paragraph; and ``(ii) may not require, to be included in such notification, information that is unavailable to a covered U.S. financial institution, based on good-faith efforts of such institution to provide information. ``(4) Safe harbor with respect to ransomware payment authorizations and good-faith determinations.-- ``(A) In general.--With respect to a ransomware payment made under paragraph (2)(B) or a waiver issued under paragraph (3)-- ``(i) a U.S. financial institution shall not be liable under subchapter II of chapter 53 of title 31, United States Code, or chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951 et seq.) for making a ransomware payment consistent with the parameters and timing of a ransomware payment authorization; and ``(ii) no Federal or State department or agency may take any adverse supervisory action with respect to the U.S. financial institution solely for making a ransomware payment consistent with the parameters and timing of the authorization. ``(E) Records.--Any Federal law enforcement agency that submits to a U.S. financial institution a ransomware payment authorization shall, not later than 2 business days after the date on which the authorization is submitted to the U.S. financial institution-- ``(i) submit to the Director of the Financial Crimes Enforcement Network a copy of the authorization; and ``(ii) alert the Director as to whether the U.S. financial institution has implemented the request. ``(F) Guidance.--The Secretary of the Treasury, in coordination with the Attorney General, shall issue guidance on the required elements of a ransomware payment authorization. ``(5) Confidentiality of information.-- ``(A) In general.--Except as provided in paragraph (2), any information or document provided by a U.S. financial institution to a Federal law enforcement agency pursuant to this subsection-- ``(i) shall be exempt from disclosure under section 552 of title 5, United States Code; and ``(ii) may not be made publicly available. ``(v) Information that the U.S. financial institution has consented to be disclosed to third parties. ``(6) Definitions.--In this subsection: ``(A) Covered u.s. ``(B) Malicious software.--The term `malicious software' means software that, when deployed, results in the loss of access to data or the loss of functionality of an information and communications system or network of a U.S. financial institution. ``(C) Ransomware attack.--The term `ransomware attack' means the deployment of malicious software for the purpose of demanding payment in exchange for restoring critical access to, or the critical functionality of, an information and communications system or network. b) Applicability.-- (1) In general.--The amendments made by this Act shall apply to a covered U.S. financial institution (as defined in subsection (d) of the Cybersecurity and Financial System Resilience Act (Public Law 116-260; 135 Stat. 1811 note), as added by this Act) beginning on the earlier of the date that is-- (A) 30 days after publication in the Federal Register of rules implementing this Act; or (B) 1 year after the date of the enactment of this Act. ( c) Sunset.--This Act and the amendments made by this Act shall be repealed 10 years after the applicability date described in subsection (b).

To include requirements relating to ransomware attack deterrence for a covered U.S. financial institution in the Consolidated Appropriations Act, 2021, and for other purposes. ``(B) Contents.--To ensure efficient notification and resolution of a ransomware attack, the Secretary of the Treasury-- ``(i) shall, in consultation with interested persons, issue guidance specifying information required to be included in the notification described in this paragraph; and ``(ii) may not require, to be included in such notification, information that is unavailable to a covered U.S. financial institution, based on good-faith efforts of such institution to provide information. ``(3) Waiver.--The President may waive the requirements of paragraph (2) with respect to a covered U.S. financial institution if the President determines that the waiver is in the national interest of the United States and notifies such institution and the appropriate members of Congress of such waiver. for making a ransomware payment consistent with the parameters and timing of a ransomware payment authorization; and ``(ii) no Federal or State department or agency may take any adverse supervisory action with respect to the U.S. financial institution solely for making a ransomware payment consistent with the parameters and timing of the authorization. ``(E) Records.--Any Federal law enforcement agency that submits to a U.S. financial institution a ransomware payment authorization shall, not later than 2 business days after the date on which the authorization is submitted to the U.S. financial institution-- ``(i) submit to the Director of the Financial Crimes Enforcement Network a copy of the authorization; and ``(ii) alert the Director as to whether the U.S. financial institution has implemented the request. ``(F) Guidance.--The Secretary of the Treasury, in coordination with the Attorney General, shall issue guidance on the required elements of a ransomware payment authorization. ``(6) Definitions.--In this subsection: ``(A) Covered u.s. ``(C) Ransomware attack.--The term `ransomware attack' means the deployment of malicious software for the purpose of demanding payment in exchange for restoring critical access to, or the critical functionality of, an information and communications system or network. ``(E) Ransomware payment authorization.--The term `ransomware payment authorization' means, with respect to a ransomware payment made by a U.S. financial institution, a written notice from a Federal law enforcement agency to authorize such ransomware payment. ''; ( 4) in subsection (f), as so redesignated, by striking ``after the date of enactment of this Act'' and inserting ``after the date of enactment of the Ransomware and Financial Stability Act of 2021''; and (5) by adding at the end the following new subsection: ``(g) Short Title.--This section may be cited as the `Cybersecurity and Financial System Resilience Act'.''. (

To include requirements relating to ransomware attack deterrence for a covered U.S. financial institution in the Consolidated Appropriations Act, 2021, and for other purposes. ``(B) Rule of construction.--Nothing in this subsection shall be construed to permit a ransomware payment that is otherwise prohibited by law. ``(2) Notification described.-- ``(A) In general.--The notification described in this paragraph shall be submitted by a covered U.S. financial institution to the Director of the Financial Crimes Enforcement Network and shall include-- ``(i) a determination by such institution that such institution is subject to a ransomware attack; and ``(ii) a description of the ransomware attack and any associated ransomware payment demanded. ``(B) Contents.--To ensure efficient notification and resolution of a ransomware attack, the Secretary of the Treasury-- ``(i) shall, in consultation with interested persons, issue guidance specifying information required to be included in the notification described in this paragraph; and ``(ii) may not require, to be included in such notification, information that is unavailable to a covered U.S. financial institution, based on good-faith efforts of such institution to provide information. ``(4) Safe harbor with respect to ransomware payment authorizations and good-faith determinations.-- ``(A) In general.--With respect to a ransomware payment made under paragraph (2)(B) or a waiver issued under paragraph (3)-- ``(i) a U.S. financial institution shall not be liable under subchapter II of chapter 53 of title 31, United States Code, or chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951 et seq.) for making a ransomware payment consistent with the parameters and timing of a ransomware payment authorization; and ``(ii) no Federal or State department or agency may take any adverse supervisory action with respect to the U.S. financial institution solely for making a ransomware payment consistent with the parameters and timing of the authorization. ``(E) Records.--Any Federal law enforcement agency that submits to a U.S. financial institution a ransomware payment authorization shall, not later than 2 business days after the date on which the authorization is submitted to the U.S. financial institution-- ``(i) submit to the Director of the Financial Crimes Enforcement Network a copy of the authorization; and ``(ii) alert the Director as to whether the U.S. financial institution has implemented the request. ``(F) Guidance.--The Secretary of the Treasury, in coordination with the Attorney General, shall issue guidance on the required elements of a ransomware payment authorization. ``(5) Confidentiality of information.-- ``(A) In general.--Except as provided in paragraph (2), any information or document provided by a U.S. financial institution to a Federal law enforcement agency pursuant to this subsection-- ``(i) shall be exempt from disclosure under section 552 of title 5, United States Code; and ``(ii) may not be made publicly available. ``(v) Information that the U.S. financial institution has consented to be disclosed to third parties. ``(6) Definitions.--In this subsection: ``(A) Covered u.s. ``(B) Malicious software.--The term `malicious software' means software that, when deployed, results in the loss of access to data or the loss of functionality of an information and communications system or network of a U.S. financial institution. ``(C) Ransomware attack.--The term `ransomware attack' means the deployment of malicious software for the purpose of demanding payment in exchange for restoring critical access to, or the critical functionality of, an information and communications system or network. b) Applicability.-- (1) In general.--The amendments made by this Act shall apply to a covered U.S. financial institution (as defined in subsection (d) of the Cybersecurity and Financial System Resilience Act (Public Law 116-260; 135 Stat. 1811 note), as added by this Act) beginning on the earlier of the date that is-- (A) 30 days after publication in the Federal Register of rules implementing this Act; or (B) 1 year after the date of the enactment of this Act. ( c) Sunset.--This Act and the amendments made by this Act shall be repealed 10 years after the applicability date described in subsection (b).

To include requirements relating to ransomware attack deterrence for a covered U.S. financial institution in the Consolidated Appropriations Act, 2021, and for other purposes. ``(B) Contents.--To ensure efficient notification and resolution of a ransomware attack, the Secretary of the Treasury-- ``(i) shall, in consultation with interested persons, issue guidance specifying information required to be included in the notification described in this paragraph; and ``(ii) may not require, to be included in such notification, information that is unavailable to a covered U.S. financial institution, based on good-faith efforts of such institution to provide information. ``(3) Waiver.--The President may waive the requirements of paragraph (2) with respect to a covered U.S. financial institution if the President determines that the waiver is in the national interest of the United States and notifies such institution and the appropriate members of Congress of such waiver. for making a ransomware payment consistent with the parameters and timing of a ransomware payment authorization; and ``(ii) no Federal or State department or agency may take any adverse supervisory action with respect to the U.S. financial institution solely for making a ransomware payment consistent with the parameters and timing of the authorization. ``(E) Records.--Any Federal law enforcement agency that submits to a U.S. financial institution a ransomware payment authorization shall, not later than 2 business days after the date on which the authorization is submitted to the U.S. financial institution-- ``(i) submit to the Director of the Financial Crimes Enforcement Network a copy of the authorization; and ``(ii) alert the Director as to whether the U.S. financial institution has implemented the request. ``(F) Guidance.--The Secretary of the Treasury, in coordination with the Attorney General, shall issue guidance on the required elements of a ransomware payment authorization. ``(6) Definitions.--In this subsection: ``(A) Covered u.s. ``(C) Ransomware attack.--The term `ransomware attack' means the deployment of malicious software for the purpose of demanding payment in exchange for restoring critical access to, or the critical functionality of, an information and communications system or network. ``(E) Ransomware payment authorization.--The term `ransomware payment authorization' means, with respect to a ransomware payment made by a U.S. financial institution, a written notice from a Federal law enforcement agency to authorize such ransomware payment. ''; ( 4) in subsection (f), as so redesignated, by striking ``after the date of enactment of this Act'' and inserting ``after the date of enactment of the Ransomware and Financial Stability Act of 2021''; and (5) by adding at the end the following new subsection: ``(g) Short Title.--This section may be cited as the `Cybersecurity and Financial System Resilience Act'.''. (

To include requirements relating to ransomware attack deterrence for a covered U.S. financial institution in the Consolidated Appropriations Act, 2021, and for other purposes. ``(B) Contents.--To ensure efficient notification and resolution of a ransomware attack, the Secretary of the Treasury-- ``(i) shall, in consultation with interested persons, issue guidance specifying information required to be included in the notification described in this paragraph; and ``(ii) may not require, to be included in such notification, information that is unavailable to a covered U.S. financial institution, based on good-faith efforts of such institution to provide information. ``(4) Safe harbor with respect to ransomware payment authorizations and good-faith determinations.-- ``(A) In general.--With respect to a ransomware payment made under paragraph (2)(B) or a waiver issued under paragraph (3)-- ``(i) a U.S. financial institution shall not be liable under subchapter II of chapter 53 of title 31, United States Code, or chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951 et seq.) ``(E) Records.--Any Federal law enforcement agency that submits to a U.S. financial institution a ransomware payment authorization shall, not later than 2 business days after the date on which the authorization is submitted to the U.S. financial institution-- ``(i) submit to the Director of the Financial Crimes Enforcement Network a copy of the authorization; and ``(ii) alert the Director as to whether the U.S. financial institution has implemented the request. ``(5) Confidentiality of information.-- ``(A) In general.--Except as provided in paragraph (2), any information or document provided by a U.S. financial institution to a Federal law enforcement agency pursuant to this subsection-- ``(i) shall be exempt from disclosure under section 552 of title 5, United States Code; and ``(ii) may not be made publicly available. ``(v) Information that the U.S. financial institution has consented to be disclosed to third parties. ( c) Sunset.--This Act and the amendments made by this Act shall be repealed 10 years after the applicability date described in subsection (b).

To include requirements relating to ransomware attack deterrence for a covered U.S. financial institution in the Consolidated Appropriations Act, 2021, and for other purposes. ``(B) Contents.--To ensure efficient notification and resolution of a ransomware attack, the Secretary of the Treasury-- ``(i) shall, in consultation with interested persons, issue guidance specifying information required to be included in the notification described in this paragraph; and ``(ii) may not require, to be included in such notification, information that is unavailable to a covered U.S. financial institution, based on good-faith efforts of such institution to provide information. ``(E) Ransomware payment authorization.--The term `ransomware payment authorization' means, with respect to a ransomware payment made by a U.S. financial institution, a written notice from a Federal law enforcement agency to authorize such ransomware payment. ''; ( 4) in subsection (f), as so redesignated, by striking ``after the date of enactment of this Act'' and inserting ``after the date of enactment of the Ransomware and Financial Stability Act of 2021''; and (5) by adding at the end the following new subsection: ``(g) Short Title.--This section may be cited as the `Cybersecurity and Financial System Resilience Act'.''. (

To include requirements relating to ransomware attack deterrence for a covered U.S. financial institution in the Consolidated Appropriations Act, 2021, and for other purposes. ``(B) Contents.--To ensure efficient notification and resolution of a ransomware attack, the Secretary of the Treasury-- ``(i) shall, in consultation with interested persons, issue guidance specifying information required to be included in the notification described in this paragraph; and ``(ii) may not require, to be included in such notification, information that is unavailable to a covered U.S. financial institution, based on good-faith efforts of such institution to provide information. ``(4) Safe harbor with respect to ransomware payment authorizations and good-faith determinations.-- ``(A) In general.--With respect to a ransomware payment made under paragraph (2)(B) or a waiver issued under paragraph (3)-- ``(i) a U.S. financial institution shall not be liable under subchapter II of chapter 53 of title 31, United States Code, or chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951 et seq.) ``(E) Records.--Any Federal law enforcement agency that submits to a U.S. financial institution a ransomware payment authorization shall, not later than 2 business days after the date on which the authorization is submitted to the U.S. financial institution-- ``(i) submit to the Director of the Financial Crimes Enforcement Network a copy of the authorization; and ``(ii) alert the Director as to whether the U.S. financial institution has implemented the request. ``(5) Confidentiality of information.-- ``(A) In general.--Except as provided in paragraph (2), any information or document provided by a U.S. financial institution to a Federal law enforcement agency pursuant to this subsection-- ``(i) shall be exempt from disclosure under section 552 of title 5, United States Code; and ``(ii) may not be made publicly available. ``(v) Information that the U.S. financial institution has consented to be disclosed to third parties. ( c) Sunset.--This Act and the amendments made by this Act shall be repealed 10 years after the applicability date described in subsection (b).

Ransomware and Financial Stability Act of 2021 This bill amends the Consolidated Appropriations Act, 2021 to prohibit a U.S. financial institution from making a ransomware payment in response to a ransomware attack before submitting a notification to the Director of the Financial Crimes Enforcement Network (FCCEN) and in an amount greater than $100,000, unless the payment is subject to an authorization Cybersecurity and Financial System Resilience Act This bill amends the Securities Exchange Act of 1934 and the Financial Institutions Examination Council Act to: (1) apply to a financial market utility that the Financial Stability Oversight Council has designated as systemically important under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) and any exchange registered under the

S.4167

Government Operations and Politics

Federal Agency Performance Act of 2022 This bill addresses federal agency performance and accountability. Specifically, the bill revises requirements regarding strategic reviews of federal agencies' performance goals and requires a Deputy Performance Improvement Officer to support the Performance Improvement Officer. With respect to strategic reviews, not less frequently than annually and consistent with guidance issued by the Office of Management and Budget, each agency must take specified actions, including Additionally, the bill requires that federal government priority goals (1) be updated and revised not less frequently than during the first year of each presidential term, (2) include plans for the successful achievement of each goal within each single presidential term, and (3) explicitly cite to any specific contents of the budget that support the achievement of each goal.

To improve performance and accountability in the Federal Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Agency Performance Act of 2022''. SEC. 2. ESTABLISHMENT OF STRATEGIC REVIEWS AND REPORTING. (a) Strategic Reviews.-- (1) In general.--Section 1121 of title 31, United States Code, is amended-- (A) by striking the section heading and inserting ``Progress reviews and use of performance information''; and (B) by adding at the end the following: ``(c) Agency Reviews of Progress Towards Strategic Goals and Objectives.-- ``(1) Covered goal defined.--In this subsection, the term `covered goal' means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. ``(2) Review.--Not less frequently than annually and consistent with guidance issued by the Director of the Office of Management and Budget, the head and Chief Operating Officer of each agency, shall-- ``(A) for each covered goal, review with the appropriate agency official responsible for the covered goal-- ``(i) the progress achieved toward the covered goal-- ``(I) during the most recent fiscal year; or ``(II) from recent sources of evidence available at the time of the review; and ``(ii) the likelihood that the agency will achieve the covered goal; ``(B) coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each covered goal; ``(C) assess progress toward each covered goal by reviewing performance information and other types of evidence relating to each covered goal, such as program evaluations and statistical data; ``(D) identify whether additional evidence is necessary to better assess progress toward each covered goal, and prioritize the development of the evidence described in subparagraph (C), such as through the plans required under section 312 of title 5, if applicable; ``(E) assess whether relevant organizations, program activities, regulations, policies, and other activities contribute as planned to each covered goal; ``(F) as appropriate, leverage the assessment performed under subparagraph (E) as part of the portfolio reviews required under section 503(c)(1)(G); ``(G) identify any risks or impediments that would reduce or otherwise decrease the likelihood that the agency will achieve the covered goal; and ``(H) for each covered goal at greatest risk of not being achieved, identify prospects and strategies for performance improvement, including any necessary changes to program activities, regulations, policies, or other activities of the agency. ``(3) Support.--In fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by-- ``(A) the Performance Improvement Officer of the agency; ``(B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and ``(C) any other senior agency official designated by the head of the agency, the sustained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals.''. (2) Conforming amendment.--The table of sections for Chapter 11 of title 31, United States Code, is amended by striking the item relating to section 1121 and inserting the following: ``1121. Progress reviews and use of performance information.''. (b) Summary Required.--Section 1116 of title 31, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (6)(E), by striking ``and'' at the end; (B) in paragraph (7), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(8) include a summary of the findings of the review of the agency under section 1121(c).''; and (2) by striking subsections (f) through (i). SEC. 3. REVISIONS TO THE FEDERAL PERFORMANCE WEBSITE. Section 1122 of title 31, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (C)-- (I) by inserting ``required to be included on the single website under subparagraph (A) and the information''; before ``in the program inventory''; and (II) by striking ``and'' at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(E) ensure that the website described in subparagraph (A) conforms with the requirements for websites under section 3(a) of the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note).''; and (B) in paragraph (4), by striking subparagraph (A) and inserting the following: ``(A) archive and preserve-- ``(i) the information included in the program inventory required under paragraph (2)(B), including the information described in paragraph (3), after the end of the period during which that information is made available; and ``(ii) the information included in the single website under paragraph (2)(A) in accordance with subsections (b) and (c) after the end of the period during which such information is made available on the website; and''; and (2) in subsection (c)-- (A) by striking paragraph (5) and inserting the following: ``(5) the results achieved toward the priority goals developed under section 1120(a)(1)-- ``(A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and ``(B) at the end of the 4-year Federal Government priority goal period compared to the overall planned level of performance;''; and (B) by striking paragraph (6) and inserting the following: ``(6) the results achieved toward the goals and objectives established in the strategic plan of the agency under section 306(a) of title 5-- ``(A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and ``(B) at the end of the 2-year agency priority goal period compared to the overall planned level of performance.''. SEC. 4. FEDERAL GOVERNMENT PRIORITY GOALS. Section 1120(a)(2) of title 31, United States Code, is amended by striking the second sentence and inserting ``Such goals shall-- ``(A) be updated and revised not less frequently than during the first year of each Presidential term; ``(B) be made publicly available not less frequently than concurrently with the submission of the budget of the United States Government under section 1105(a) made during the first full fiscal year following any year during which a term of the President commences under section 101 of title 3; ``(C) include plans for the successful achievement of each goal within each single Presidential term; and ``(D) explicitly cite to any specific contents of the budget described in subparagraph (B) that support the achievement of each goal.''. SEC. 5. FEDERAL GOVERNMENT PRIORITY GOAL CO-LEADERS. Section 1115(a) of title 31, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) For each Federal Government performance goal, identify, subject to the discretion of the Director, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom-- ``(A) not less than 1 shall be from the Executive Office of the President; and ``(B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2);''. SEC. 6. ESTABLISHMENT OF DEPUTY PERFORMANCE IMPROVEMENT OFFICERS. Section 1124(a) of title 31, United States Code, is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) Establishment.--At each agency, the head of the agency, in consultation with the Chief Operating Officer of the agency, shall designate-- ``(A) a Performance Improvement Officer, who shall be a senior executive of the agency; and ``(B) if the Performance Improvement Officer designated under subparagraph (A) is not a career appointee of the Senior Executive Service, a Deputy Performance Improvement Officer, who shall be a career appointee of the Senior Executive Service.''; and (2) by adding at the end the following: ``(3) Deputy performance improvement officer.--A Deputy Performance Improvement Officer designated under paragraph (1)(B) shall support the Performance Improvement Officer in carrying out the functions of the Performance Improvement Officer under paragraph (2).''. SEC. 7. REPEAL OF OUTDATED PILOT PROJECTS. (a) In General.--Chapter 11 of title 31, United States Code, is amended by striking sections 1118 and 1119. (b) Conforming Amendment.--Section 9704 of title 31, United States Code, is amended-- (1) by striking subsection (c); and (2) by redesignating subsection ``(d)'' as subsection ``(c)''. (c) Clerical Amendment.--The table of sections for chapter 11 of title 31, United States Code, is amended by striking the items relating to sections 1118 and 1119. SEC. 8. CLARIFYING AMENDMENTS. (a) Clarification of Requirement To Cite to Evidence-Building Activities in Strategic Plans.--Section 306(a) of title 5, United States Code, is amended-- (1) in paragraph (8) by inserting ``, as applicable'' after ``section 312''; and (2) in paragraph (9), in the matter preceding subparagraph (A), by inserting ``with respect to the head of an agency required to develop a plan described in subsection (a) or (b) of section 312,'' before ``an assessment''. (b) Clarification of Timing of Agency Performance Report.--Section 1116(b)(1) of title 31, United States Code, is amended by striking ``shall occur no less than 150 days after'' and inserting ``shall occur not later than 150 days after''. Calendar No. 559 117th CONGRESS 2d Session S. 4167 [Report No. 117-207] _______________________________________________________________________

Federal Agency Performance Act of 2022

A bill to improve performance and accountability in the Federal Government, and for other purposes.

Federal Agency Performance Act of 2022 Federal Agency Performance Act of 2022

Sen. Peters, Gary C.

D

MI

This bill addresses federal agency performance and accountability. Specifically, the bill revises requirements regarding strategic reviews of federal agencies' performance goals and requires a Deputy Performance Improvement Officer to support the Performance Improvement Officer. With respect to strategic reviews, not less frequently than annually and consistent with guidance issued by the Office of Management and Budget, each agency must take specified actions, including Additionally, the bill requires that federal government priority goals (1) be updated and revised not less frequently than during the first year of each presidential term, (2) include plans for the successful achievement of each goal within each single presidential term, and (3) explicitly cite to any specific contents of the budget that support the achievement of each goal.

2. (a) Strategic Reviews.-- (1) In general.--Section 1121 of title 31, United States Code, is amended-- (A) by striking the section heading and inserting ``Progress reviews and use of performance information''; and (B) by adding at the end the following: ``(c) Agency Reviews of Progress Towards Strategic Goals and Objectives.-- ``(1) Covered goal defined.--In this subsection, the term `covered goal' means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. ``(3) Support.--In fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by-- ``(A) the Performance Improvement Officer of the agency; ``(B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and ``(C) any other senior agency official designated by the head of the agency, the sustained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals.''. 3. ''; and (B) in paragraph (4), by striking subparagraph (A) and inserting the following: ``(A) archive and preserve-- ``(i) the information included in the program inventory required under paragraph (2)(B), including the information described in paragraph (3), after the end of the period during which that information is made available; and ``(ii) the information included in the single website under paragraph (2)(A) in accordance with subsections (b) and (c) after the end of the period during which such information is made available on the website; and''; and (2) in subsection (c)-- (A) by striking paragraph (5) and inserting the following: ``(5) the results achieved toward the priority goals developed under section 1120(a)(1)-- ``(A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and ``(B) at the end of the 4-year Federal Government priority goal period compared to the overall planned level of performance;''; and (B) by striking paragraph (6) and inserting the following: ``(6) the results achieved toward the goals and objectives established in the strategic plan of the agency under section 306(a) of title 5-- ``(A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and ``(B) at the end of the 2-year agency priority goal period compared to the overall planned level of performance.''. 4. FEDERAL GOVERNMENT PRIORITY GOALS. 6. ESTABLISHMENT OF DEPUTY PERFORMANCE IMPROVEMENT OFFICERS. 7. SEC. 8. CLARIFYING AMENDMENTS. (b) Clarification of Timing of Agency Performance Report.--Section 1116(b)(1) of title 31, United States Code, is amended by striking ``shall occur no less than 150 days after'' and inserting ``shall occur not later than 150 days after''.

2. (a) Strategic Reviews.-- (1) In general.--Section 1121 of title 31, United States Code, is amended-- (A) by striking the section heading and inserting ``Progress reviews and use of performance information''; and (B) by adding at the end the following: ``(c) Agency Reviews of Progress Towards Strategic Goals and Objectives.-- ``(1) Covered goal defined.--In this subsection, the term `covered goal' means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. 3. ''; and (B) in paragraph (4), by striking subparagraph (A) and inserting the following: ``(A) archive and preserve-- ``(i) the information included in the program inventory required under paragraph (2)(B), including the information described in paragraph (3), after the end of the period during which that information is made available; and ``(ii) the information included in the single website under paragraph (2)(A) in accordance with subsections (b) and (c) after the end of the period during which such information is made available on the website; and''; and (2) in subsection (c)-- (A) by striking paragraph (5) and inserting the following: ``(5) the results achieved toward the priority goals developed under section 1120(a)(1)-- ``(A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and ``(B) at the end of the 4-year Federal Government priority goal period compared to the overall planned level of performance;''; and (B) by striking paragraph (6) and inserting the following: ``(6) the results achieved toward the goals and objectives established in the strategic plan of the agency under section 306(a) of title 5-- ``(A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and ``(B) at the end of the 2-year agency priority goal period compared to the overall planned level of performance.''. 4. FEDERAL GOVERNMENT PRIORITY GOALS. 6. ESTABLISHMENT OF DEPUTY PERFORMANCE IMPROVEMENT OFFICERS. 7. SEC. 8. CLARIFYING AMENDMENTS. (b) Clarification of Timing of Agency Performance Report.--Section 1116(b)(1) of title 31, United States Code, is amended by striking ``shall occur no less than 150 days after'' and inserting ``shall occur not later than 150 days after''.

2. (a) Strategic Reviews.-- (1) In general.--Section 1121 of title 31, United States Code, is amended-- (A) by striking the section heading and inserting ``Progress reviews and use of performance information''; and (B) by adding at the end the following: ``(c) Agency Reviews of Progress Towards Strategic Goals and Objectives.-- ``(1) Covered goal defined.--In this subsection, the term `covered goal' means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. ``(2) Review.--Not less frequently than annually and consistent with guidance issued by the Director of the Office of Management and Budget, the head and Chief Operating Officer of each agency, shall-- ``(A) for each covered goal, review with the appropriate agency official responsible for the covered goal-- ``(i) the progress achieved toward the covered goal-- ``(I) during the most recent fiscal year; or ``(II) from recent sources of evidence available at the time of the review; and ``(ii) the likelihood that the agency will achieve the covered goal; ``(B) coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each covered goal; ``(C) assess progress toward each covered goal by reviewing performance information and other types of evidence relating to each covered goal, such as program evaluations and statistical data; ``(D) identify whether additional evidence is necessary to better assess progress toward each covered goal, and prioritize the development of the evidence described in subparagraph (C), such as through the plans required under section 312 of title 5, if applicable; ``(E) assess whether relevant organizations, program activities, regulations, policies, and other activities contribute as planned to each covered goal; ``(F) as appropriate, leverage the assessment performed under subparagraph (E) as part of the portfolio reviews required under section 503(c)(1)(G); ``(G) identify any risks or impediments that would reduce or otherwise decrease the likelihood that the agency will achieve the covered goal; and ``(H) for each covered goal at greatest risk of not being achieved, identify prospects and strategies for performance improvement, including any necessary changes to program activities, regulations, policies, or other activities of the agency. ``(3) Support.--In fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by-- ``(A) the Performance Improvement Officer of the agency; ``(B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and ``(C) any other senior agency official designated by the head of the agency, the sustained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals.''. 3. ''; and (B) in paragraph (4), by striking subparagraph (A) and inserting the following: ``(A) archive and preserve-- ``(i) the information included in the program inventory required under paragraph (2)(B), including the information described in paragraph (3), after the end of the period during which that information is made available; and ``(ii) the information included in the single website under paragraph (2)(A) in accordance with subsections (b) and (c) after the end of the period during which such information is made available on the website; and''; and (2) in subsection (c)-- (A) by striking paragraph (5) and inserting the following: ``(5) the results achieved toward the priority goals developed under section 1120(a)(1)-- ``(A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and ``(B) at the end of the 4-year Federal Government priority goal period compared to the overall planned level of performance;''; and (B) by striking paragraph (6) and inserting the following: ``(6) the results achieved toward the goals and objectives established in the strategic plan of the agency under section 306(a) of title 5-- ``(A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and ``(B) at the end of the 2-year agency priority goal period compared to the overall planned level of performance.''. 4. FEDERAL GOVERNMENT PRIORITY GOALS. 6. ESTABLISHMENT OF DEPUTY PERFORMANCE IMPROVEMENT OFFICERS. 7. SEC. 8. CLARIFYING AMENDMENTS. (b) Clarification of Timing of Agency Performance Report.--Section 1116(b)(1) of title 31, United States Code, is amended by striking ``shall occur no less than 150 days after'' and inserting ``shall occur not later than 150 days after''. 559 117th CONGRESS 2d Session S. 4167 [Report No.

To improve performance and accountability in the Federal Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Agency Performance Act of 2022''. 2. (a) Strategic Reviews.-- (1) In general.--Section 1121 of title 31, United States Code, is amended-- (A) by striking the section heading and inserting ``Progress reviews and use of performance information''; and (B) by adding at the end the following: ``(c) Agency Reviews of Progress Towards Strategic Goals and Objectives.-- ``(1) Covered goal defined.--In this subsection, the term `covered goal' means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. ``(2) Review.--Not less frequently than annually and consistent with guidance issued by the Director of the Office of Management and Budget, the head and Chief Operating Officer of each agency, shall-- ``(A) for each covered goal, review with the appropriate agency official responsible for the covered goal-- ``(i) the progress achieved toward the covered goal-- ``(I) during the most recent fiscal year; or ``(II) from recent sources of evidence available at the time of the review; and ``(ii) the likelihood that the agency will achieve the covered goal; ``(B) coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each covered goal; ``(C) assess progress toward each covered goal by reviewing performance information and other types of evidence relating to each covered goal, such as program evaluations and statistical data; ``(D) identify whether additional evidence is necessary to better assess progress toward each covered goal, and prioritize the development of the evidence described in subparagraph (C), such as through the plans required under section 312 of title 5, if applicable; ``(E) assess whether relevant organizations, program activities, regulations, policies, and other activities contribute as planned to each covered goal; ``(F) as appropriate, leverage the assessment performed under subparagraph (E) as part of the portfolio reviews required under section 503(c)(1)(G); ``(G) identify any risks or impediments that would reduce or otherwise decrease the likelihood that the agency will achieve the covered goal; and ``(H) for each covered goal at greatest risk of not being achieved, identify prospects and strategies for performance improvement, including any necessary changes to program activities, regulations, policies, or other activities of the agency. ``(3) Support.--In fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by-- ``(A) the Performance Improvement Officer of the agency; ``(B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and ``(C) any other senior agency official designated by the head of the agency, the sustained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals.''. 3. 3501 note). ''; and (B) in paragraph (4), by striking subparagraph (A) and inserting the following: ``(A) archive and preserve-- ``(i) the information included in the program inventory required under paragraph (2)(B), including the information described in paragraph (3), after the end of the period during which that information is made available; and ``(ii) the information included in the single website under paragraph (2)(A) in accordance with subsections (b) and (c) after the end of the period during which such information is made available on the website; and''; and (2) in subsection (c)-- (A) by striking paragraph (5) and inserting the following: ``(5) the results achieved toward the priority goals developed under section 1120(a)(1)-- ``(A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and ``(B) at the end of the 4-year Federal Government priority goal period compared to the overall planned level of performance;''; and (B) by striking paragraph (6) and inserting the following: ``(6) the results achieved toward the goals and objectives established in the strategic plan of the agency under section 306(a) of title 5-- ``(A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and ``(B) at the end of the 2-year agency priority goal period compared to the overall planned level of performance.''. 4. FEDERAL GOVERNMENT PRIORITY GOALS. 6. ESTABLISHMENT OF DEPUTY PERFORMANCE IMPROVEMENT OFFICERS. Section 1124(a) of title 31, United States Code, is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) Establishment.--At each agency, the head of the agency, in consultation with the Chief Operating Officer of the agency, shall designate-- ``(A) a Performance Improvement Officer, who shall be a senior executive of the agency; and ``(B) if the Performance Improvement Officer designated under subparagraph (A) is not a career appointee of the Senior Executive Service, a Deputy Performance Improvement Officer, who shall be a career appointee of the Senior Executive Service. 7. REPEAL OF OUTDATED PILOT PROJECTS. (c) Clerical Amendment.--The table of sections for chapter 11 of title 31, United States Code, is amended by striking the items relating to sections 1118 and 1119. SEC. 8. CLARIFYING AMENDMENTS. (b) Clarification of Timing of Agency Performance Report.--Section 1116(b)(1) of title 31, United States Code, is amended by striking ``shall occur no less than 150 days after'' and inserting ``shall occur not later than 150 days after''. Calendar No. 559 117th CONGRESS 2d Session S. 4167 [Report No. 117-207] _______________________________________________________________________

To improve performance and accountability in the Federal Government, and for other purposes. a) Strategic Reviews.-- (1) In general.--Section 1121 of title 31, United States Code, is amended-- (A) by striking the section heading and inserting ``Progress reviews and use of performance information''; and (B) by adding at the end the following: ``(c) Agency Reviews of Progress Towards Strategic Goals and Objectives.-- ``(1) Covered goal defined.--In this subsection, the term `covered goal' means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. ``(3) Support.--In fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by-- ``(A) the Performance Improvement Officer of the agency; ``(B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and ``(C) any other senior agency official designated by the head of the agency, the sustained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals.''. ( b) Summary Required.--Section 1116 of title 31, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (6)(E), by striking ``and'' at the end; (B) in paragraph (7), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(8) include a summary of the findings of the review of the agency under section 1121(c). ''; FEDERAL GOVERNMENT PRIORITY GOALS. FEDERAL GOVERNMENT PRIORITY GOAL CO-LEADERS. Section 1115(a) of title 31, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) For each Federal Government performance goal, identify, subject to the discretion of the Director, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom-- ``(A) not less than 1 shall be from the Executive Office of the President; and ``(B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2);''. and (2) by adding at the end the following: ``(3) Deputy performance improvement officer.--A Deputy Performance Improvement Officer designated under paragraph (1)(B) shall support the Performance Improvement Officer in carrying out the functions of the Performance Improvement Officer under paragraph (2).''. b) Conforming Amendment.--Section 9704 of title 31, United States Code, is amended-- (1) by striking subsection (c); and (2) by redesignating subsection ``(d)'' as subsection ``(c)''. ( (a) Clarification of Requirement To Cite to Evidence-Building Activities in Strategic Plans.--Section 306(a) of title 5, United States Code, is amended-- (1) in paragraph (8) by inserting ``, as applicable'' after ``section 312''; and (2) in paragraph (9), in the matter preceding subparagraph (A), by inserting ``with respect to the head of an agency required to develop a plan described in subsection (a) or (b) of section 312,'' before ``an assessment''. ( b) Clarification of Timing of Agency Performance Report.--Section 1116(b)(1) of title 31, United States Code, is amended by striking ``shall occur no less than 150 days after'' and inserting ``shall occur not later than 150 days after''.

To improve performance and accountability in the Federal Government, and for other purposes. a) Strategic Reviews.-- (1) In general.--Section 1121 of title 31, United States Code, is amended-- (A) by striking the section heading and inserting ``Progress reviews and use of performance information''; and (B) by adding at the end the following: ``(c) Agency Reviews of Progress Towards Strategic Goals and Objectives.-- ``(1) Covered goal defined.--In this subsection, the term `covered goal' means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. ``(3) Support.--In fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by-- ``(A) the Performance Improvement Officer of the agency; ``(B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and ``(C) any other senior agency official designated by the head of the agency, the sustained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals.''. (2) Conforming amendment.--The table of sections for Chapter 11 of title 31, United States Code, is amended by striking the item relating to section 1121 and inserting the following: ``1121. b) Summary Required.--Section 1116 of title 31, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (6)(E), by striking ``and'' at the end; (B) in paragraph (7), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(8) include a summary of the findings of the review of the agency under section 1121(c). ''; FEDERAL GOVERNMENT PRIORITY GOALS. FEDERAL GOVERNMENT PRIORITY GOAL CO-LEADERS. Section 1115(a) of title 31, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) For each Federal Government performance goal, identify, subject to the discretion of the Director, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom-- ``(A) not less than 1 shall be from the Executive Office of the President; and ``(B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2);''. b) Conforming Amendment.--Section 9704 of title 31, United States Code, is amended-- (1) by striking subsection (c); and (2) by redesignating subsection ``(d)'' as subsection ``(c)''. ( (a) Clarification of Requirement To Cite to Evidence-Building Activities in Strategic Plans.--Section 306(a) of title 5, United States Code, is amended-- (1) in paragraph (8) by inserting ``, as applicable'' after ``section 312''; and (2) in paragraph (9), in the matter preceding subparagraph (A), by inserting ``with respect to the head of an agency required to develop a plan described in subsection (a) or (b) of section 312,'' before ``an assessment''. ( b) Clarification of Timing of Agency Performance Report.--Section 1116(b)(1) of title 31, United States Code, is amended by striking ``shall occur no less than 150 days after'' and inserting ``shall occur not later than 150 days after''.

To improve performance and accountability in the Federal Government, and for other purposes. a) Strategic Reviews.-- (1) In general.--Section 1121 of title 31, United States Code, is amended-- (A) by striking the section heading and inserting ``Progress reviews and use of performance information''; and (B) by adding at the end the following: ``(c) Agency Reviews of Progress Towards Strategic Goals and Objectives.-- ``(1) Covered goal defined.--In this subsection, the term `covered goal' means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. ``(3) Support.--In fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by-- ``(A) the Performance Improvement Officer of the agency; ``(B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and ``(C) any other senior agency official designated by the head of the agency, the sustained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals.''. (2) Conforming amendment.--The table of sections for Chapter 11 of title 31, United States Code, is amended by striking the item relating to section 1121 and inserting the following: ``1121. b) Summary Required.--Section 1116 of title 31, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (6)(E), by striking ``and'' at the end; (B) in paragraph (7), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(8) include a summary of the findings of the review of the agency under section 1121(c). ''; FEDERAL GOVERNMENT PRIORITY GOALS. FEDERAL GOVERNMENT PRIORITY GOAL CO-LEADERS. Section 1115(a) of title 31, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) For each Federal Government performance goal, identify, subject to the discretion of the Director, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom-- ``(A) not less than 1 shall be from the Executive Office of the President; and ``(B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2);''. b) Conforming Amendment.--Section 9704 of title 31, United States Code, is amended-- (1) by striking subsection (c); and (2) by redesignating subsection ``(d)'' as subsection ``(c)''. ( (a) Clarification of Requirement To Cite to Evidence-Building Activities in Strategic Plans.--Section 306(a) of title 5, United States Code, is amended-- (1) in paragraph (8) by inserting ``, as applicable'' after ``section 312''; and (2) in paragraph (9), in the matter preceding subparagraph (A), by inserting ``with respect to the head of an agency required to develop a plan described in subsection (a) or (b) of section 312,'' before ``an assessment''. ( b) Clarification of Timing of Agency Performance Report.--Section 1116(b)(1) of title 31, United States Code, is amended by striking ``shall occur no less than 150 days after'' and inserting ``shall occur not later than 150 days after''.

To improve performance and accountability in the Federal Government, and for other purposes. a) Strategic Reviews.-- (1) In general.--Section 1121 of title 31, United States Code, is amended-- (A) by striking the section heading and inserting ``Progress reviews and use of performance information''; and (B) by adding at the end the following: ``(c) Agency Reviews of Progress Towards Strategic Goals and Objectives.-- ``(1) Covered goal defined.--In this subsection, the term `covered goal' means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. ``(3) Support.--In fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by-- ``(A) the Performance Improvement Officer of the agency; ``(B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and ``(C) any other senior agency official designated by the head of the agency, the sustained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals.''. ( b) Summary Required.--Section 1116 of title 31, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (6)(E), by striking ``and'' at the end; (B) in paragraph (7), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(8) include a summary of the findings of the review of the agency under section 1121(c). ''; FEDERAL GOVERNMENT PRIORITY GOALS. FEDERAL GOVERNMENT PRIORITY GOAL CO-LEADERS. Section 1115(a) of title 31, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) For each Federal Government performance goal, identify, subject to the discretion of the Director, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom-- ``(A) not less than 1 shall be from the Executive Office of the President; and ``(B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2);''. and (2) by adding at the end the following: ``(3) Deputy performance improvement officer.--A Deputy Performance Improvement Officer designated under paragraph (1)(B) shall support the Performance Improvement Officer in carrying out the functions of the Performance Improvement Officer under paragraph (2).''. b) Conforming Amendment.--Section 9704 of title 31, United States Code, is amended-- (1) by striking subsection (c); and (2) by redesignating subsection ``(d)'' as subsection ``(c)''. ( (a) Clarification of Requirement To Cite to Evidence-Building Activities in Strategic Plans.--Section 306(a) of title 5, United States Code, is amended-- (1) in paragraph (8) by inserting ``, as applicable'' after ``section 312''; and (2) in paragraph (9), in the matter preceding subparagraph (A), by inserting ``with respect to the head of an agency required to develop a plan described in subsection (a) or (b) of section 312,'' before ``an assessment''. ( b) Clarification of Timing of Agency Performance Report.--Section 1116(b)(1) of title 31, United States Code, is amended by striking ``shall occur no less than 150 days after'' and inserting ``shall occur not later than 150 days after''.

To improve performance and accountability in the Federal Government, and for other purposes. a) Strategic Reviews.-- (1) In general.--Section 1121 of title 31, United States Code, is amended-- (A) by striking the section heading and inserting ``Progress reviews and use of performance information''; and (B) by adding at the end the following: ``(c) Agency Reviews of Progress Towards Strategic Goals and Objectives.-- ``(1) Covered goal defined.--In this subsection, the term `covered goal' means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. ``(3) Support.--In fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by-- ``(A) the Performance Improvement Officer of the agency; ``(B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and ``(C) any other senior agency official designated by the head of the agency, the sustained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals.''. (2) Conforming amendment.--The table of sections for Chapter 11 of title 31, United States Code, is amended by striking the item relating to section 1121 and inserting the following: ``1121. b) Summary Required.--Section 1116 of title 31, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (6)(E), by striking ``and'' at the end; (B) in paragraph (7), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(8) include a summary of the findings of the review of the agency under section 1121(c). ''; FEDERAL GOVERNMENT PRIORITY GOALS. FEDERAL GOVERNMENT PRIORITY GOAL CO-LEADERS. Section 1115(a) of title 31, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) For each Federal Government performance goal, identify, subject to the discretion of the Director, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom-- ``(A) not less than 1 shall be from the Executive Office of the President; and ``(B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2);''. b) Conforming Amendment.--Section 9704 of title 31, United States Code, is amended-- (1) by striking subsection (c); and (2) by redesignating subsection ``(d)'' as subsection ``(c)''. ( (a) Clarification of Requirement To Cite to Evidence-Building Activities in Strategic Plans.--Section 306(a) of title 5, United States Code, is amended-- (1) in paragraph (8) by inserting ``, as applicable'' after ``section 312''; and (2) in paragraph (9), in the matter preceding subparagraph (A), by inserting ``with respect to the head of an agency required to develop a plan described in subsection (a) or (b) of section 312,'' before ``an assessment''. ( b) Clarification of Timing of Agency Performance Report.--Section 1116(b)(1) of title 31, United States Code, is amended by striking ``shall occur no less than 150 days after'' and inserting ``shall occur not later than 150 days after''.

To improve performance and accountability in the Federal Government, and for other purposes. a) Strategic Reviews.-- (1) In general.--Section 1121 of title 31, United States Code, is amended-- (A) by striking the section heading and inserting ``Progress reviews and use of performance information''; and (B) by adding at the end the following: ``(c) Agency Reviews of Progress Towards Strategic Goals and Objectives.-- ``(1) Covered goal defined.--In this subsection, the term `covered goal' means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. ``(3) Support.--In fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by-- ``(A) the Performance Improvement Officer of the agency; ``(B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and ``(C) any other senior agency official designated by the head of the agency, the sustained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals.''. ( b) Summary Required.--Section 1116 of title 31, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (6)(E), by striking ``and'' at the end; (B) in paragraph (7), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(8) include a summary of the findings of the review of the agency under section 1121(c). ''; FEDERAL GOVERNMENT PRIORITY GOALS. FEDERAL GOVERNMENT PRIORITY GOAL CO-LEADERS. Section 1115(a) of title 31, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) For each Federal Government performance goal, identify, subject to the discretion of the Director, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom-- ``(A) not less than 1 shall be from the Executive Office of the President; and ``(B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2);''. and (2) by adding at the end the following: ``(3) Deputy performance improvement officer.--A Deputy Performance Improvement Officer designated under paragraph (1)(B) shall support the Performance Improvement Officer in carrying out the functions of the Performance Improvement Officer under paragraph (2).''. b) Conforming Amendment.--Section 9704 of title 31, United States Code, is amended-- (1) by striking subsection (c); and (2) by redesignating subsection ``(d)'' as subsection ``(c)''. ( (a) Clarification of Requirement To Cite to Evidence-Building Activities in Strategic Plans.--Section 306(a) of title 5, United States Code, is amended-- (1) in paragraph (8) by inserting ``, as applicable'' after ``section 312''; and (2) in paragraph (9), in the matter preceding subparagraph (A), by inserting ``with respect to the head of an agency required to develop a plan described in subsection (a) or (b) of section 312,'' before ``an assessment''. ( b) Clarification of Timing of Agency Performance Report.--Section 1116(b)(1) of title 31, United States Code, is amended by striking ``shall occur no less than 150 days after'' and inserting ``shall occur not later than 150 days after''.

To improve performance and accountability in the Federal Government, and for other purposes. a) Strategic Reviews.-- (1) In general.--Section 1121 of title 31, United States Code, is amended-- (A) by striking the section heading and inserting ``Progress reviews and use of performance information''; and (B) by adding at the end the following: ``(c) Agency Reviews of Progress Towards Strategic Goals and Objectives.-- ``(1) Covered goal defined.--In this subsection, the term `covered goal' means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. Section 1115(a) of title 31, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) For each Federal Government performance goal, identify, subject to the discretion of the Director, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom-- ``(A) not less than 1 shall be from the Executive Office of the President; and ``(B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2);''. a) Clarification of Requirement To Cite to Evidence-Building Activities in Strategic Plans.--Section 306(a) of title 5, United States Code, is amended-- (1) in paragraph (8) by inserting ``, as applicable'' after ``section 312''; and (2) in paragraph (9), in the matter preceding subparagraph (A), by inserting ``with respect to the head of an agency required to develop a plan described in subsection (a) or (b) of section 312,'' before ``an assessment''. (

To improve performance and accountability in the Federal Government, and for other purposes. a) Strategic Reviews.-- (1) In general.--Section 1121 of title 31, United States Code, is amended-- (A) by striking the section heading and inserting ``Progress reviews and use of performance information''; and (B) by adding at the end the following: ``(c) Agency Reviews of Progress Towards Strategic Goals and Objectives.-- ``(1) Covered goal defined.--In this subsection, the term `covered goal' means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. FEDERAL GOVERNMENT PRIORITY GOAL CO-LEADERS. Section 1115(a) of title 31, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) For each Federal Government performance goal, identify, subject to the discretion of the Director, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom-- ``(A) not less than 1 shall be from the Executive Office of the President; and ``(B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2);''. ( b) Clarification of Timing of Agency Performance Report.--Section 1116(b)(1) of title 31, United States Code, is amended by striking ``shall occur no less than 150 days after'' and inserting ``shall occur not later than 150 days after''.

To improve performance and accountability in the Federal Government, and for other purposes. a) Strategic Reviews.-- (1) In general.--Section 1121 of title 31, United States Code, is amended-- (A) by striking the section heading and inserting ``Progress reviews and use of performance information''; and (B) by adding at the end the following: ``(c) Agency Reviews of Progress Towards Strategic Goals and Objectives.-- ``(1) Covered goal defined.--In this subsection, the term `covered goal' means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. Section 1115(a) of title 31, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) For each Federal Government performance goal, identify, subject to the discretion of the Director, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom-- ``(A) not less than 1 shall be from the Executive Office of the President; and ``(B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2);''. a) Clarification of Requirement To Cite to Evidence-Building Activities in Strategic Plans.--Section 306(a) of title 5, United States Code, is amended-- (1) in paragraph (8) by inserting ``, as applicable'' after ``section 312''; and (2) in paragraph (9), in the matter preceding subparagraph (A), by inserting ``with respect to the head of an agency required to develop a plan described in subsection (a) or (b) of section 312,'' before ``an assessment''. (

To improve performance and accountability in the Federal Government, and for other purposes. a) Strategic Reviews.-- (1) In general.--Section 1121 of title 31, United States Code, is amended-- (A) by striking the section heading and inserting ``Progress reviews and use of performance information''; and (B) by adding at the end the following: ``(c) Agency Reviews of Progress Towards Strategic Goals and Objectives.-- ``(1) Covered goal defined.--In this subsection, the term `covered goal' means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. FEDERAL GOVERNMENT PRIORITY GOAL CO-LEADERS. Section 1115(a) of title 31, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) For each Federal Government performance goal, identify, subject to the discretion of the Director, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom-- ``(A) not less than 1 shall be from the Executive Office of the President; and ``(B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2);''. ( b) Clarification of Timing of Agency Performance Report.--Section 1116(b)(1) of title 31, United States Code, is amended by striking ``shall occur no less than 150 days after'' and inserting ``shall occur not later than 150 days after''.

Federal Agency Performance Act of 2022 - Requires the head and Chief Operating Officer of each federal agency to: (1) review with the appropriate agency official the progress achieved toward a strategic goal or objective established in the agency's strategic plan; (2) coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each goal; (3) assess progress toward each goal by reviewing Amends Federal law to require federal government performance goals to: (1) be updated and revised not less frequently than during the first year of each Presidential term; (2) be made publicly available not less than concurrently with the submission of the budget of the United States Government during FY2011-FY2015; (3) include plans for the successful achievement of each goal within each single Presidential

H.R.7545

Taxation

Kimberly Vaughan Firearm Safe Storage Act This bill directs the Department of Justice (DOJ) to establish voluntary best practices for safe firearm storage solely for the purpose of public education. DOJ must give at least 90 days public notice and afford an opportunity for a hearing before establishing such best practices. The bill authorizes DOJ to award grants for the development, implementation, and evaluation of Safe Firearm Storage Assistance Programs. The bill also provides for a new tax credit through 2030 for 10% of amounts received from the retail sale of a safe firearm storage device for use in the United States.

To make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer without a written notice promoting safe storage and a safe storage device, to create and disseminate best practices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Kimberly Vaughan Firearm Safe Storage Act''. SEC. 2. BEST PRACTICES FOR SAFE FIREARM STORAGE. (a) Establishment.-- (1) In general.-- (A) Not later than 180 days after the enactment of this Act, the Attorney General shall establish voluntary best practices relating to safe firearm storage solely for the purpose of public education. (B) The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before establishing such best practices. (2) Requirements.--In establishing the best practices required under paragraph (1), the Attorney General shall outline such best practices for preventing firearm loss, theft, and other unauthorized access for the following locations: (A) Businesses. (B) Vehicles. (C) Private homes. (D) Off-site storage facilities. (E) Any other such place the Attorney General deems appropriate to provide such guidance. (3) Publication.--Not later than 1 year after the enactment of this Act, the Attorney General shall publish, in print and on a public website, the best practices created pursuant to paragraph (1) and shall review such best practices and update them not less than annually. SEC. 3. PROMOTION OF SAFE FIREARM STORAGE. (a) In General.--Section 923 of title 18, United States Code, is amended by adding at the end the following: ``(m) Beginning on January 1, 2025, licensed manufacturers and licensed importers that serialize not less than 250 firearms annually pursuant to subsection (i) shall provide a clear and conspicuous written notice with each manufactured or imported handgun, rifle, or shotgun that-- ``(1) is attached or adhered to, or appears on or within any packaging of, each handgun, rifle, or shotgun; and ``(2) states `SAFE STORAGE SAVES LIVES' followed by the address of the public website established by the Attorney General pursuant to section 2 of the Kimberly Vaughan Firearm Safe Storage Act.''. SEC. 4. SAFE STORAGE DEVICES FOR ALL FIREARM SALES. (a) In General.--Section 922(z) of title 18, United States Code, is amended by striking ``handgun'' each place it appears and inserting ``handgun, rifle, or shotgun''. (b) Effective Date.--This section and the amendments made by this section shall take effect on the date that is 180 days after the enactment of this Act. SEC. 5. SAFE FIREARM STORAGE GRANT PROGRAM. (a) In General.--The Attorney General may award grants to States and Indian Tribes for the development, implementation, and evaluation of Safe Firearm Storage Assistance Programs. (b) Definitions.--For purposes of this section: (1) The term ``safe firearm storage device'' means a device that is-- (A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition; and (B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively. (2) The term ``Safe Firearm Storage Assistance Program'' means a program-- (A) carried out by a unit of local government or an Indian tribe; and (B) solely for the purpose of acquiring and distributing safe firearm storage devices to the public. (c) Application Requirements.--Each applicant for a grant under this section shall-- (1) submit to the Attorney General an application at such time, in such a manner, and containing such information as the Attorney General may require; and (2) to the extent practicable, identify State, local, Tribal, and private funds available to supplement the funds received under this section. (d) Reporting Requirement.-- (1) Grantee report.--A recipient of a grant under this section shall submit to the Attorney General an annual report, which includes the following information: (A) The amount distributed to each Safe Firearm Storage Assistance Program in the jurisdiction. (B) The number of safe firearm storage devices distributed by each such Safe Firearm Storage Assitance Program. A recipient of a grant under this section may not include any personally identifying information of recipients of safe firearms storage devices pursuant to a Safe Firearm Storage Assistance Program that received funding pursuant to this section. (2) Attorney general report.--Beginning 13 months after the first grants are awarded under this section, and annually thereafter, the Attorney General shall submit to Congress a report, which shall include following information: (A) A list of grant recipients during the previous year, including the funds awarded, cumulatively and disaggregated by grantee. (B) The information collected pursuant to subsection (d)(1). (e) Authorization of Appropriations.--There is authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of fiscal years 2022 through 2032, to remain available until expended. (f) Use of Funds.--Funds awarded under this section shall be allocated as follows: (1) Not less than 75 percent of the funds received by a grantee shall be used to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction. (2) Not more than 25 percent of the funds received by a grantee may be made available to nonprofit organizations to partner with units of local government to purchase and distribute safe firearm storage devices. SEC. 6. PREVENT FAMILY FIRE SAFE FIREARM STORAGE CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45U. SAFE FIREARM STORAGE CREDIT. ``(a) Allowance of Credit.--For purposes of section 38, the safe firearm storage credit determined under this section for the taxable year is an amount equal to 10 percent of amounts received from the first retail sale of a safe firearm storage device for use within the United States. ``(b) Limitation.-- ``(1) In general.--The amount taken into account under subsection (a) with respect to a safe firearm storage device shall not exceed $400. ``(2) Value.--If, in connection with a sale of a safe firearm storage device, the transferee receives other property, the amount taken into account under subsection (a) shall be limited to the amount received solely with respect to the safe firearm storage device, which shall be determined based on the value of the safe firearm storage device relative to the value of such other property. ``(c) Safe Firearm Storage Device.--For purposes of this section-- ``(1) In general.--The term `safe firearm storage device' means a device that is-- ``(A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition, and ``(B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively. ``(2) Exclusion.--The term `safe firearm storage device' does not include-- ``(A) any device which is incorporated to any extent into the design of a firearm or of ammunition, or ``(B) any device that, as of the day of the sale described in subsection (a), has been subject to a mandatory recall by the Consumer Product Safety Commission. ``(3) Firearm; ammunition.--The terms `firearm' and `ammunition' have the meanings given such terms in section 921 of title 18, United States Code (without regard to all that follows `firearm silencer ' in paragraph (3) of such section). ``(d) Termination.--This section shall not apply to sales after December 31, 2030.''. (b) Credit Made Part of General Business.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the safe firearm storage credit determined under section 45U.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45U. Safe firearm storage credit.''. (d) Report.--The Secretary of the Treasury shall make publicly available an annual report of the total amount of credit against tax determined under section 45U of such Code for taxable years ending in the preceding calendar year, disaggregated by State. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 7. SEVERABILITY. If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected. <all>

Kimberly Vaughan Firearm Safe Storage Act

To make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer without a written notice promoting safe storage and a safe storage device, to create and disseminate best practices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes.

Kimberly Vaughan Firearm Safe Storage Act

Rep. Jackson Lee, Sheila

D

TX

This bill directs the Department of Justice (DOJ) to establish voluntary best practices for safe firearm storage solely for the purpose of public education. DOJ must give at least 90 days public notice and afford an opportunity for a hearing before establishing such best practices. The bill authorizes DOJ to award grants for the development, implementation, and evaluation of Safe Firearm Storage Assistance Programs. The bill also provides for a new tax credit through 2030 for 10% of amounts received from the retail sale of a safe firearm storage device for use in the United States.

SHORT TITLE. 2. BEST PRACTICES FOR SAFE FIREARM STORAGE. (B) The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before establishing such best practices. (C) Private homes. 3. 4. SAFE STORAGE DEVICES FOR ALL FIREARM SALES. (a) In General.--Section 922(z) of title 18, United States Code, is amended by striking ``handgun'' each place it appears and inserting ``handgun, rifle, or shotgun''. (b) Effective Date.--This section and the amendments made by this section shall take effect on the date that is 180 days after the enactment of this Act. 5. (a) In General.--The Attorney General may award grants to States and Indian Tribes for the development, implementation, and evaluation of Safe Firearm Storage Assistance Programs. (b) Definitions.--For purposes of this section: (1) The term ``safe firearm storage device'' means a device that is-- (A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition; and (B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively. (2) Attorney general report.--Beginning 13 months after the first grants are awarded under this section, and annually thereafter, the Attorney General shall submit to Congress a report, which shall include following information: (A) A list of grant recipients during the previous year, including the funds awarded, cumulatively and disaggregated by grantee. (B) The information collected pursuant to subsection (d)(1). (e) Authorization of Appropriations.--There is authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of fiscal years 2022 through 2032, to remain available until expended. (f) Use of Funds.--Funds awarded under this section shall be allocated as follows: (1) Not less than 75 percent of the funds received by a grantee shall be used to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction. 6. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. SAFE FIREARM STORAGE CREDIT. 45U. (d) Report.--The Secretary of the Treasury shall make publicly available an annual report of the total amount of credit against tax determined under section 45U of such Code for taxable years ending in the preceding calendar year, disaggregated by State. SEC. 7. SEVERABILITY. If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.

SHORT TITLE. 2. BEST PRACTICES FOR SAFE FIREARM STORAGE. (C) Private homes. 3. SAFE STORAGE DEVICES FOR ALL FIREARM SALES. (a) In General.--Section 922(z) of title 18, United States Code, is amended by striking ``handgun'' each place it appears and inserting ``handgun, rifle, or shotgun''. (b) Effective Date.--This section and the amendments made by this section shall take effect on the date that is 180 days after the enactment of this Act. (a) In General.--The Attorney General may award grants to States and Indian Tribes for the development, implementation, and evaluation of Safe Firearm Storage Assistance Programs. (b) Definitions.--For purposes of this section: (1) The term ``safe firearm storage device'' means a device that is-- (A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition; and (B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively. (B) The information collected pursuant to subsection (d)(1). (f) Use of Funds.--Funds awarded under this section shall be allocated as follows: (1) Not less than 75 percent of the funds received by a grantee shall be used to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. SAFE FIREARM STORAGE CREDIT. 45U. (d) Report.--The Secretary of the Treasury shall make publicly available an annual report of the total amount of credit against tax determined under section 45U of such Code for taxable years ending in the preceding calendar year, disaggregated by State. SEC. If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.

To make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer without a written notice promoting safe storage and a safe storage device, to create and disseminate best practices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes. SHORT TITLE. 2. BEST PRACTICES FOR SAFE FIREARM STORAGE. (B) The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before establishing such best practices. (C) Private homes. (D) Off-site storage facilities. 3. 4. SAFE STORAGE DEVICES FOR ALL FIREARM SALES. (a) In General.--Section 922(z) of title 18, United States Code, is amended by striking ``handgun'' each place it appears and inserting ``handgun, rifle, or shotgun''. (b) Effective Date.--This section and the amendments made by this section shall take effect on the date that is 180 days after the enactment of this Act. 5. (a) In General.--The Attorney General may award grants to States and Indian Tribes for the development, implementation, and evaluation of Safe Firearm Storage Assistance Programs. (b) Definitions.--For purposes of this section: (1) The term ``safe firearm storage device'' means a device that is-- (A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition; and (B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively. (2) Attorney general report.--Beginning 13 months after the first grants are awarded under this section, and annually thereafter, the Attorney General shall submit to Congress a report, which shall include following information: (A) A list of grant recipients during the previous year, including the funds awarded, cumulatively and disaggregated by grantee. (B) The information collected pursuant to subsection (d)(1). (e) Authorization of Appropriations.--There is authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of fiscal years 2022 through 2032, to remain available until expended. (f) Use of Funds.--Funds awarded under this section shall be allocated as follows: (1) Not less than 75 percent of the funds received by a grantee shall be used to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction. (2) Not more than 25 percent of the funds received by a grantee may be made available to nonprofit organizations to partner with units of local government to purchase and distribute safe firearm storage devices. 6. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. SAFE FIREARM STORAGE CREDIT. ``(2) Value.--If, in connection with a sale of a safe firearm storage device, the transferee receives other property, the amount taken into account under subsection (a) shall be limited to the amount received solely with respect to the safe firearm storage device, which shall be determined based on the value of the safe firearm storage device relative to the value of such other property. ``(d) Termination.--This section shall not apply to sales after December 31, 2030.''. (b) Credit Made Part of General Business.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the safe firearm storage credit determined under section 45U.''. 45U. (d) Report.--The Secretary of the Treasury shall make publicly available an annual report of the total amount of credit against tax determined under section 45U of such Code for taxable years ending in the preceding calendar year, disaggregated by State. SEC. 7. SEVERABILITY. If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.

To make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer without a written notice promoting safe storage and a safe storage device, to create and disseminate best practices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Kimberly Vaughan Firearm Safe Storage Act''. 2. BEST PRACTICES FOR SAFE FIREARM STORAGE. (B) The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before establishing such best practices. (2) Requirements.--In establishing the best practices required under paragraph (1), the Attorney General shall outline such best practices for preventing firearm loss, theft, and other unauthorized access for the following locations: (A) Businesses. (B) Vehicles. (C) Private homes. (D) Off-site storage facilities. (E) Any other such place the Attorney General deems appropriate to provide such guidance. (3) Publication.--Not later than 1 year after the enactment of this Act, the Attorney General shall publish, in print and on a public website, the best practices created pursuant to paragraph (1) and shall review such best practices and update them not less than annually. 3. 4. SAFE STORAGE DEVICES FOR ALL FIREARM SALES. (a) In General.--Section 922(z) of title 18, United States Code, is amended by striking ``handgun'' each place it appears and inserting ``handgun, rifle, or shotgun''. (b) Effective Date.--This section and the amendments made by this section shall take effect on the date that is 180 days after the enactment of this Act. 5. (a) In General.--The Attorney General may award grants to States and Indian Tribes for the development, implementation, and evaluation of Safe Firearm Storage Assistance Programs. (b) Definitions.--For purposes of this section: (1) The term ``safe firearm storage device'' means a device that is-- (A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition; and (B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively. (B) The number of safe firearm storage devices distributed by each such Safe Firearm Storage Assitance Program. (2) Attorney general report.--Beginning 13 months after the first grants are awarded under this section, and annually thereafter, the Attorney General shall submit to Congress a report, which shall include following information: (A) A list of grant recipients during the previous year, including the funds awarded, cumulatively and disaggregated by grantee. (B) The information collected pursuant to subsection (d)(1). (e) Authorization of Appropriations.--There is authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of fiscal years 2022 through 2032, to remain available until expended. (f) Use of Funds.--Funds awarded under this section shall be allocated as follows: (1) Not less than 75 percent of the funds received by a grantee shall be used to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction. (2) Not more than 25 percent of the funds received by a grantee may be made available to nonprofit organizations to partner with units of local government to purchase and distribute safe firearm storage devices. 6. PREVENT FAMILY FIRE SAFE FIREARM STORAGE CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. SAFE FIREARM STORAGE CREDIT. ``(2) Value.--If, in connection with a sale of a safe firearm storage device, the transferee receives other property, the amount taken into account under subsection (a) shall be limited to the amount received solely with respect to the safe firearm storage device, which shall be determined based on the value of the safe firearm storage device relative to the value of such other property. ``(2) Exclusion.--The term `safe firearm storage device' does not include-- ``(A) any device which is incorporated to any extent into the design of a firearm or of ammunition, or ``(B) any device that, as of the day of the sale described in subsection (a), has been subject to a mandatory recall by the Consumer Product Safety Commission. ``(d) Termination.--This section shall not apply to sales after December 31, 2030.''. (b) Credit Made Part of General Business.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the safe firearm storage credit determined under section 45U.''. 45U. (d) Report.--The Secretary of the Treasury shall make publicly available an annual report of the total amount of credit against tax determined under section 45U of such Code for taxable years ending in the preceding calendar year, disaggregated by State. SEC. 7. SEVERABILITY. If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.

To make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer without a written notice promoting safe storage and a safe storage device, to create and disseminate best practices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes. a) Establishment.-- (1) In general.-- (A) Not later than 180 days after the enactment of this Act, the Attorney General shall establish voluntary best practices relating to safe firearm storage solely for the purpose of public education. ( (3) Publication.--Not later than 1 year after the enactment of this Act, the Attorney General shall publish, in print and on a public website, the best practices created pursuant to paragraph (1) and shall review such best practices and update them not less than annually. a) In General.--Section 922(z) of title 18, United States Code, is amended by striking ``handgun'' each place it appears and inserting ``handgun, rifle, or shotgun''. ( (a) In General.--The Attorney General may award grants to States and Indian Tribes for the development, implementation, and evaluation of Safe Firearm Storage Assistance Programs. ( b) Definitions.--For purposes of this section: (1) The term ``safe firearm storage device'' means a device that is-- (A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition; and (B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively. ( (B) The number of safe firearm storage devices distributed by each such Safe Firearm Storage Assitance Program. f) Use of Funds.--Funds awarded under this section shall be allocated as follows: (1) Not less than 75 percent of the funds received by a grantee shall be used to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction. ( (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(2) Value.--If, in connection with a sale of a safe firearm storage device, the transferee receives other property, the amount taken into account under subsection (a) shall be limited to the amount received solely with respect to the safe firearm storage device, which shall be determined based on the value of the safe firearm storage device relative to the value of such other property. ``(c) Safe Firearm Storage Device.--For purposes of this section-- ``(1) In general.--The term `safe firearm storage device' means a device that is-- ``(A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition, and ``(B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively. b) Credit Made Part of General Business.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the safe firearm storage credit determined under section 45U.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. d) Report.--The Secretary of the Treasury shall make publicly available an annual report of the total amount of credit against tax determined under section 45U of such Code for taxable years ending in the preceding calendar year, disaggregated by State. (

To make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer without a written notice promoting safe storage and a safe storage device, to create and disseminate best practices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes. a) Establishment.-- (1) In general.-- (A) Not later than 180 days after the enactment of this Act, the Attorney General shall establish voluntary best practices relating to safe firearm storage solely for the purpose of public education. ( D) Off-site storage facilities. ( SAFE STORAGE DEVICES FOR ALL FIREARM SALES. ( a) In General.--Section 922(z) of title 18, United States Code, is amended by striking ``handgun'' each place it appears and inserting ``handgun, rifle, or shotgun''. ( (c) Application Requirements.--Each applicant for a grant under this section shall-- (1) submit to the Attorney General an application at such time, in such a manner, and containing such information as the Attorney General may require; and (2) to the extent practicable, identify State, local, Tribal, and private funds available to supplement the funds received under this section. ( f) Use of Funds.--Funds awarded under this section shall be allocated as follows: (1) Not less than 75 percent of the funds received by a grantee shall be used to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction. ( PREVENT FAMILY FIRE SAFE FIREARM STORAGE CREDIT. ( SAFE FIREARM STORAGE CREDIT. ``(2) Exclusion.--The term `safe firearm storage device' does not include-- ``(A) any device which is incorporated to any extent into the design of a firearm or of ammunition, or ``(B) any device that, as of the day of the sale described in subsection (a), has been subject to a mandatory recall by the Consumer Product Safety Commission. (b) Credit Made Part of General Business.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the safe firearm storage credit determined under section 45U.''. ( d) Report.--The Secretary of the Treasury shall make publicly available an annual report of the total amount of credit against tax determined under section 45U of such Code for taxable years ending in the preceding calendar year, disaggregated by State. (

To make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer without a written notice promoting safe storage and a safe storage device, to create and disseminate best practices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes. a) Establishment.-- (1) In general.-- (A) Not later than 180 days after the enactment of this Act, the Attorney General shall establish voluntary best practices relating to safe firearm storage solely for the purpose of public education. ( D) Off-site storage facilities. ( SAFE STORAGE DEVICES FOR ALL FIREARM SALES. ( a) In General.--Section 922(z) of title 18, United States Code, is amended by striking ``handgun'' each place it appears and inserting ``handgun, rifle, or shotgun''. ( (c) Application Requirements.--Each applicant for a grant under this section shall-- (1) submit to the Attorney General an application at such time, in such a manner, and containing such information as the Attorney General may require; and (2) to the extent practicable, identify State, local, Tribal, and private funds available to supplement the funds received under this section. ( f) Use of Funds.--Funds awarded under this section shall be allocated as follows: (1) Not less than 75 percent of the funds received by a grantee shall be used to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction. ( PREVENT FAMILY FIRE SAFE FIREARM STORAGE CREDIT. ( SAFE FIREARM STORAGE CREDIT. ``(2) Exclusion.--The term `safe firearm storage device' does not include-- ``(A) any device which is incorporated to any extent into the design of a firearm or of ammunition, or ``(B) any device that, as of the day of the sale described in subsection (a), has been subject to a mandatory recall by the Consumer Product Safety Commission. (b) Credit Made Part of General Business.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the safe firearm storage credit determined under section 45U.''. ( d) Report.--The Secretary of the Treasury shall make publicly available an annual report of the total amount of credit against tax determined under section 45U of such Code for taxable years ending in the preceding calendar year, disaggregated by State. (

To make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer without a written notice promoting safe storage and a safe storage device, to create and disseminate best practices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes. a) Establishment.-- (1) In general.-- (A) Not later than 180 days after the enactment of this Act, the Attorney General shall establish voluntary best practices relating to safe firearm storage solely for the purpose of public education. ( (3) Publication.--Not later than 1 year after the enactment of this Act, the Attorney General shall publish, in print and on a public website, the best practices created pursuant to paragraph (1) and shall review such best practices and update them not less than annually. a) In General.--Section 922(z) of title 18, United States Code, is amended by striking ``handgun'' each place it appears and inserting ``handgun, rifle, or shotgun''. ( (a) In General.--The Attorney General may award grants to States and Indian Tribes for the development, implementation, and evaluation of Safe Firearm Storage Assistance Programs. ( b) Definitions.--For purposes of this section: (1) The term ``safe firearm storage device'' means a device that is-- (A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition; and (B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively. ( (B) The number of safe firearm storage devices distributed by each such Safe Firearm Storage Assitance Program. f) Use of Funds.--Funds awarded under this section shall be allocated as follows: (1) Not less than 75 percent of the funds received by a grantee shall be used to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction. ( (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(2) Value.--If, in connection with a sale of a safe firearm storage device, the transferee receives other property, the amount taken into account under subsection (a) shall be limited to the amount received solely with respect to the safe firearm storage device, which shall be determined based on the value of the safe firearm storage device relative to the value of such other property. ``(c) Safe Firearm Storage Device.--For purposes of this section-- ``(1) In general.--The term `safe firearm storage device' means a device that is-- ``(A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition, and ``(B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively. b) Credit Made Part of General Business.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the safe firearm storage credit determined under section 45U.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. d) Report.--The Secretary of the Treasury shall make publicly available an annual report of the total amount of credit against tax determined under section 45U of such Code for taxable years ending in the preceding calendar year, disaggregated by State. (

To make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer without a written notice promoting safe storage and a safe storage device, to create and disseminate best practices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes. a) Establishment.-- (1) In general.-- (A) Not later than 180 days after the enactment of this Act, the Attorney General shall establish voluntary best practices relating to safe firearm storage solely for the purpose of public education. ( D) Off-site storage facilities. ( SAFE STORAGE DEVICES FOR ALL FIREARM SALES. ( a) In General.--Section 922(z) of title 18, United States Code, is amended by striking ``handgun'' each place it appears and inserting ``handgun, rifle, or shotgun''. ( (c) Application Requirements.--Each applicant for a grant under this section shall-- (1) submit to the Attorney General an application at such time, in such a manner, and containing such information as the Attorney General may require; and (2) to the extent practicable, identify State, local, Tribal, and private funds available to supplement the funds received under this section. ( f) Use of Funds.--Funds awarded under this section shall be allocated as follows: (1) Not less than 75 percent of the funds received by a grantee shall be used to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction. ( PREVENT FAMILY FIRE SAFE FIREARM STORAGE CREDIT. ( SAFE FIREARM STORAGE CREDIT. ``(2) Exclusion.--The term `safe firearm storage device' does not include-- ``(A) any device which is incorporated to any extent into the design of a firearm or of ammunition, or ``(B) any device that, as of the day of the sale described in subsection (a), has been subject to a mandatory recall by the Consumer Product Safety Commission. (b) Credit Made Part of General Business.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the safe firearm storage credit determined under section 45U.''. ( d) Report.--The Secretary of the Treasury shall make publicly available an annual report of the total amount of credit against tax determined under section 45U of such Code for taxable years ending in the preceding calendar year, disaggregated by State. (

To make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer without a written notice promoting safe storage and a safe storage device, to create and disseminate best practices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes. a) Establishment.-- (1) In general.-- (A) Not later than 180 days after the enactment of this Act, the Attorney General shall establish voluntary best practices relating to safe firearm storage solely for the purpose of public education. ( (3) Publication.--Not later than 1 year after the enactment of this Act, the Attorney General shall publish, in print and on a public website, the best practices created pursuant to paragraph (1) and shall review such best practices and update them not less than annually. a) In General.--Section 922(z) of title 18, United States Code, is amended by striking ``handgun'' each place it appears and inserting ``handgun, rifle, or shotgun''. ( (a) In General.--The Attorney General may award grants to States and Indian Tribes for the development, implementation, and evaluation of Safe Firearm Storage Assistance Programs. ( b) Definitions.--For purposes of this section: (1) The term ``safe firearm storage device'' means a device that is-- (A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition; and (B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively. ( (B) The number of safe firearm storage devices distributed by each such Safe Firearm Storage Assitance Program. f) Use of Funds.--Funds awarded under this section shall be allocated as follows: (1) Not less than 75 percent of the funds received by a grantee shall be used to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction. ( (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(2) Value.--If, in connection with a sale of a safe firearm storage device, the transferee receives other property, the amount taken into account under subsection (a) shall be limited to the amount received solely with respect to the safe firearm storage device, which shall be determined based on the value of the safe firearm storage device relative to the value of such other property. ``(c) Safe Firearm Storage Device.--For purposes of this section-- ``(1) In general.--The term `safe firearm storage device' means a device that is-- ``(A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition, and ``(B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively. b) Credit Made Part of General Business.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the safe firearm storage credit determined under section 45U.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. d) Report.--The Secretary of the Treasury shall make publicly available an annual report of the total amount of credit against tax determined under section 45U of such Code for taxable years ending in the preceding calendar year, disaggregated by State. (

To make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer without a written notice promoting safe storage and a safe storage device, to create and disseminate best practices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes. a) Establishment.-- (1) In general.-- (A) Not later than 180 days after the enactment of this Act, the Attorney General shall establish voluntary best practices relating to safe firearm storage solely for the purpose of public education. ( D) Off-site storage facilities. ( SAFE STORAGE DEVICES FOR ALL FIREARM SALES. ( a) In General.--Section 922(z) of title 18, United States Code, is amended by striking ``handgun'' each place it appears and inserting ``handgun, rifle, or shotgun''. ( (c) Application Requirements.--Each applicant for a grant under this section shall-- (1) submit to the Attorney General an application at such time, in such a manner, and containing such information as the Attorney General may require; and (2) to the extent practicable, identify State, local, Tribal, and private funds available to supplement the funds received under this section. ( f) Use of Funds.--Funds awarded under this section shall be allocated as follows: (1) Not less than 75 percent of the funds received by a grantee shall be used to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction. ( PREVENT FAMILY FIRE SAFE FIREARM STORAGE CREDIT. ( SAFE FIREARM STORAGE CREDIT. ``(2) Exclusion.--The term `safe firearm storage device' does not include-- ``(A) any device which is incorporated to any extent into the design of a firearm or of ammunition, or ``(B) any device that, as of the day of the sale described in subsection (a), has been subject to a mandatory recall by the Consumer Product Safety Commission. (b) Credit Made Part of General Business.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the safe firearm storage credit determined under section 45U.''. ( d) Report.--The Secretary of the Treasury shall make publicly available an annual report of the total amount of credit against tax determined under section 45U of such Code for taxable years ending in the preceding calendar year, disaggregated by State. (

To make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer without a written notice promoting safe storage and a safe storage device, to create and disseminate best practices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes. a) Establishment.-- (1) In general.-- (A) Not later than 180 days after the enactment of this Act, the Attorney General shall establish voluntary best practices relating to safe firearm storage solely for the purpose of public education. ( ( ( b) Definitions.--For purposes of this section: (1) The term ``safe firearm storage device'' means a device that is-- (A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition; and (B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively. ( ( f) Use of Funds.--Funds awarded under this section shall be allocated as follows: (1) Not less than 75 percent of the funds received by a grantee shall be used to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction. ( ( ``(c) Safe Firearm Storage Device.--For purposes of this section-- ``(1) In general.--The term `safe firearm storage device' means a device that is-- ``(A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition, and ``(B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively. b) Credit Made Part of General Business.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the safe firearm storage credit determined under section 45U.''. (

To make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer without a written notice promoting safe storage and a safe storage device, to create and disseminate best practices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes. a) Establishment.-- (1) In general.-- (A) Not later than 180 days after the enactment of this Act, the Attorney General shall establish voluntary best practices relating to safe firearm storage solely for the purpose of public education. ( (b) Credit Made Part of General Business.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the safe firearm storage credit determined under section 45U.''. ( d) Report.--The Secretary of the Treasury shall make publicly available an annual report of the total amount of credit against tax determined under section 45U of such Code for taxable years ending in the preceding calendar year, disaggregated by State. (

To make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer without a written notice promoting safe storage and a safe storage device, to create and disseminate best practices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes. a) Establishment.-- (1) In general.-- (A) Not later than 180 days after the enactment of this Act, the Attorney General shall establish voluntary best practices relating to safe firearm storage solely for the purpose of public education. ( ( ( b) Definitions.--For purposes of this section: (1) The term ``safe firearm storage device'' means a device that is-- (A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition; and (B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively. ( ( f) Use of Funds.--Funds awarded under this section shall be allocated as follows: (1) Not less than 75 percent of the funds received by a grantee shall be used to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction. ( ( ``(c) Safe Firearm Storage Device.--For purposes of this section-- ``(1) In general.--The term `safe firearm storage device' means a device that is-- ``(A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition, and ``(B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively. b) Credit Made Part of General Business.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the safe firearm storage credit determined under section 45U.''. (

Kimberly Vaughan Firearm Safe Storage Act - Amends the federal criminal code to require licensed manufacturers and licensed importers that serialize not less than 250 firearms annually to provide a clear and conspicuous written notice with each manufactured or imported handgun, rifle, or shotgun that: (1) states "SAFE STORAGE SAVES LIVES" followed by the address of the Amends the Internal Revenue Code to allow a tax credit for 10% of amounts received from the first retail sale of a safe firearm storage device for use within the United States. (Currently, such credit is limited to $400.) (Sec. 7) Prohibits the credit from being used to offset the cost of a firearm or ammunition storage device.

H.R.5375

Taxation

This bill authorizes the Department of the Treasury to certify or decertify (for incompetence or willful misrepresentation) the practice of tax return preparers and impose fees on such preparers. It also authorizes Treasury to require tax return preparers to provide disclosures to person receiving tax return preparation services and regarding refund anticipation payment arrangements. Treasury may impose a penalty on tax return preparers who fail to make required disclosures.

To regulate tax return preparers and refund anticipation payment arrangements. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REGULATION OF TAX RETURN PREPARERS. (a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. 330. Practice before the department and tax return preparers ``(a) Subject to section 500 of title 5, the Secretary of the Treasury may-- ``(1) regulate the practice of representatives of persons before the Department of the Treasury through licensure; ``(2) certify the practice of tax return preparers; and ``(3) before admitting a representative or a tax return preparer to practice, require that the representative or tax return preparer demonstrate-- ``(A) good character; ``(B) good reputation; ``(C) necessary qualifications to enable the representative or tax return preparer to provide to persons valuable service; and ``(D) competency to advise and assist persons in presenting their cases or in preparing tax returns, claims for refund, or other submissions related to the Internal Revenue Code of 1986 or other laws or regulations administered by the Internal Revenue Service. ``(b) Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation of `enrolled agent', `EA', or `E.A.'. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. ``(2) A representative or tax return preparer is described in this paragraph if the representative or tax return preparer-- ``(A) is incompetent; ``(B) is disreputable; ``(C) violates regulations prescribed under this section; or ``(D) with intent to defraud, willfully and knowingly misleads or threatens the person being represented or a prospective person to be represented. ``(3) The Secretary may impose a monetary penalty on any representative or tax return preparer described in paragraph (2). If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. Such penalty shall not exceed the gross income derived (or to be derived) from the conduct giving rise to the penalty and may be in addition to, or in lieu of, any suspension of the representative, the decertification of the tax return preparer, or censure of the representative or the tax return preparer. ``(d) After notice and opportunity for a hearing to any appraiser, the Secretary may-- ``(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and ``(2) bar such appraiser from presenting evidence or testimony in any such proceeding. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(f)(1) The Secretary of the Treasury may impose fees on tax return preparers necessary to implement such programs as required by subsection (a). ``(2) In addition to paragraph (1), the Commissioner of Internal Revenue may impose an annual fee necessary for any competency testing and training required for licensure and certification under this section. ``(3) Nothing in this section may be construed to limit the authority of the Commissioner of Internal Revenue to issue orders and establish fees related to the other purposes, including the issuing of Preparer Tax Identification Numbers. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. (b) Clerical Amendment.--The chapter analysis for chapter 3 of title 31, United States Code, is amended by striking the item relating to section 330 and inserting the following: ``330. Practice before the department and tax return preparers.''. SEC. 2. CLARIFYING AUTHORITY TO IMPOSE CIVIL PENALTIES FOR IMPROPER DISCLOSURES. Subsection (c) of section 6713 of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Exceptions.-- ``(1) Exceptions.--The rules of section 7216(b) shall apply for purposes of this section. ``(2) Cross reference.--See section 7216 for criminal penalty for disclosure or use of information by preparers of returns.''. SEC. 3. REGULATION OF REFUND ANTICIPATION PAYMENT INSTRUMENTS. (a) Disclosure Requirements for Tax Return Preparers.--Subchapter A of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7813. DISCLOSURE REQUIREMENTS FOR TAX RETURN PREPARERS. ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. Such disclosures shall-- ``(1) identify the amount of fees the tax return preparer charges for preparing a tax return, filing a tax return, submitting a claim for refund, executing a refund anticipation payment arrangement, or submitting other submissions related to this title or other laws or regulations administered by the Internal Revenue Service, ``(2) identify where on the website published by the Internal Revenue Service the average amount of time in which an individual who files a Federal income tax return can expect to receive a refund, ``(3) in the case of a refund anticipation payment arrangement involving a depository account not controlled by the person receiving tax return preparation services or a prospective person to receive such services, describe-- ``(A) the difference in days between the average amount of time by which a person receiving tax return preparation services or a prospective person to receive such services receives the tax refund (in whole or in part) from a refund anticipation payment arrangement, and ``(B) the average amount of time by which a person receiving tax return preparation services or a prospective person to receive such services who files a Federal income tax return electronically receives the tax refund deposited directly to that person's account by the taxing authority, ``(4) state that a refund anticipation payment arrangement is not necessary to receive a tax refund, ``(5) state that, if a person receiving tax return preparation services or a prospective person to receive such services does not receive a tax refund or the amount of the tax refund is less than the amount anticipated under the refund anticipation payment arrangement, the person receiving tax return preparation services or a prospective person to receive such services may be responsible for paying any fees and interest associated with a refund anticipation payment arrangement, and ``(6) include any such other disclosures not specified in the preceding paragraphs to carry out this section that the Secretary deems appropriate. ``(b) Refund Anticipation Payment Arrangement Defined.--For purposes of this section, the term `refund anticipation payment arrangement' means an arrangement under which, in exchange for Federal income tax preparation services, a consumer agrees to pay a fee or interest upon receipt of the consumer's tax refund to a tax return preparer, lender, or other affiliated lender by-- ``(1) requesting the Federal Government to deposit such tax refund, in whole or in part, directly into a depository account designated by either the consumer or the tax return preparer, lender, or other affiliated lender, or ``(2) directly paying the fee or interest to the tax return preparer, lender, or other affiliated lender.''. (b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. 6720D. FAILURE TO MEET DISCLOSURE REQUIREMENTS FOR TAX RETURN PREPARERS. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure. ``(b) Penalty in Addition to Other Penalties.--The penalty imposed by this section shall be in addition to any other penalty imposed by law.''. (c) Clerical Amendments.-- (1) The table of sections for subchapter B of chapter 68 of such Code is amended by inserting after the item related to section 6720C the following new item: ``Sec. 6720D. Failure to meet disclosure requirements for tax return preparers.''. (2) The table of sections for subchapter A of chapter 80 of such Code is amended by inserting after the item related to section 7812 the following new item: ``Sec. 7813. Disclosure requirements for tax return preparers.''. (d) Effective Date.--The amendments made by this section shall apply with respect to returns filed after December 31, 2021. <all>

To regulate tax return preparers and refund anticipation payment arrangements.

To regulate tax return preparers and refund anticipation payment arrangements.

Official Titles - House of Representatives Official Title as Introduced To regulate tax return preparers and refund anticipation payment arrangements.

Rep. Bonamici, Suzanne

D

OR

This bill authorizes the Department of the Treasury to certify or decertify (for incompetence or willful misrepresentation) the practice of tax return preparers and impose fees on such preparers. It also authorizes Treasury to require tax return preparers to provide disclosures to person receiving tax return preparation services and regarding refund anticipation payment arrangements. Treasury may impose a penalty on tax return preparers who fail to make required disclosures.

REGULATION OF TAX RETURN PREPARERS. (a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. 330. ``(b) Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation of `enrolled agent', `EA', or `E.A.'. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(d) After notice and opportunity for a hearing to any appraiser, the Secretary may-- ``(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and ``(2) bar such appraiser from presenting evidence or testimony in any such proceeding. 2. CLARIFYING AUTHORITY TO IMPOSE CIVIL PENALTIES FOR IMPROPER DISCLOSURES. SEC. 3. REGULATION OF REFUND ANTICIPATION PAYMENT INSTRUMENTS. (a) Disclosure Requirements for Tax Return Preparers.--Subchapter A of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. ``(b) Refund Anticipation Payment Arrangement Defined.--For purposes of this section, the term `refund anticipation payment arrangement' means an arrangement under which, in exchange for Federal income tax preparation services, a consumer agrees to pay a fee or interest upon receipt of the consumer's tax refund to a tax return preparer, lender, or other affiliated lender by-- ``(1) requesting the Federal Government to deposit such tax refund, in whole or in part, directly into a depository account designated by either the consumer or the tax return preparer, lender, or other affiliated lender, or ``(2) directly paying the fee or interest to the tax return preparer, lender, or other affiliated lender.''. FAILURE TO MEET DISCLOSURE REQUIREMENTS FOR TAX RETURN PREPARERS. ``(b) Penalty in Addition to Other Penalties.--The penalty imposed by this section shall be in addition to any other penalty imposed by law.''. (c) Clerical Amendments.-- (1) The table of sections for subchapter B of chapter 68 of such Code is amended by inserting after the item related to section 6720C the following new item: ``Sec. 6720D. 7813.

REGULATION OF TAX RETURN PREPARERS. (a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. 330. ``(b) Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation of `enrolled agent', `EA', or `E.A.'. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. 2. CLARIFYING AUTHORITY TO IMPOSE CIVIL PENALTIES FOR IMPROPER DISCLOSURES. SEC. 3. REGULATION OF REFUND ANTICIPATION PAYMENT INSTRUMENTS. (a) Disclosure Requirements for Tax Return Preparers.--Subchapter A of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. ``(b) Refund Anticipation Payment Arrangement Defined.--For purposes of this section, the term `refund anticipation payment arrangement' means an arrangement under which, in exchange for Federal income tax preparation services, a consumer agrees to pay a fee or interest upon receipt of the consumer's tax refund to a tax return preparer, lender, or other affiliated lender by-- ``(1) requesting the Federal Government to deposit such tax refund, in whole or in part, directly into a depository account designated by either the consumer or the tax return preparer, lender, or other affiliated lender, or ``(2) directly paying the fee or interest to the tax return preparer, lender, or other affiliated lender.''. ``(b) Penalty in Addition to Other Penalties.--The penalty imposed by this section shall be in addition to any other penalty imposed by law.''. (c) Clerical Amendments.-- (1) The table of sections for subchapter B of chapter 68 of such Code is amended by inserting after the item related to section 6720C the following new item: ``Sec. 6720D. 7813.

REGULATION OF TAX RETURN PREPARERS. (a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. 330. ``(b) Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation of `enrolled agent', `EA', or `E.A.'. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(d) After notice and opportunity for a hearing to any appraiser, the Secretary may-- ``(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and ``(2) bar such appraiser from presenting evidence or testimony in any such proceeding. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(2) In addition to paragraph (1), the Commissioner of Internal Revenue may impose an annual fee necessary for any competency testing and training required for licensure and certification under this section. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. 2. CLARIFYING AUTHORITY TO IMPOSE CIVIL PENALTIES FOR IMPROPER DISCLOSURES. SEC. 3. REGULATION OF REFUND ANTICIPATION PAYMENT INSTRUMENTS. (a) Disclosure Requirements for Tax Return Preparers.--Subchapter A of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. ``(b) Refund Anticipation Payment Arrangement Defined.--For purposes of this section, the term `refund anticipation payment arrangement' means an arrangement under which, in exchange for Federal income tax preparation services, a consumer agrees to pay a fee or interest upon receipt of the consumer's tax refund to a tax return preparer, lender, or other affiliated lender by-- ``(1) requesting the Federal Government to deposit such tax refund, in whole or in part, directly into a depository account designated by either the consumer or the tax return preparer, lender, or other affiliated lender, or ``(2) directly paying the fee or interest to the tax return preparer, lender, or other affiliated lender.''. FAILURE TO MEET DISCLOSURE REQUIREMENTS FOR TAX RETURN PREPARERS. ``(b) Penalty in Addition to Other Penalties.--The penalty imposed by this section shall be in addition to any other penalty imposed by law.''. (c) Clerical Amendments.-- (1) The table of sections for subchapter B of chapter 68 of such Code is amended by inserting after the item related to section 6720C the following new item: ``Sec. 6720D. 7813. (d) Effective Date.--The amendments made by this section shall apply with respect to returns filed after December 31, 2021.

REGULATION OF TAX RETURN PREPARERS. (a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. 330. ``(b) Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation of `enrolled agent', `EA', or `E.A.'. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(d) After notice and opportunity for a hearing to any appraiser, the Secretary may-- ``(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and ``(2) bar such appraiser from presenting evidence or testimony in any such proceeding. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(2) In addition to paragraph (1), the Commissioner of Internal Revenue may impose an annual fee necessary for any competency testing and training required for licensure and certification under this section. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. 2. CLARIFYING AUTHORITY TO IMPOSE CIVIL PENALTIES FOR IMPROPER DISCLOSURES. SEC. 3. REGULATION OF REFUND ANTICIPATION PAYMENT INSTRUMENTS. (a) Disclosure Requirements for Tax Return Preparers.--Subchapter A of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. Such disclosures shall-- ``(1) identify the amount of fees the tax return preparer charges for preparing a tax return, filing a tax return, submitting a claim for refund, executing a refund anticipation payment arrangement, or submitting other submissions related to this title or other laws or regulations administered by the Internal Revenue Service, ``(2) identify where on the website published by the Internal Revenue Service the average amount of time in which an individual who files a Federal income tax return can expect to receive a refund, ``(3) in the case of a refund anticipation payment arrangement involving a depository account not controlled by the person receiving tax return preparation services or a prospective person to receive such services, describe-- ``(A) the difference in days between the average amount of time by which a person receiving tax return preparation services or a prospective person to receive such services receives the tax refund (in whole or in part) from a refund anticipation payment arrangement, and ``(B) the average amount of time by which a person receiving tax return preparation services or a prospective person to receive such services who files a Federal income tax return electronically receives the tax refund deposited directly to that person's account by the taxing authority, ``(4) state that a refund anticipation payment arrangement is not necessary to receive a tax refund, ``(5) state that, if a person receiving tax return preparation services or a prospective person to receive such services does not receive a tax refund or the amount of the tax refund is less than the amount anticipated under the refund anticipation payment arrangement, the person receiving tax return preparation services or a prospective person to receive such services may be responsible for paying any fees and interest associated with a refund anticipation payment arrangement, and ``(6) include any such other disclosures not specified in the preceding paragraphs to carry out this section that the Secretary deems appropriate. ``(b) Refund Anticipation Payment Arrangement Defined.--For purposes of this section, the term `refund anticipation payment arrangement' means an arrangement under which, in exchange for Federal income tax preparation services, a consumer agrees to pay a fee or interest upon receipt of the consumer's tax refund to a tax return preparer, lender, or other affiliated lender by-- ``(1) requesting the Federal Government to deposit such tax refund, in whole or in part, directly into a depository account designated by either the consumer or the tax return preparer, lender, or other affiliated lender, or ``(2) directly paying the fee or interest to the tax return preparer, lender, or other affiliated lender.''. FAILURE TO MEET DISCLOSURE REQUIREMENTS FOR TAX RETURN PREPARERS. ``(b) Penalty in Addition to Other Penalties.--The penalty imposed by this section shall be in addition to any other penalty imposed by law.''. (c) Clerical Amendments.-- (1) The table of sections for subchapter B of chapter 68 of such Code is amended by inserting after the item related to section 6720C the following new item: ``Sec. 6720D. 7813. (d) Effective Date.--The amendments made by this section shall apply with respect to returns filed after December 31, 2021.

To regulate tax return preparers and refund anticipation payment arrangements. a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(d) After notice and opportunity for a hearing to any appraiser, the Secretary may-- ``(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and ``(2) bar such appraiser from presenting evidence or testimony in any such proceeding. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure. (2) The table of sections for subchapter A of chapter 80 of such Code is amended by inserting after the item related to section 7812 the following new item: ``Sec. Disclosure requirements for tax return preparers.''. (

To regulate tax return preparers and refund anticipation payment arrangements. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure.

To regulate tax return preparers and refund anticipation payment arrangements. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure.

To regulate tax return preparers and refund anticipation payment arrangements. a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(d) After notice and opportunity for a hearing to any appraiser, the Secretary may-- ``(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and ``(2) bar such appraiser from presenting evidence or testimony in any such proceeding. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure. (2) The table of sections for subchapter A of chapter 80 of such Code is amended by inserting after the item related to section 7812 the following new item: ``Sec. Disclosure requirements for tax return preparers.''. (

To regulate tax return preparers and refund anticipation payment arrangements. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure.

To regulate tax return preparers and refund anticipation payment arrangements. a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(d) After notice and opportunity for a hearing to any appraiser, the Secretary may-- ``(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and ``(2) bar such appraiser from presenting evidence or testimony in any such proceeding. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure. (2) The table of sections for subchapter A of chapter 80 of such Code is amended by inserting after the item related to section 7812 the following new item: ``Sec. Disclosure requirements for tax return preparers.''. (

To regulate tax return preparers and refund anticipation payment arrangements. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure.

To regulate tax return preparers and refund anticipation payment arrangements. a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(d) After notice and opportunity for a hearing to any appraiser, the Secretary may-- ``(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and ``(2) bar such appraiser from presenting evidence or testimony in any such proceeding. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure. (2) The table of sections for subchapter A of chapter 80 of such Code is amended by inserting after the item related to section 7812 the following new item: ``Sec. Disclosure requirements for tax return preparers.''. (

To regulate tax return preparers and refund anticipation payment arrangements. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure.

To regulate tax return preparers and refund anticipation payment arrangements. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure. (2) The table of sections for subchapter A of chapter 80 of such Code is amended by inserting after the item related to section 7812 the following new item: ``Sec. Disclosure requirements for tax return preparers.''. (

Amends the Internal Revenue Code to authorize the Secretary of the Treasury to: (1) regulate the practice of representatives of persons before the Department of Treasury through licensure; (2) certify the practice and qualifications of tax return preparers; and (3) impose monetary penalties on such preparers. (Currently, the Secretary may only regulate tax preparers who are properly licensed.) Amends the Internal Revenue Code to: (1) impose a penalty of up to $1,000 per failure to disclose certain information regarding tax return preparation services; and (2) require a tax return preparer to include on his or her tax return a statement that the tax preparer has not paid the refund anticipation payment arrangement fee or interest. (Currently, a refund anticipation arrangement

S.2856

Taxation

This bill authorizes the Department of the Treasury to certify or decertify (for incompetence or willful misrepresentation) the practice of tax return preparers and impose fees on such preparers. It also authorizes Treasury to require tax return preparers to provide disclosures to person receiving tax return preparation services and regarding refund anticipation payment arrangements. Treasury may impose a penalty on tax return preparers who fail to make required disclosures.

To regulate tax return preparers and refund anticipation payment arrangements. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REGULATION OF TAX RETURN PREPARERS. (a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. 330. Practice before the department and tax return preparers ``(a) Subject to section 500 of title 5, the Secretary of the Treasury may-- ``(1) regulate the practice of representatives of persons before the Department of the Treasury through licensure; ``(2) certify the practice of tax return preparers; and ``(3) before admitting a representative or a tax return preparer to practice, require that the representative or tax return preparer demonstrate-- ``(A) good character; ``(B) good reputation; ``(C) necessary qualifications to enable the representative or tax return preparer to provide to persons valuable service; and ``(D) competency to advise and assist persons in presenting their cases or in preparing tax returns, claims for refund, or other submissions related to the Internal Revenue Code of 1986 or other laws or regulations administered by the Internal Revenue Service. ``(b) Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation of `enrolled agent', `EA', or `E.A.'. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. ``(2) A representative or tax return preparer is described in this paragraph if the representative or tax return preparer-- ``(A) is incompetent; ``(B) is disreputable; ``(C) violates regulations prescribed under this section; or ``(D) with intent to defraud, willfully and knowingly misleads or threatens the person being represented or a prospective person to be represented. ``(3) The Secretary may impose a monetary penalty on any representative or tax return preparer described in paragraph (2). If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. Such penalty shall not exceed the gross income derived (or to be derived) from the conduct giving rise to the penalty and may be in addition to, or in lieu of, any suspension of the representative, the decertification of the tax return preparer, or censure of the representative or the tax return preparer. ``(d) After notice and opportunity for a hearing to any appraiser, the Secretary may-- ``(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and ``(2) bar such appraiser from presenting evidence or testimony in any such proceeding. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(f)(1) The Secretary of the Treasury may impose fees on tax return preparers necessary to implement such programs as required by subsection (a). ``(2) In addition to paragraph (1), the Commissioner of Internal Revenue may impose an annual fee necessary for any competency testing and training required for licensure and certification under this section. ``(3) Nothing in this section may be construed to limit the authority of the Commissioner of Internal Revenue to issue orders and establish fees related to the other purposes, including the issuing of Preparer Tax Identification Numbers. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. (b) Clerical Amendment.--The chapter analysis for chapter 3 of title 31, United States Code, is amended by striking the item relating to section 330 and inserting the following: ``330. Practice before the department and tax return preparers.''. SEC. 2. CLARIFYING AUTHORITY TO IMPOSE CIVIL PENALTIES FOR IMPROPER DISCLOSURES. Subsection (c) of section 6713 of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Exceptions.-- ``(1) Exceptions.--The rules of section 7216(b) shall apply for purposes of this section. ``(2) Cross reference.--See section 7216 for criminal penalty for disclosure or use of information by preparers of returns.''. SEC. 3. REGULATION OF REFUND ANTICIPATION PAYMENT INSTRUMENTS. (a) Disclosure Requirements for Tax Return Preparers.--Subchapter A of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7813. DISCLOSURE REQUIREMENTS FOR TAX RETURN PREPARERS. ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. Such disclosures shall-- ``(1) identify the amount of fees the tax return preparer charges for preparing a tax return, filing a tax return, submitting a claim for refund, executing a refund anticipation payment arrangement, or submitting other submissions related to this title or other laws or regulations administered by the Internal Revenue Service, ``(2) identify where on the website published by the Internal Revenue Service the average amount of time in which an individual who files a Federal income tax return can expect to receive a refund, ``(3) in the case of a refund anticipation payment arrangement involving a depository account not controlled by the person receiving tax return preparation services or a prospective person to receive such services, describe-- ``(A) the difference in days between the average amount of time by which a person receiving tax return preparation services or a prospective person to receive such services receives the tax refund (in whole or in part) from a refund anticipation payment arrangement, and ``(B) the average amount of time by which a person receiving tax return preparation services or a prospective person to receive such services who files a Federal income tax return electronically receives the tax refund deposited directly to that person's account by the taxing authority, ``(4) state that a refund anticipation payment arrangement is not necessary to receive a tax refund, ``(5) state that, if a person receiving tax return preparation services or a prospective person to receive such services does not receive a tax refund or the amount of the tax refund is less than the amount anticipated under the refund anticipation payment arrangement, the person receiving tax return preparation services or a prospective person to receive such services may be responsible for paying any fees and interest associated with a refund anticipation payment arrangement, and ``(6) include any such other disclosures not specified in the preceding paragraphs to carry out this section that the Secretary deems appropriate. ``(b) Refund Anticipation Payment Arrangement Defined.--For purposes of this section, the term `refund anticipation payment arrangement' means an arrangement under which, in exchange for Federal income tax preparation services, a consumer agrees to pay a fee or interest upon receipt of the consumer's tax refund to a tax return preparer, lender, or other affiliated lender by-- ``(1) requesting the Federal Government to deposit such tax refund, in whole or in part, directly into a depository account designated by either the consumer or the tax return preparer, lender, or other affiliated lender, or ``(2) directly paying the fee or interest to the tax return preparer, lender, or other affiliated lender.''. (b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. 6720D. FAILURE TO MEET DISCLOSURE REQUIREMENTS FOR TAX RETURN PREPARERS. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure. ``(b) Penalty in Addition to Other Penalties.--The penalty imposed by this section shall be in addition to any other penalty imposed by law.''. (c) Clerical Amendments.-- (1) The table of sections for subchapter B of chapter 68 of such Code is amended by inserting after the item related to section 6720C the following new item: ``Sec. 6720D. Failure to meet disclosure requirements for tax return preparers.''. (2) The table of sections for subchapter A of chapter 80 of such Code is amended by inserting after the item related to section 7812 the following new item: ``Sec. 7813. Disclosure requirements for tax return preparers.''. (d) Effective Date.--The amendments made by this section shall apply with respect to returns filed after December 31, 2021. <all>

A bill to regulate tax return preparers and refund anticipation payment arrangements.

A bill to regulate tax return preparers and refund anticipation payment arrangements.

Official Titles - Senate Official Title as Introduced A bill to regulate tax return preparers and refund anticipation payment arrangements.

Sen. Booker, Cory A.

D

NJ

This bill authorizes the Department of the Treasury to certify or decertify (for incompetence or willful misrepresentation) the practice of tax return preparers and impose fees on such preparers. It also authorizes Treasury to require tax return preparers to provide disclosures to person receiving tax return preparation services and regarding refund anticipation payment arrangements. Treasury may impose a penalty on tax return preparers who fail to make required disclosures.

REGULATION OF TAX RETURN PREPARERS. (a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. 330. ``(b) Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation of `enrolled agent', `EA', or `E.A.'. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(d) After notice and opportunity for a hearing to any appraiser, the Secretary may-- ``(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and ``(2) bar such appraiser from presenting evidence or testimony in any such proceeding. 2. CLARIFYING AUTHORITY TO IMPOSE CIVIL PENALTIES FOR IMPROPER DISCLOSURES. SEC. 3. REGULATION OF REFUND ANTICIPATION PAYMENT INSTRUMENTS. (a) Disclosure Requirements for Tax Return Preparers.--Subchapter A of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. ``(b) Refund Anticipation Payment Arrangement Defined.--For purposes of this section, the term `refund anticipation payment arrangement' means an arrangement under which, in exchange for Federal income tax preparation services, a consumer agrees to pay a fee or interest upon receipt of the consumer's tax refund to a tax return preparer, lender, or other affiliated lender by-- ``(1) requesting the Federal Government to deposit such tax refund, in whole or in part, directly into a depository account designated by either the consumer or the tax return preparer, lender, or other affiliated lender, or ``(2) directly paying the fee or interest to the tax return preparer, lender, or other affiliated lender.''. FAILURE TO MEET DISCLOSURE REQUIREMENTS FOR TAX RETURN PREPARERS. ``(b) Penalty in Addition to Other Penalties.--The penalty imposed by this section shall be in addition to any other penalty imposed by law.''. (c) Clerical Amendments.-- (1) The table of sections for subchapter B of chapter 68 of such Code is amended by inserting after the item related to section 6720C the following new item: ``Sec. 6720D. 7813.

REGULATION OF TAX RETURN PREPARERS. (a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. 330. ``(b) Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation of `enrolled agent', `EA', or `E.A.'. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. 2. CLARIFYING AUTHORITY TO IMPOSE CIVIL PENALTIES FOR IMPROPER DISCLOSURES. SEC. 3. REGULATION OF REFUND ANTICIPATION PAYMENT INSTRUMENTS. (a) Disclosure Requirements for Tax Return Preparers.--Subchapter A of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. ``(b) Refund Anticipation Payment Arrangement Defined.--For purposes of this section, the term `refund anticipation payment arrangement' means an arrangement under which, in exchange for Federal income tax preparation services, a consumer agrees to pay a fee or interest upon receipt of the consumer's tax refund to a tax return preparer, lender, or other affiliated lender by-- ``(1) requesting the Federal Government to deposit such tax refund, in whole or in part, directly into a depository account designated by either the consumer or the tax return preparer, lender, or other affiliated lender, or ``(2) directly paying the fee or interest to the tax return preparer, lender, or other affiliated lender.''. ``(b) Penalty in Addition to Other Penalties.--The penalty imposed by this section shall be in addition to any other penalty imposed by law.''. (c) Clerical Amendments.-- (1) The table of sections for subchapter B of chapter 68 of such Code is amended by inserting after the item related to section 6720C the following new item: ``Sec. 6720D. 7813.

REGULATION OF TAX RETURN PREPARERS. (a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. 330. ``(b) Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation of `enrolled agent', `EA', or `E.A.'. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(d) After notice and opportunity for a hearing to any appraiser, the Secretary may-- ``(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and ``(2) bar such appraiser from presenting evidence or testimony in any such proceeding. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(2) In addition to paragraph (1), the Commissioner of Internal Revenue may impose an annual fee necessary for any competency testing and training required for licensure and certification under this section. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. 2. CLARIFYING AUTHORITY TO IMPOSE CIVIL PENALTIES FOR IMPROPER DISCLOSURES. SEC. 3. REGULATION OF REFUND ANTICIPATION PAYMENT INSTRUMENTS. (a) Disclosure Requirements for Tax Return Preparers.--Subchapter A of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. ``(b) Refund Anticipation Payment Arrangement Defined.--For purposes of this section, the term `refund anticipation payment arrangement' means an arrangement under which, in exchange for Federal income tax preparation services, a consumer agrees to pay a fee or interest upon receipt of the consumer's tax refund to a tax return preparer, lender, or other affiliated lender by-- ``(1) requesting the Federal Government to deposit such tax refund, in whole or in part, directly into a depository account designated by either the consumer or the tax return preparer, lender, or other affiliated lender, or ``(2) directly paying the fee or interest to the tax return preparer, lender, or other affiliated lender.''. FAILURE TO MEET DISCLOSURE REQUIREMENTS FOR TAX RETURN PREPARERS. ``(b) Penalty in Addition to Other Penalties.--The penalty imposed by this section shall be in addition to any other penalty imposed by law.''. (c) Clerical Amendments.-- (1) The table of sections for subchapter B of chapter 68 of such Code is amended by inserting after the item related to section 6720C the following new item: ``Sec. 6720D. 7813. (d) Effective Date.--The amendments made by this section shall apply with respect to returns filed after December 31, 2021.

REGULATION OF TAX RETURN PREPARERS. (a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. 330. ``(b) Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation of `enrolled agent', `EA', or `E.A.'. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(d) After notice and opportunity for a hearing to any appraiser, the Secretary may-- ``(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and ``(2) bar such appraiser from presenting evidence or testimony in any such proceeding. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(2) In addition to paragraph (1), the Commissioner of Internal Revenue may impose an annual fee necessary for any competency testing and training required for licensure and certification under this section. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. 2. CLARIFYING AUTHORITY TO IMPOSE CIVIL PENALTIES FOR IMPROPER DISCLOSURES. SEC. 3. REGULATION OF REFUND ANTICIPATION PAYMENT INSTRUMENTS. (a) Disclosure Requirements for Tax Return Preparers.--Subchapter A of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. Such disclosures shall-- ``(1) identify the amount of fees the tax return preparer charges for preparing a tax return, filing a tax return, submitting a claim for refund, executing a refund anticipation payment arrangement, or submitting other submissions related to this title or other laws or regulations administered by the Internal Revenue Service, ``(2) identify where on the website published by the Internal Revenue Service the average amount of time in which an individual who files a Federal income tax return can expect to receive a refund, ``(3) in the case of a refund anticipation payment arrangement involving a depository account not controlled by the person receiving tax return preparation services or a prospective person to receive such services, describe-- ``(A) the difference in days between the average amount of time by which a person receiving tax return preparation services or a prospective person to receive such services receives the tax refund (in whole or in part) from a refund anticipation payment arrangement, and ``(B) the average amount of time by which a person receiving tax return preparation services or a prospective person to receive such services who files a Federal income tax return electronically receives the tax refund deposited directly to that person's account by the taxing authority, ``(4) state that a refund anticipation payment arrangement is not necessary to receive a tax refund, ``(5) state that, if a person receiving tax return preparation services or a prospective person to receive such services does not receive a tax refund or the amount of the tax refund is less than the amount anticipated under the refund anticipation payment arrangement, the person receiving tax return preparation services or a prospective person to receive such services may be responsible for paying any fees and interest associated with a refund anticipation payment arrangement, and ``(6) include any such other disclosures not specified in the preceding paragraphs to carry out this section that the Secretary deems appropriate. ``(b) Refund Anticipation Payment Arrangement Defined.--For purposes of this section, the term `refund anticipation payment arrangement' means an arrangement under which, in exchange for Federal income tax preparation services, a consumer agrees to pay a fee or interest upon receipt of the consumer's tax refund to a tax return preparer, lender, or other affiliated lender by-- ``(1) requesting the Federal Government to deposit such tax refund, in whole or in part, directly into a depository account designated by either the consumer or the tax return preparer, lender, or other affiliated lender, or ``(2) directly paying the fee or interest to the tax return preparer, lender, or other affiliated lender.''. FAILURE TO MEET DISCLOSURE REQUIREMENTS FOR TAX RETURN PREPARERS. ``(b) Penalty in Addition to Other Penalties.--The penalty imposed by this section shall be in addition to any other penalty imposed by law.''. (c) Clerical Amendments.-- (1) The table of sections for subchapter B of chapter 68 of such Code is amended by inserting after the item related to section 6720C the following new item: ``Sec. 6720D. 7813. (d) Effective Date.--The amendments made by this section shall apply with respect to returns filed after December 31, 2021.

To regulate tax return preparers and refund anticipation payment arrangements. a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(d) After notice and opportunity for a hearing to any appraiser, the Secretary may-- ``(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and ``(2) bar such appraiser from presenting evidence or testimony in any such proceeding. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure. (2) The table of sections for subchapter A of chapter 80 of such Code is amended by inserting after the item related to section 7812 the following new item: ``Sec. Disclosure requirements for tax return preparers.''. (

To regulate tax return preparers and refund anticipation payment arrangements. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure.

To regulate tax return preparers and refund anticipation payment arrangements. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure.

To regulate tax return preparers and refund anticipation payment arrangements. a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(d) After notice and opportunity for a hearing to any appraiser, the Secretary may-- ``(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and ``(2) bar such appraiser from presenting evidence or testimony in any such proceeding. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure. (2) The table of sections for subchapter A of chapter 80 of such Code is amended by inserting after the item related to section 7812 the following new item: ``Sec. Disclosure requirements for tax return preparers.''. (

To regulate tax return preparers and refund anticipation payment arrangements. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure.

To regulate tax return preparers and refund anticipation payment arrangements. a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(d) After notice and opportunity for a hearing to any appraiser, the Secretary may-- ``(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and ``(2) bar such appraiser from presenting evidence or testimony in any such proceeding. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure. (2) The table of sections for subchapter A of chapter 80 of such Code is amended by inserting after the item related to section 7812 the following new item: ``Sec. Disclosure requirements for tax return preparers.''. (

To regulate tax return preparers and refund anticipation payment arrangements. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure.

To regulate tax return preparers and refund anticipation payment arrangements. a) In General.--Section 330 of title 31, United States Code, is amended to read as follows: ``Sec. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(d) After notice and opportunity for a hearing to any appraiser, the Secretary may-- ``(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and ``(2) bar such appraiser from presenting evidence or testimony in any such proceeding. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure. (2) The table of sections for subchapter A of chapter 80 of such Code is amended by inserting after the item related to section 7812 the following new item: ``Sec. Disclosure requirements for tax return preparers.''. (

To regulate tax return preparers and refund anticipation payment arrangements. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(g) For purposes of this section-- ``(1) the term `tax return preparer' has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; ``(2) the term `tax return' has the meaning given to the term `return' under section 6696(e)(1) of such Code; and ``(3) the term `claim for refund' has the meaning given such term under section 6696(e)(2) of such Code.''. ( ``(a) In General.--The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. b) Failure To Disclose.--Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: ``SEC. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure.

To regulate tax return preparers and refund anticipation payment arrangements. ``(c)(1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)-- ``(A) suspend or disbar from practice before the Department a representative; ``(B) decertify a tax return preparer; or ``(C) censure a representative or tax return preparer. ``(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. ``(a) General Rule.--If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure. (2) The table of sections for subchapter A of chapter 80 of such Code is amended by inserting after the item related to section 7812 the following new item: ``Sec. Disclosure requirements for tax return preparers.''. (

Amends the Internal Revenue Code to authorize the Secretary of the Treasury to: (1) regulate the practice of representatives of persons before the Department of Treasury through licensure; (2) certify the practice and qualifications of tax return preparers; and (3) impose monetary penalties on such preparers. (Currently, the Secretary may only regulate tax preparers who are properly licensed.) Amends the Internal Revenue Code to: (1) impose a penalty of up to $1,000 per failure to disclose certain information regarding tax return preparation services; and (2) require a tax return preparer to include on his or her tax return a statement that the tax preparer has not paid the refund anticipation payment arrangement fee or interest. (Currently, a refund anticipation arrangement

H.R.3566

Transportation and Public Works

National and Regional Greenways Act This bill requires the Department of Transportation (DOT) to establish a grant program for states, localities, and tribes to support community greenway paths for walking, bicycling, and other motor vehicle alternatives. DOT must designate eligible greenway paths that are considered regionally or nationally significant through a national greenway paths network; paths must cross multiple localities or states, reduce congestion, improve safety, benefit the environment, support communities, or meet other specified criteria. Eligible projects must support access to public parks, transportation, and other community needs.

To direct the Secretary of Transportation to carry out a program to make grants for the improvement or construction of regionally or nationally significant greenway paths, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National and Regional Greenways Act''. SEC. 2. NATIONAL AND REGIONAL GREENWAYS PROGRAM. (a) In General.--The Secretary shall carry out a program to make grants, on a competitive basis, to eligible organizations to improve or construct safe and connected greenway paths between communities that are designated as regionally or nationally significant by the Secretary under subsection (b). (b) Regionally or Nationally Significant Greenway Paths.--In carrying out the program under this section, the Secretary shall establish a national greenway paths network. The national greenway paths network shall contain regionally or nationally significant greenway paths designated by the Secretary that-- (1) cross multiple local jurisdictions or State lines; (2) reduce congestion and single-occupant vehicle trips, improve safety and access to jobs, and lower emissions for criteria pollutants (NOx, VOC, PM) and greenhouse gases; (3) support community goals and objectives in areas covered by metropolitan planning organizations; or (4) meet any other criteria the Secretary determines appropriate. (c) Application.-- (1) In general.--To receive a grant under this section, an eligible organization shall submit to the Secretary an application in such manner and containing such information as the Secretary may require. (2) Eligible projects partially on federal land.--With respect to an application for eligible greenway projects that are located in part on Federal lands, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to be eligible for a grant under this section. (d) Application Considerations.--In making a grant for construction of a greenway path under this section, the Secretary shall consider the following: (1) Whether the proposed eligible greenway project is likely to provide substantial additional opportunities for walking and bicycling, including by-- (A) creating greenway paths connecting multiple communities, counties, metropolitan regions, or States; (B) integrating greenway paths with transit services, where available, to improve access to public transportation; and (C) integrating greenway paths with existing parks, recreation or scenic areas, adjacent waterways, or transportation corridors. (2) Whether the eligible organization proposing a project demonstrates broad community support through-- (A) prior public input in the development of a plan for the proposed project; and (B) the commitment of any project sponsors and community leaders, including elected officials in the jurisdiction in which such project is located, partner organization leaders, and private or nongovernmental organizations in the area in which such project is located, to the success and timely implementation of an eligible greenway project. (3) The extent to which the eligible organization provides evidence of commitment to traffic safety, regulations, financial incentives, or community design policies that facilitate significant increases in walking and bicycling. (4) The extent to which the eligible organization demonstrates commitment of State, local, or eligible Federal matching funds, and land or in-kind contributions, in addition to the local match required under subsection (g)(1), unless the applicant qualifies for an exception under subsection (g)(2). (5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to schools, jobs, services, transit, or recreational opportunities for low-income communities and communities of color. (6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to schools, jobs and transit, accessibility to national, State, or local parks, economic competitiveness, environmental protection, and quality of life. (e) Use of Funds.-- (1) Planning and design grants.--Each fiscal year, the Secretary shall set aside not less than $3,000,000 from the funds made available to carry out this section to provide planning grants for eligible organizations to develop a local or regional greenways and paths plan. (2) Administrative costs.--Each fiscal year, the Secretary shall set aside not more than $2,000,000 of the funds made available to carry out this section to cover the costs of administration, research, technical assistance, communications, and training activities under the program. (f) Grant Timing.-- (1) Request for application.--Not later than 30 days after funds are made available to carry out this section, the Secretary shall publish in the Federal Register a request for applications for grants under this section. (2) Selection of grant recipients.--Not later than 150 days after funds are made available to carry out this section, the Secretary shall select grant recipients for grants under this section. (g) Federal Share.-- (1) In general.--Except as provided in paragraph (2), the Federal share of the cost of a project under this section shall not exceed 80 percent of the total project cost. (2) Exceptions.-- (A) Disadvantage communities.--For projects serving communities with a poverty rate of over 40 percent based on the majority of census tracts served by such project, the Secretary may increase the Federal share of the cost of a project under this section to 100 percent of the total project cost. (B) Rural areas.--For projects serving rural areas, as such term is defined in section 101 of title 23, United States Code, the Federal share of the cost of a project under this section shall be 90 percent of the total project cost. (h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (2) Final report.--Not later than September 30, 2025, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (3) Report information.--A report submitted under this subsection shall contain the following: (A) A list of grants made under this section. (B) Best practices of recipients in implementing projects funded under this section. (C) Impediments experienced by recipients of grants under this section in planning for and delivering projects under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $250,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (j) Definitions.--In this Act: (1) Active transportation.--The term ``active transportation'' means alternative methods of transportation to motor vehicles, including walking, bicyling, or utilizing assistive mobility or micro mobility devices. (2) Greenway path.--The term ``greenway path'' means a hard-surfaced or wheelchair-accessible facility built for active transportation, including a sidewalk, bikeway, or pedestrian path that connects communities, cities, counties, metropolitan regions, or States. (3) Community.--The term ``community'' means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions. (4) Eligible organization.--The term ``eligible organization'' means-- (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multi-county special district; (C) a State; (D) a multi-State group of governments; and (E) an Indian Tribe. (5) Eligible greenway project.--The term ``eligible greenway project'' means an active transportation project, or group of projects-- (A) that is designated as a regionally or nationally significant greenway path under subsection (b); (B) within or between a community or group of communities, at least one of which falls within the jurisdiction of an eligible organization, which has submitted an application under this section; (C) that has-- (i) a total cost of not less than $15,000,000; or (ii) with respect to planning and design grants, planning and design costs of not less than $100,000; (D) that construct path segments that close local or regional network gaps or are located within underserved areas; (E) that support an accessible public realm, connect to public transportation, support opportunities for economic development, or promote health and safety; and (F) that connect communities to public spaces and parks, enhance ecological connectivity, support land conservation and access, or support sites for remediation and restoration. (6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (8) Total project cost.--The term ``total project cost'' means the sum total of all costs incurred in the development of a project that are approved by the Secretary as reasonable and necessary, including-- (A) the cost of acquiring real property; (B) the cost of site preparation, demolition, and development; (C) expenses related to the issuance of bonds or notes; (D) fees in connection with the planning, execution, and financing of the project; (E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessment costs; (F) the cost of construction, rehabilitation, reconstruction, and equipping the project; (G) the cost of land improvements; (H) contractor fees; (I) the cost of training and education related to the safety of users of any greenway path constructed as part of an eligible greenway project; and (J) any other cost that the Secretary determines is necessary and reasonable. <all>

National and Regional Greenways Act

To direct the Secretary of Transportation to carry out a program to make grants for the improvement or construction of regionally or nationally significant greenway paths, and for other purposes.

National and Regional Greenways Act

Rep. Bourdeaux, Carolyn

D

GA

This bill requires the Department of Transportation (DOT) to establish a grant program for states, localities, and tribes to support community greenway paths for walking, bicycling, and other motor vehicle alternatives. DOT must designate eligible greenway paths that are considered regionally or nationally significant through a national greenway paths network; paths must cross multiple localities or states, reduce congestion, improve safety, benefit the environment, support communities, or meet other specified criteria. Eligible projects must support access to public parks, transportation, and other community needs.

SHORT TITLE. 2. NATIONAL AND REGIONAL GREENWAYS PROGRAM. (2) Eligible projects partially on federal land.--With respect to an application for eligible greenway projects that are located in part on Federal lands, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to be eligible for a grant under this section. (3) The extent to which the eligible organization provides evidence of commitment to traffic safety, regulations, financial incentives, or community design policies that facilitate significant increases in walking and bicycling. (6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to schools, jobs and transit, accessibility to national, State, or local parks, economic competitiveness, environmental protection, and quality of life. (h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (3) Report information.--A report submitted under this subsection shall contain the following: (A) A list of grants made under this section. (C) Impediments experienced by recipients of grants under this section in planning for and delivering projects under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $250,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (3) Community.--The term ``community'' means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions. (6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (8) Total project cost.--The term ``total project cost'' means the sum total of all costs incurred in the development of a project that are approved by the Secretary as reasonable and necessary, including-- (A) the cost of acquiring real property; (B) the cost of site preparation, demolition, and development; (C) expenses related to the issuance of bonds or notes; (D) fees in connection with the planning, execution, and financing of the project; (E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessment costs; (F) the cost of construction, rehabilitation, reconstruction, and equipping the project; (G) the cost of land improvements; (H) contractor fees; (I) the cost of training and education related to the safety of users of any greenway path constructed as part of an eligible greenway project; and (J) any other cost that the Secretary determines is necessary and reasonable.

2. NATIONAL AND REGIONAL GREENWAYS PROGRAM. (2) Eligible projects partially on federal land.--With respect to an application for eligible greenway projects that are located in part on Federal lands, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to be eligible for a grant under this section. (6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to schools, jobs and transit, accessibility to national, State, or local parks, economic competitiveness, environmental protection, and quality of life. (h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (C) Impediments experienced by recipients of grants under this section in planning for and delivering projects under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $250,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (3) Community.--The term ``community'' means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions. (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (8) Total project cost.--The term ``total project cost'' means the sum total of all costs incurred in the development of a project that are approved by the Secretary as reasonable and necessary, including-- (A) the cost of acquiring real property; (B) the cost of site preparation, demolition, and development; (C) expenses related to the issuance of bonds or notes; (D) fees in connection with the planning, execution, and financing of the project; (E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessment costs; (F) the cost of construction, rehabilitation, reconstruction, and equipping the project; (G) the cost of land improvements; (H) contractor fees; (I) the cost of training and education related to the safety of users of any greenway path constructed as part of an eligible greenway project; and (J) any other cost that the Secretary determines is necessary and reasonable.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. NATIONAL AND REGIONAL GREENWAYS PROGRAM. (2) Eligible projects partially on federal land.--With respect to an application for eligible greenway projects that are located in part on Federal lands, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to be eligible for a grant under this section. (3) The extent to which the eligible organization provides evidence of commitment to traffic safety, regulations, financial incentives, or community design policies that facilitate significant increases in walking and bicycling. (5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to schools, jobs, services, transit, or recreational opportunities for low-income communities and communities of color. (6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to schools, jobs and transit, accessibility to national, State, or local parks, economic competitiveness, environmental protection, and quality of life. (g) Federal Share.-- (1) In general.--Except as provided in paragraph (2), the Federal share of the cost of a project under this section shall not exceed 80 percent of the total project cost. (h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (3) Report information.--A report submitted under this subsection shall contain the following: (A) A list of grants made under this section. (C) Impediments experienced by recipients of grants under this section in planning for and delivering projects under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $250,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (2) Greenway path.--The term ``greenway path'' means a hard-surfaced or wheelchair-accessible facility built for active transportation, including a sidewalk, bikeway, or pedestrian path that connects communities, cities, counties, metropolitan regions, or States. (3) Community.--The term ``community'' means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions. (5) Eligible greenway project.--The term ``eligible greenway project'' means an active transportation project, or group of projects-- (A) that is designated as a regionally or nationally significant greenway path under subsection (b); (B) within or between a community or group of communities, at least one of which falls within the jurisdiction of an eligible organization, which has submitted an application under this section; (C) that has-- (i) a total cost of not less than $15,000,000; or (ii) with respect to planning and design grants, planning and design costs of not less than $100,000; (D) that construct path segments that close local or regional network gaps or are located within underserved areas; (E) that support an accessible public realm, connect to public transportation, support opportunities for economic development, or promote health and safety; and (F) that connect communities to public spaces and parks, enhance ecological connectivity, support land conservation and access, or support sites for remediation and restoration. (6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (8) Total project cost.--The term ``total project cost'' means the sum total of all costs incurred in the development of a project that are approved by the Secretary as reasonable and necessary, including-- (A) the cost of acquiring real property; (B) the cost of site preparation, demolition, and development; (C) expenses related to the issuance of bonds or notes; (D) fees in connection with the planning, execution, and financing of the project; (E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessment costs; (F) the cost of construction, rehabilitation, reconstruction, and equipping the project; (G) the cost of land improvements; (H) contractor fees; (I) the cost of training and education related to the safety of users of any greenway path constructed as part of an eligible greenway project; and (J) any other cost that the Secretary determines is necessary and reasonable.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. NATIONAL AND REGIONAL GREENWAYS PROGRAM. The national greenway paths network shall contain regionally or nationally significant greenway paths designated by the Secretary that-- (1) cross multiple local jurisdictions or State lines; (2) reduce congestion and single-occupant vehicle trips, improve safety and access to jobs, and lower emissions for criteria pollutants (NOx, VOC, PM) and greenhouse gases; (3) support community goals and objectives in areas covered by metropolitan planning organizations; or (4) meet any other criteria the Secretary determines appropriate. (2) Eligible projects partially on federal land.--With respect to an application for eligible greenway projects that are located in part on Federal lands, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to be eligible for a grant under this section. (2) Whether the eligible organization proposing a project demonstrates broad community support through-- (A) prior public input in the development of a plan for the proposed project; and (B) the commitment of any project sponsors and community leaders, including elected officials in the jurisdiction in which such project is located, partner organization leaders, and private or nongovernmental organizations in the area in which such project is located, to the success and timely implementation of an eligible greenway project. (3) The extent to which the eligible organization provides evidence of commitment to traffic safety, regulations, financial incentives, or community design policies that facilitate significant increases in walking and bicycling. (5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to schools, jobs, services, transit, or recreational opportunities for low-income communities and communities of color. (6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to schools, jobs and transit, accessibility to national, State, or local parks, economic competitiveness, environmental protection, and quality of life. (f) Grant Timing.-- (1) Request for application.--Not later than 30 days after funds are made available to carry out this section, the Secretary shall publish in the Federal Register a request for applications for grants under this section. (g) Federal Share.-- (1) In general.--Except as provided in paragraph (2), the Federal share of the cost of a project under this section shall not exceed 80 percent of the total project cost. (h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (3) Report information.--A report submitted under this subsection shall contain the following: (A) A list of grants made under this section. (B) Best practices of recipients in implementing projects funded under this section. (C) Impediments experienced by recipients of grants under this section in planning for and delivering projects under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $250,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (j) Definitions.--In this Act: (1) Active transportation.--The term ``active transportation'' means alternative methods of transportation to motor vehicles, including walking, bicyling, or utilizing assistive mobility or micro mobility devices. (2) Greenway path.--The term ``greenway path'' means a hard-surfaced or wheelchair-accessible facility built for active transportation, including a sidewalk, bikeway, or pedestrian path that connects communities, cities, counties, metropolitan regions, or States. (3) Community.--The term ``community'' means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions. (5) Eligible greenway project.--The term ``eligible greenway project'' means an active transportation project, or group of projects-- (A) that is designated as a regionally or nationally significant greenway path under subsection (b); (B) within or between a community or group of communities, at least one of which falls within the jurisdiction of an eligible organization, which has submitted an application under this section; (C) that has-- (i) a total cost of not less than $15,000,000; or (ii) with respect to planning and design grants, planning and design costs of not less than $100,000; (D) that construct path segments that close local or regional network gaps or are located within underserved areas; (E) that support an accessible public realm, connect to public transportation, support opportunities for economic development, or promote health and safety; and (F) that connect communities to public spaces and parks, enhance ecological connectivity, support land conservation and access, or support sites for remediation and restoration. (6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (8) Total project cost.--The term ``total project cost'' means the sum total of all costs incurred in the development of a project that are approved by the Secretary as reasonable and necessary, including-- (A) the cost of acquiring real property; (B) the cost of site preparation, demolition, and development; (C) expenses related to the issuance of bonds or notes; (D) fees in connection with the planning, execution, and financing of the project; (E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessment costs; (F) the cost of construction, rehabilitation, reconstruction, and equipping the project; (G) the cost of land improvements; (H) contractor fees; (I) the cost of training and education related to the safety of users of any greenway path constructed as part of an eligible greenway project; and (J) any other cost that the Secretary determines is necessary and reasonable.

To direct the Secretary of Transportation to carry out a program to make grants for the improvement or construction of regionally or nationally significant greenway paths, and for other purposes. b) Regionally or Nationally Significant Greenway Paths.--In carrying out the program under this section, the Secretary shall establish a national greenway paths network. (2) Eligible projects partially on federal land.--With respect to an application for eligible greenway projects that are located in part on Federal lands, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to be eligible for a grant under this section. ( 2) Whether the eligible organization proposing a project demonstrates broad community support through-- (A) prior public input in the development of a plan for the proposed project; and (B) the commitment of any project sponsors and community leaders, including elected officials in the jurisdiction in which such project is located, partner organization leaders, and private or nongovernmental organizations in the area in which such project is located, to the success and timely implementation of an eligible greenway project. ( (4) The extent to which the eligible organization demonstrates commitment of State, local, or eligible Federal matching funds, and land or in-kind contributions, in addition to the local match required under subsection (g)(1), unless the applicant qualifies for an exception under subsection (g)(2). ( e) Use of Funds.-- (1) Planning and design grants.--Each fiscal year, the Secretary shall set aside not less than $3,000,000 from the funds made available to carry out this section to provide planning grants for eligible organizations to develop a local or regional greenways and paths plan. ( (f) Grant Timing.-- (1) Request for application.--Not later than 30 days after funds are made available to carry out this section, the Secretary shall publish in the Federal Register a request for applications for grants under this section. ( h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). ( (3) Report information.--A report submitted under this subsection shall contain the following: (A) A list of grants made under this section. ( 4) Eligible organization.--The term ``eligible organization'' means-- (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multi-county special district; (C) a State; (D) a multi-State group of governments; and (E) an Indian Tribe. 6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). ( 7) Secretary.--The term ``Secretary'' means the Secretary of Transportation.

To direct the Secretary of Transportation to carry out a program to make grants for the improvement or construction of regionally or nationally significant greenway paths, and for other purposes. b) Regionally or Nationally Significant Greenway Paths.--In carrying out the program under this section, the Secretary shall establish a national greenway paths network. 2) Whether the eligible organization proposing a project demonstrates broad community support through-- (A) prior public input in the development of a plan for the proposed project; and (B) the commitment of any project sponsors and community leaders, including elected officials in the jurisdiction in which such project is located, partner organization leaders, and private or nongovernmental organizations in the area in which such project is located, to the success and timely implementation of an eligible greenway project. ( 5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to schools, jobs, services, transit, or recreational opportunities for low-income communities and communities of color. ( (e) Use of Funds.-- (1) Planning and design grants.--Each fiscal year, the Secretary shall set aside not less than $3,000,000 from the funds made available to carry out this section to provide planning grants for eligible organizations to develop a local or regional greenways and paths plan. ( h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). ( (B) Best practices of recipients in implementing projects funded under this section. ( 4) Eligible organization.--The term ``eligible organization'' means-- (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multi-county special district; (C) a State; (D) a multi-State group of governments; and (E) an Indian Tribe. ( (6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). ( 7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (

To direct the Secretary of Transportation to carry out a program to make grants for the improvement or construction of regionally or nationally significant greenway paths, and for other purposes. b) Regionally or Nationally Significant Greenway Paths.--In carrying out the program under this section, the Secretary shall establish a national greenway paths network. 2) Whether the eligible organization proposing a project demonstrates broad community support through-- (A) prior public input in the development of a plan for the proposed project; and (B) the commitment of any project sponsors and community leaders, including elected officials in the jurisdiction in which such project is located, partner organization leaders, and private or nongovernmental organizations in the area in which such project is located, to the success and timely implementation of an eligible greenway project. ( 5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to schools, jobs, services, transit, or recreational opportunities for low-income communities and communities of color. ( (e) Use of Funds.-- (1) Planning and design grants.--Each fiscal year, the Secretary shall set aside not less than $3,000,000 from the funds made available to carry out this section to provide planning grants for eligible organizations to develop a local or regional greenways and paths plan. ( h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). ( (B) Best practices of recipients in implementing projects funded under this section. ( 4) Eligible organization.--The term ``eligible organization'' means-- (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multi-county special district; (C) a State; (D) a multi-State group of governments; and (E) an Indian Tribe. ( (6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). ( 7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (

To direct the Secretary of Transportation to carry out a program to make grants for the improvement or construction of regionally or nationally significant greenway paths, and for other purposes. b) Regionally or Nationally Significant Greenway Paths.--In carrying out the program under this section, the Secretary shall establish a national greenway paths network. (2) Eligible projects partially on federal land.--With respect to an application for eligible greenway projects that are located in part on Federal lands, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to be eligible for a grant under this section. ( 2) Whether the eligible organization proposing a project demonstrates broad community support through-- (A) prior public input in the development of a plan for the proposed project; and (B) the commitment of any project sponsors and community leaders, including elected officials in the jurisdiction in which such project is located, partner organization leaders, and private or nongovernmental organizations in the area in which such project is located, to the success and timely implementation of an eligible greenway project. ( (4) The extent to which the eligible organization demonstrates commitment of State, local, or eligible Federal matching funds, and land or in-kind contributions, in addition to the local match required under subsection (g)(1), unless the applicant qualifies for an exception under subsection (g)(2). ( e) Use of Funds.-- (1) Planning and design grants.--Each fiscal year, the Secretary shall set aside not less than $3,000,000 from the funds made available to carry out this section to provide planning grants for eligible organizations to develop a local or regional greenways and paths plan. ( (f) Grant Timing.-- (1) Request for application.--Not later than 30 days after funds are made available to carry out this section, the Secretary shall publish in the Federal Register a request for applications for grants under this section. ( h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). ( (3) Report information.--A report submitted under this subsection shall contain the following: (A) A list of grants made under this section. ( 4) Eligible organization.--The term ``eligible organization'' means-- (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multi-county special district; (C) a State; (D) a multi-State group of governments; and (E) an Indian Tribe. 6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). ( 7) Secretary.--The term ``Secretary'' means the Secretary of Transportation.

To direct the Secretary of Transportation to carry out a program to make grants for the improvement or construction of regionally or nationally significant greenway paths, and for other purposes. b) Regionally or Nationally Significant Greenway Paths.--In carrying out the program under this section, the Secretary shall establish a national greenway paths network. 2) Whether the eligible organization proposing a project demonstrates broad community support through-- (A) prior public input in the development of a plan for the proposed project; and (B) the commitment of any project sponsors and community leaders, including elected officials in the jurisdiction in which such project is located, partner organization leaders, and private or nongovernmental organizations in the area in which such project is located, to the success and timely implementation of an eligible greenway project. ( 5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to schools, jobs, services, transit, or recreational opportunities for low-income communities and communities of color. ( (e) Use of Funds.-- (1) Planning and design grants.--Each fiscal year, the Secretary shall set aside not less than $3,000,000 from the funds made available to carry out this section to provide planning grants for eligible organizations to develop a local or regional greenways and paths plan. ( h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). ( (B) Best practices of recipients in implementing projects funded under this section. ( 4) Eligible organization.--The term ``eligible organization'' means-- (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multi-county special district; (C) a State; (D) a multi-State group of governments; and (E) an Indian Tribe. ( (6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). ( 7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (

To direct the Secretary of Transportation to carry out a program to make grants for the improvement or construction of regionally or nationally significant greenway paths, and for other purposes. b) Regionally or Nationally Significant Greenway Paths.--In carrying out the program under this section, the Secretary shall establish a national greenway paths network. (2) Eligible projects partially on federal land.--With respect to an application for eligible greenway projects that are located in part on Federal lands, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to be eligible for a grant under this section. ( 2) Whether the eligible organization proposing a project demonstrates broad community support through-- (A) prior public input in the development of a plan for the proposed project; and (B) the commitment of any project sponsors and community leaders, including elected officials in the jurisdiction in which such project is located, partner organization leaders, and private or nongovernmental organizations in the area in which such project is located, to the success and timely implementation of an eligible greenway project. ( (4) The extent to which the eligible organization demonstrates commitment of State, local, or eligible Federal matching funds, and land or in-kind contributions, in addition to the local match required under subsection (g)(1), unless the applicant qualifies for an exception under subsection (g)(2). ( e) Use of Funds.-- (1) Planning and design grants.--Each fiscal year, the Secretary shall set aside not less than $3,000,000 from the funds made available to carry out this section to provide planning grants for eligible organizations to develop a local or regional greenways and paths plan. ( (f) Grant Timing.-- (1) Request for application.--Not later than 30 days after funds are made available to carry out this section, the Secretary shall publish in the Federal Register a request for applications for grants under this section. ( h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). ( (3) Report information.--A report submitted under this subsection shall contain the following: (A) A list of grants made under this section. ( 4) Eligible organization.--The term ``eligible organization'' means-- (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multi-county special district; (C) a State; (D) a multi-State group of governments; and (E) an Indian Tribe. 6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). ( 7) Secretary.--The term ``Secretary'' means the Secretary of Transportation.

To direct the Secretary of Transportation to carry out a program to make grants for the improvement or construction of regionally or nationally significant greenway paths, and for other purposes. b) Regionally or Nationally Significant Greenway Paths.--In carrying out the program under this section, the Secretary shall establish a national greenway paths network. 2) Whether the eligible organization proposing a project demonstrates broad community support through-- (A) prior public input in the development of a plan for the proposed project; and (B) the commitment of any project sponsors and community leaders, including elected officials in the jurisdiction in which such project is located, partner organization leaders, and private or nongovernmental organizations in the area in which such project is located, to the success and timely implementation of an eligible greenway project. ( 5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to schools, jobs, services, transit, or recreational opportunities for low-income communities and communities of color. ( (e) Use of Funds.-- (1) Planning and design grants.--Each fiscal year, the Secretary shall set aside not less than $3,000,000 from the funds made available to carry out this section to provide planning grants for eligible organizations to develop a local or regional greenways and paths plan. ( h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). ( (B) Best practices of recipients in implementing projects funded under this section. ( 4) Eligible organization.--The term ``eligible organization'' means-- (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multi-county special district; (C) a State; (D) a multi-State group of governments; and (E) an Indian Tribe. ( (6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). ( 7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (

To direct the Secretary of Transportation to carry out a program to make grants for the improvement or construction of regionally or nationally significant greenway paths, and for other purposes. b) Regionally or Nationally Significant Greenway Paths.--In carrying out the program under this section, the Secretary shall establish a national greenway paths network. (2) Eligible projects partially on federal land.--With respect to an application for eligible greenway projects that are located in part on Federal lands, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to be eligible for a grant under this section. ( 2) Whether the eligible organization proposing a project demonstrates broad community support through-- (A) prior public input in the development of a plan for the proposed project; and (B) the commitment of any project sponsors and community leaders, including elected officials in the jurisdiction in which such project is located, partner organization leaders, and private or nongovernmental organizations in the area in which such project is located, to the success and timely implementation of an eligible greenway project. ( (4) The extent to which the eligible organization demonstrates commitment of State, local, or eligible Federal matching funds, and land or in-kind contributions, in addition to the local match required under subsection (g)(1), unless the applicant qualifies for an exception under subsection (g)(2). ( e) Use of Funds.-- (1) Planning and design grants.--Each fiscal year, the Secretary shall set aside not less than $3,000,000 from the funds made available to carry out this section to provide planning grants for eligible organizations to develop a local or regional greenways and paths plan. ( (f) Grant Timing.-- (1) Request for application.--Not later than 30 days after funds are made available to carry out this section, the Secretary shall publish in the Federal Register a request for applications for grants under this section. ( h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). ( (3) Report information.--A report submitted under this subsection shall contain the following: (A) A list of grants made under this section. ( 4) Eligible organization.--The term ``eligible organization'' means-- (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multi-county special district; (C) a State; (D) a multi-State group of governments; and (E) an Indian Tribe. 6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). ( 7) Secretary.--The term ``Secretary'' means the Secretary of Transportation.

To direct the Secretary of Transportation to carry out a program to make grants for the improvement or construction of regionally or nationally significant greenway paths, and for other purposes. b) Regionally or Nationally Significant Greenway Paths.--In carrying out the program under this section, the Secretary shall establish a national greenway paths network. 2) Whether the eligible organization proposing a project demonstrates broad community support through-- (A) prior public input in the development of a plan for the proposed project; and (B) the commitment of any project sponsors and community leaders, including elected officials in the jurisdiction in which such project is located, partner organization leaders, and private or nongovernmental organizations in the area in which such project is located, to the success and timely implementation of an eligible greenway project. ( 5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to schools, jobs, services, transit, or recreational opportunities for low-income communities and communities of color. ( (e) Use of Funds.-- (1) Planning and design grants.--Each fiscal year, the Secretary shall set aside not less than $3,000,000 from the funds made available to carry out this section to provide planning grants for eligible organizations to develop a local or regional greenways and paths plan. ( h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). ( (B) Best practices of recipients in implementing projects funded under this section. ( 4) Eligible organization.--The term ``eligible organization'' means-- (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multi-county special district; (C) a State; (D) a multi-State group of governments; and (E) an Indian Tribe. ( (6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). ( 7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (

To direct the Secretary of Transportation to carry out a program to make grants for the improvement or construction of regionally or nationally significant greenway paths, and for other purposes. b) Regionally or Nationally Significant Greenway Paths.--In carrying out the program under this section, the Secretary shall establish a national greenway paths network. ( ( e) Use of Funds.-- (1) Planning and design grants.--Each fiscal year, the Secretary shall set aside not less than $3,000,000 from the funds made available to carry out this section to provide planning grants for eligible organizations to develop a local or regional greenways and paths plan. ( ( h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). ( (

National and Regional Greenways Act - Directs the Secretary of Transportation to establish a national greenway paths network. (Currently, the Secretary may make grants to eligible organizations to improve or construct safe and connected greenways between communities that are designated as regionally or nationally significant.) (Sec. 2) Requires the Secretary to: (1) establish a grant program to make grants for the improvement Authorizes appropriations for FY 2022 through 2026 to carry out this Act. (Sec. 2) This bill authorizes the Department of Transportation (DOT) to award grants to eligible organizations, states, local or regional governmental organizations, multi-county special districts, and Indian tribes for the development of active transportation projects. The bill defines "eligible greenway project" as an active

S.4169

Armed Forces and National Security

Expanding Veterans' Options for Long Term Care Act This bill requires the Department of Veterans Affairs (VA) to implement a three-year pilot program to assess the effectiveness of providing assisted living services to eligible veterans, including by assessing the satisfaction of veterans participating in the pilot program. Eligible veterans are those who (1) are eligible for assisted living services as determined by the VA; and (2) are already receiving nursing home level care paid for by the VA, are eligible for such care from the VA, or exceed the requirements for domiciliary care paid for by the VA but do not meet the requirements for nursing home level care paid for by the VA. The Inspector General of the VA must report to Congress on the pilot program, and the VA must submit a follow-up plan to address any deficiencies that are identified in the report.

To require the Secretary of Veterans Affairs to carry out a pilot program to provide assisted living services to eligible 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 ``Expanding Veterans' Options for Long Term Care Act''. SEC. 2. PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR VETERANS. (a) Program.-- (1) In general.--Beginning not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a three-year pilot program to assess-- (A) the effectiveness of providing assisted living services to eligible veterans, at the election of such veterans; and (B) the satisfaction with the pilot program of veterans participating in the pilot program. (2) Extension.--The Secretary may extend the duration of the pilot program under paragraph (1) for an additional three- year period if the Secretary, based on the results of the reports submitted under subsections (e) and (f), determines that it is appropriate to do so. (b) Program Locations.-- (1) Veterans integrated service networks.-- (A) In general.--The Secretary shall select not fewer than six Veterans Integrated Service Networks of the Department of Veterans Affairs at which to carry out the pilot program under subsection (a)(1). (B) Veterans receiving nursing home care.--The Secretary shall ensure that not fewer than three Veterans Integrated Service Networks selected under subparagraph (A) serve areas with the highest percentage of veterans who are currently receiving nursing home care through the Department and would be eligible to receive assisted living services under the pilot program. (2) Facilities.-- (A) In general.--Within each Veterans Integrated Service Network selected under paragraph (1), the Secretary shall select facilities at which to carry out the pilot program under subsection (a)(1). (B) Selection criteria.--In selecting facilities under subparagraph (A), the Secretary shall ensure that-- (i) the locations of such facilities are in geographically diverse areas; (ii) not fewer than two such facilities serve veterans in rural or highly rural areas (as determined through the use of the Rural- Urban Commuting Areas coding system of the Department of Agriculture); (iii) not fewer than one such facility is located in each Veterans Integrated Service Network selected under paragraph (1); and (iv) not fewer than two such facilities are State homes. (c) Provision of Assisted Living Services.-- (1) Agreements.--In carrying out the pilot program under subsection (a)(1), the Secretary may enter into agreements for the provision of assisted living services on behalf of eligible veterans with-- (A) a provider participating under a State plan or waiver under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); or (B) a State home recognized and certified under subpart B of part 51 of title 38, Code of Federal Regulations, or successor regulations. (2) Standards.--The Secretary may not place, transfer, or admit a veteran to any facility for assisted living services under the pilot program under subsection (a)(1) unless the Secretary determines that-- (A) the facility meets the standards for community residential care established under sections 17.61 through 17.72 of title 38, Code of Federal Regulations, or successor regulations, and any additional standards of care as the Secretary may specify; or (B) in the case of a facility that is a State home, the State home meets the standards for care established under subpart E of part 51 of title 38, Code of Federal Regulations, or successor regulations, and any additional standards of care as the Secretary may specify. (3) Inspection.--The Secretary shall inspect facilities at which veterans are placed under the pilot program under subsection (a)(1)-- (A) with respect to a facility that is a State home, not less frequently than annually and in the same manner as the Secretary conducts inspection of State homes under section 1742 of title 38, United States Code; and (B) with respect to any other facility, not less frequently than annually and in the same manner as the Secretary conducts inspection of facilities under section 1730 of such title. (4) Payment to certain facilities.-- (A) State homes.--In the case of a facility participating in the pilot program under subsection (a)(1) that is a State home, the Secretary shall pay to the State home a per diem for each veteran participating in the pilot program at the State home that is-- (i) greater than the per diem for domiciliary care at the State home, if applicable; and (ii) less than the per diem for nursing home care at the State home. (B) Community assisted living facilities.--In the case of a facility participating in the pilot program that is a community assisted living facility, the Secretary shall pay to the facility an amount that is less than the average rate paid by the Department for placement in a community nursing home in the same Veterans Integrated Service Network. (d) Continuity of Care.--Upon the termination of the pilot program under subsection (a)(1), the Secretary shall-- (1) provide to all veterans participating in the pilot program at the time of such termination the option to continue to receive assisted living services at the site they were assigned to under the pilot program, at the expense of the Department; and (2) for such veterans who do not opt to continue to receive such services-- (A) ensure such veterans do not experience lapses in care; and (B) provide such veterans with information on, and enroll participants in, other long-term care options based on their preferences and best medical interest. (e) Annual Report.-- (1) In general.--Not later than one year after the initiation of the pilot program under subsection (a)(1), and annually thereafter for each year in which the pilot program is carried out, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program, including-- (A) an identification of Veterans Integrated Services Networks and facilities of the Department participating in the pilot program and assisted living facilities and State homes at which veterans are placed under the pilot program; (B) the number of participants in the pilot program, disaggregated by facility; (C) general demographic information of participants in the pilot program, including average age, gender, and race or ethnicity; (D) disability status of participants in the pilot program; (E) an identification of any barriers or challenges to enrolling veterans in the pilot program, conducting oversight of the pilot program, or any other barriers or challenges; (F) the cost of care at each assisted living facility and State home participating in the pilot program, including an analysis of any cost savings by the Department when comparing that cost to the cost of nursing home care; (G) aggregated feedback from participants in the pilot program; and (H) such other matters the Secretary considers appropriate. (2) Final report.--As part of the final report submitted under paragraph (1), the Secretary shall include recommendations on whether the model studied in the pilot program should be continued or adopted throughout the Department. (f) Report by Inspector General.-- (1) In general.--Not later than two years after the initiation of the pilot program under subsection (a)(1), the Inspector General of the Department of Veterans Affairs shall submit to the Secretary, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Elements.--The report required by paragraph (1) shall include an assessment of-- (A) the quality of care provided to veterans at facilities participating in the pilot program; (B) the oversight of such facilities, as conducted by the Department, the Centers for Medicare & Medicaid Services, State agencies, and other relevant entities; and (C) such other matters as the Inspector General considers appropriate. (3) Follow-up.--Not later than 90 days after the submittal of the report required by paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to address the deficiencies identified in the report, if any. (g) Definitions.--In this section: (1) Assisted living services.--The term ``assisted living services'' means-- (A) services of a facility in providing room, board, and personal care for and supervision of residents for their health, safety, and welfare; and (B) a level of care more intensive than domiciliary care and less intensive than nursing home care. (2) Eligible veteran.--The term ``eligible veteran'' means a veteran who-- (A)(i) is already receiving nursing home level care paid for by the Department; (ii) is eligible to receive nursing home level care paid for by the Department; or (iii) exceeds the requirements for domiciliary care paid for by the Department but does not meet the requirements for nursing home level care paid for by the Department; and (B) is eligible for assisted living services, as determined by the Secretary. (3) State home.--The term ``State home'' has the meaning given that term in section 101(19) of title 38, United States Code. <all>

Expanding Veterans’ Options for Long Term Care Act

A bill to require the Secretary of Veterans Affairs to carry out a pilot program to provide assisted living services to eligible veterans, and for other purposes.

Expanding Veterans’ Options for Long Term Care Act

Sen. Tester, Jon

D

MT

This bill requires the Department of Veterans Affairs (VA) to implement a three-year pilot program to assess the effectiveness of providing assisted living services to eligible veterans, including by assessing the satisfaction of veterans participating in the pilot program. Eligible veterans are those who (1) are eligible for assisted living services as determined by the VA; and (2) are already receiving nursing home level care paid for by the VA, are eligible for such care from the VA, or exceed the requirements for domiciliary care paid for by the VA but do not meet the requirements for nursing home level care paid for by the VA. The Inspector General of the VA must report to Congress on the pilot program, and the VA must submit a follow-up plan to address any deficiencies that are identified in the 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 ``Expanding Veterans' Options for Long Term Care Act''. SEC. 2. PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR VETERANS. (2) Extension.--The Secretary may extend the duration of the pilot program under paragraph (1) for an additional three- year period if the Secretary, based on the results of the reports submitted under subsections (e) and (f), determines that it is appropriate to do so. (B) Selection criteria.--In selecting facilities under subparagraph (A), the Secretary shall ensure that-- (i) the locations of such facilities are in geographically diverse areas; (ii) not fewer than two such facilities serve veterans in rural or highly rural areas (as determined through the use of the Rural- Urban Commuting Areas coding system of the Department of Agriculture); (iii) not fewer than one such facility is located in each Veterans Integrated Service Network selected under paragraph (1); and (iv) not fewer than two such facilities are State homes. 1396 et seq. ); or (B) a State home recognized and certified under subpart B of part 51 of title 38, Code of Federal Regulations, or successor regulations. (4) Payment to certain facilities.-- (A) State homes.--In the case of a facility participating in the pilot program under subsection (a)(1) that is a State home, the Secretary shall pay to the State home a per diem for each veteran participating in the pilot program at the State home that is-- (i) greater than the per diem for domiciliary care at the State home, if applicable; and (ii) less than the per diem for nursing home care at the State home. (f) Report by Inspector General.-- (1) In general.--Not later than two years after the initiation of the pilot program under subsection (a)(1), the Inspector General of the Department of Veterans Affairs shall submit to the Secretary, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Eligible veteran.--The term ``eligible veteran'' means a veteran who-- (A)(i) is already receiving nursing home level care paid for by the Department; (ii) is eligible to receive nursing home level care paid for by the Department; or (iii) exceeds the requirements for domiciliary care paid for by the Department but does not meet the requirements for nursing home level care paid for by the Department; and (B) is eligible for assisted living services, as determined by the Secretary.

This Act may be cited as the ``Expanding Veterans' Options for Long Term Care Act''. 2. PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR VETERANS. (B) Selection criteria.--In selecting facilities under subparagraph (A), the Secretary shall ensure that-- (i) the locations of such facilities are in geographically diverse areas; (ii) not fewer than two such facilities serve veterans in rural or highly rural areas (as determined through the use of the Rural- Urban Commuting Areas coding system of the Department of Agriculture); (iii) not fewer than one such facility is located in each Veterans Integrated Service Network selected under paragraph (1); and (iv) not fewer than two such facilities are State homes. ); or (B) a State home recognized and certified under subpart B of part 51 of title 38, Code of Federal Regulations, or successor regulations. (4) Payment to certain facilities.-- (A) State homes.--In the case of a facility participating in the pilot program under subsection (a)(1) that is a State home, the Secretary shall pay to the State home a per diem for each veteran participating in the pilot program at the State home that is-- (i) greater than the per diem for domiciliary care at the State home, if applicable; and (ii) less than the per diem for nursing home care at the State home. (f) Report by Inspector General.-- (1) In general.--Not later than two years after the initiation of the pilot program under subsection (a)(1), the Inspector General of the Department of Veterans Affairs shall submit to the Secretary, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Eligible veteran.--The term ``eligible veteran'' means a veteran who-- (A)(i) is already receiving nursing home level care paid for by the Department; (ii) is eligible to receive nursing home level care paid for by the Department; or (iii) exceeds the requirements for domiciliary care paid for by the Department but does not meet the requirements for nursing home level care paid for by the Department; and (B) is eligible for assisted living services, as determined by the Secretary.

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 ``Expanding Veterans' Options for Long Term Care Act''. SEC. 2. PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR VETERANS. (2) Extension.--The Secretary may extend the duration of the pilot program under paragraph (1) for an additional three- year period if the Secretary, based on the results of the reports submitted under subsections (e) and (f), determines that it is appropriate to do so. (B) Selection criteria.--In selecting facilities under subparagraph (A), the Secretary shall ensure that-- (i) the locations of such facilities are in geographically diverse areas; (ii) not fewer than two such facilities serve veterans in rural or highly rural areas (as determined through the use of the Rural- Urban Commuting Areas coding system of the Department of Agriculture); (iii) not fewer than one such facility is located in each Veterans Integrated Service Network selected under paragraph (1); and (iv) not fewer than two such facilities are State homes. (c) Provision of Assisted Living Services.-- (1) Agreements.--In carrying out the pilot program under subsection (a)(1), the Secretary may enter into agreements for the provision of assisted living services on behalf of eligible veterans with-- (A) a provider participating under a State plan or waiver under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); or (B) a State home recognized and certified under subpart B of part 51 of title 38, Code of Federal Regulations, or successor regulations. (3) Inspection.--The Secretary shall inspect facilities at which veterans are placed under the pilot program under subsection (a)(1)-- (A) with respect to a facility that is a State home, not less frequently than annually and in the same manner as the Secretary conducts inspection of State homes under section 1742 of title 38, United States Code; and (B) with respect to any other facility, not less frequently than annually and in the same manner as the Secretary conducts inspection of facilities under section 1730 of such title. (4) Payment to certain facilities.-- (A) State homes.--In the case of a facility participating in the pilot program under subsection (a)(1) that is a State home, the Secretary shall pay to the State home a per diem for each veteran participating in the pilot program at the State home that is-- (i) greater than the per diem for domiciliary care at the State home, if applicable; and (ii) less than the per diem for nursing home care at the State home. (f) Report by Inspector General.-- (1) In general.--Not later than two years after the initiation of the pilot program under subsection (a)(1), the Inspector General of the Department of Veterans Affairs shall submit to the Secretary, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Eligible veteran.--The term ``eligible veteran'' means a veteran who-- (A)(i) is already receiving nursing home level care paid for by the Department; (ii) is eligible to receive nursing home level care paid for by the Department; or (iii) exceeds the requirements for domiciliary care paid for by the Department but does not meet the requirements for nursing home level care paid for by the Department; and (B) is eligible for assisted living services, as determined by the Secretary.

To require the Secretary of Veterans Affairs to carry out a pilot program to provide assisted living services to eligible 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 ``Expanding Veterans' Options for Long Term Care Act''. SEC. 2. PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR VETERANS. (2) Extension.--The Secretary may extend the duration of the pilot program under paragraph (1) for an additional three- year period if the Secretary, based on the results of the reports submitted under subsections (e) and (f), determines that it is appropriate to do so. (B) Selection criteria.--In selecting facilities under subparagraph (A), the Secretary shall ensure that-- (i) the locations of such facilities are in geographically diverse areas; (ii) not fewer than two such facilities serve veterans in rural or highly rural areas (as determined through the use of the Rural- Urban Commuting Areas coding system of the Department of Agriculture); (iii) not fewer than one such facility is located in each Veterans Integrated Service Network selected under paragraph (1); and (iv) not fewer than two such facilities are State homes. (c) Provision of Assisted Living Services.-- (1) Agreements.--In carrying out the pilot program under subsection (a)(1), the Secretary may enter into agreements for the provision of assisted living services on behalf of eligible veterans with-- (A) a provider participating under a State plan or waiver under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); or (B) a State home recognized and certified under subpart B of part 51 of title 38, Code of Federal Regulations, or successor regulations. (2) Standards.--The Secretary may not place, transfer, or admit a veteran to any facility for assisted living services under the pilot program under subsection (a)(1) unless the Secretary determines that-- (A) the facility meets the standards for community residential care established under sections 17.61 through 17.72 of title 38, Code of Federal Regulations, or successor regulations, and any additional standards of care as the Secretary may specify; or (B) in the case of a facility that is a State home, the State home meets the standards for care established under subpart E of part 51 of title 38, Code of Federal Regulations, or successor regulations, and any additional standards of care as the Secretary may specify. (3) Inspection.--The Secretary shall inspect facilities at which veterans are placed under the pilot program under subsection (a)(1)-- (A) with respect to a facility that is a State home, not less frequently than annually and in the same manner as the Secretary conducts inspection of State homes under section 1742 of title 38, United States Code; and (B) with respect to any other facility, not less frequently than annually and in the same manner as the Secretary conducts inspection of facilities under section 1730 of such title. (4) Payment to certain facilities.-- (A) State homes.--In the case of a facility participating in the pilot program under subsection (a)(1) that is a State home, the Secretary shall pay to the State home a per diem for each veteran participating in the pilot program at the State home that is-- (i) greater than the per diem for domiciliary care at the State home, if applicable; and (ii) less than the per diem for nursing home care at the State home. (e) Annual Report.-- (1) In general.--Not later than one year after the initiation of the pilot program under subsection (a)(1), and annually thereafter for each year in which the pilot program is carried out, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program, including-- (A) an identification of Veterans Integrated Services Networks and facilities of the Department participating in the pilot program and assisted living facilities and State homes at which veterans are placed under the pilot program; (B) the number of participants in the pilot program, disaggregated by facility; (C) general demographic information of participants in the pilot program, including average age, gender, and race or ethnicity; (D) disability status of participants in the pilot program; (E) an identification of any barriers or challenges to enrolling veterans in the pilot program, conducting oversight of the pilot program, or any other barriers or challenges; (F) the cost of care at each assisted living facility and State home participating in the pilot program, including an analysis of any cost savings by the Department when comparing that cost to the cost of nursing home care; (G) aggregated feedback from participants in the pilot program; and (H) such other matters the Secretary considers appropriate. (2) Final report.--As part of the final report submitted under paragraph (1), the Secretary shall include recommendations on whether the model studied in the pilot program should be continued or adopted throughout the Department. (f) Report by Inspector General.-- (1) In general.--Not later than two years after the initiation of the pilot program under subsection (a)(1), the Inspector General of the Department of Veterans Affairs shall submit to the Secretary, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Eligible veteran.--The term ``eligible veteran'' means a veteran who-- (A)(i) is already receiving nursing home level care paid for by the Department; (ii) is eligible to receive nursing home level care paid for by the Department; or (iii) exceeds the requirements for domiciliary care paid for by the Department but does not meet the requirements for nursing home level care paid for by the Department; and (B) is eligible for assisted living services, as determined by the Secretary.

To require the Secretary of Veterans Affairs to carry out a pilot program to provide assisted living services to eligible veterans, and for other purposes. a) Program.-- (1) In general.--Beginning not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a three-year pilot program to assess-- (A) the effectiveness of providing assisted living services to eligible veterans, at the election of such veterans; and (B) the satisfaction with the pilot program of veterans participating in the pilot program. ( (B) Veterans receiving nursing home care.--The Secretary shall ensure that not fewer than three Veterans Integrated Service Networks selected under subparagraph (A) serve areas with the highest percentage of veterans who are currently receiving nursing home care through the Department and would be eligible to receive assisted living services under the pilot program. ( B) Selection criteria.--In selecting facilities under subparagraph (A), the Secretary shall ensure that-- (i) the locations of such facilities are in geographically diverse areas; (ii) not fewer than two such facilities serve veterans in rural or highly rural areas (as determined through the use of the Rural- Urban Commuting Areas coding system of the Department of Agriculture); (iii) not fewer than one such facility is located in each Veterans Integrated Service Network selected under paragraph (1); and (iv) not fewer than two such facilities are State homes. ( ); or (B) a State home recognized and certified under subpart B of part 51 of title 38, Code of Federal Regulations, or successor regulations. ( 3) Inspection.--The Secretary shall inspect facilities at which veterans are placed under the pilot program under subsection (a)(1)-- (A) with respect to a facility that is a State home, not less frequently than annually and in the same manner as the Secretary conducts inspection of State homes under section 1742 of title 38, United States Code; and (B) with respect to any other facility, not less frequently than annually and in the same manner as the Secretary conducts inspection of facilities under section 1730 of such title. (4) Payment to certain facilities.-- (A) State homes.--In the case of a facility participating in the pilot program under subsection (a)(1) that is a State home, the Secretary shall pay to the State home a per diem for each veteran participating in the pilot program at the State home that is-- (i) greater than the per diem for domiciliary care at the State home, if applicable; and (ii) less than the per diem for nursing home care at the State home. ( B) Community assisted living facilities.--In the case of a facility participating in the pilot program that is a community assisted living facility, the Secretary shall pay to the facility an amount that is less than the average rate paid by the Department for placement in a community nursing home in the same Veterans Integrated Service Network. ( (2) Final report.--As part of the final report submitted under paragraph (1), the Secretary shall include recommendations on whether the model studied in the pilot program should be continued or adopted throughout the Department. ( 3) Follow-up.--Not later than 90 days after the submittal of the report required by paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to address the deficiencies identified in the report, if any. (g) Definitions.--In this section: (1) Assisted living services.--The term ``assisted living services'' means-- (A) services of a facility in providing room, board, and personal care for and supervision of residents for their health, safety, and welfare; and (B) a level of care more intensive than domiciliary care and less intensive than nursing home care. ( 2) Eligible veteran.--The term ``eligible veteran'' means a veteran who-- (A)(i) is already receiving nursing home level care paid for by the Department; (ii) is eligible to receive nursing home level care paid for by the Department; or (iii) exceeds the requirements for domiciliary care paid for by the Department but does not meet the requirements for nursing home level care paid for by the Department; and (B) is eligible for assisted living services, as determined by the Secretary. (

To require the Secretary of Veterans Affairs to carry out a pilot program to provide assisted living services to eligible veterans, and for other purposes. b) Program Locations.-- (1) Veterans integrated service networks.-- (A) In general.--The Secretary shall select not fewer than six Veterans Integrated Service Networks of the Department of Veterans Affairs at which to carry out the pilot program under subsection (a)(1). ( (B) Selection criteria.--In selecting facilities under subparagraph (A), the Secretary shall ensure that-- (i) the locations of such facilities are in geographically diverse areas; (ii) not fewer than two such facilities serve veterans in rural or highly rural areas (as determined through the use of the Rural- Urban Commuting Areas coding system of the Department of Agriculture); (iii) not fewer than one such facility is located in each Veterans Integrated Service Network selected under paragraph (1); and (iv) not fewer than two such facilities are State homes. ( c) Provision of Assisted Living Services.-- (1) Agreements.--In carrying out the pilot program under subsection (a)(1), the Secretary may enter into agreements for the provision of assisted living services on behalf of eligible veterans with-- (A) a provider participating under a State plan or waiver under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); (3) Inspection.--The Secretary shall inspect facilities at which veterans are placed under the pilot program under subsection (a)(1)-- (A) with respect to a facility that is a State home, not less frequently than annually and in the same manner as the Secretary conducts inspection of State homes under section 1742 of title 38, United States Code; and (B) with respect to any other facility, not less frequently than annually and in the same manner as the Secretary conducts inspection of facilities under section 1730 of such title. ( 4) Payment to certain facilities.-- (A) State homes.--In the case of a facility participating in the pilot program under subsection (a)(1) that is a State home, the Secretary shall pay to the State home a per diem for each veteran participating in the pilot program at the State home that is-- (i) greater than the per diem for domiciliary care at the State home, if applicable; and (ii) less than the per diem for nursing home care at the State home. ( 2) Final report.--As part of the final report submitted under paragraph (1), the Secretary shall include recommendations on whether the model studied in the pilot program should be continued or adopted throughout the Department. ( f) Report by Inspector General.-- (1) In general.--Not later than two years after the initiation of the pilot program under subsection (a)(1), the Inspector General of the Department of Veterans Affairs shall submit to the Secretary, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Elements.--The report required by paragraph (1) shall include an assessment of-- (A) the quality of care provided to veterans at facilities participating in the pilot program; (B) the oversight of such facilities, as conducted by the Department, the Centers for Medicare & Medicaid Services, State agencies, and other relevant entities; and (C) such other matters as the Inspector General considers appropriate. ( 3) Follow-up.--Not later than 90 days after the submittal of the report required by paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to address the deficiencies identified in the report, if any. (

To require the Secretary of Veterans Affairs to carry out a pilot program to provide assisted living services to eligible veterans, and for other purposes. b) Program Locations.-- (1) Veterans integrated service networks.-- (A) In general.--The Secretary shall select not fewer than six Veterans Integrated Service Networks of the Department of Veterans Affairs at which to carry out the pilot program under subsection (a)(1). ( (B) Selection criteria.--In selecting facilities under subparagraph (A), the Secretary shall ensure that-- (i) the locations of such facilities are in geographically diverse areas; (ii) not fewer than two such facilities serve veterans in rural or highly rural areas (as determined through the use of the Rural- Urban Commuting Areas coding system of the Department of Agriculture); (iii) not fewer than one such facility is located in each Veterans Integrated Service Network selected under paragraph (1); and (iv) not fewer than two such facilities are State homes. ( c) Provision of Assisted Living Services.-- (1) Agreements.--In carrying out the pilot program under subsection (a)(1), the Secretary may enter into agreements for the provision of assisted living services on behalf of eligible veterans with-- (A) a provider participating under a State plan or waiver under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); (3) Inspection.--The Secretary shall inspect facilities at which veterans are placed under the pilot program under subsection (a)(1)-- (A) with respect to a facility that is a State home, not less frequently than annually and in the same manner as the Secretary conducts inspection of State homes under section 1742 of title 38, United States Code; and (B) with respect to any other facility, not less frequently than annually and in the same manner as the Secretary conducts inspection of facilities under section 1730 of such title. ( 4) Payment to certain facilities.-- (A) State homes.--In the case of a facility participating in the pilot program under subsection (a)(1) that is a State home, the Secretary shall pay to the State home a per diem for each veteran participating in the pilot program at the State home that is-- (i) greater than the per diem for domiciliary care at the State home, if applicable; and (ii) less than the per diem for nursing home care at the State home. ( 2) Final report.--As part of the final report submitted under paragraph (1), the Secretary shall include recommendations on whether the model studied in the pilot program should be continued or adopted throughout the Department. ( f) Report by Inspector General.-- (1) In general.--Not later than two years after the initiation of the pilot program under subsection (a)(1), the Inspector General of the Department of Veterans Affairs shall submit to the Secretary, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Elements.--The report required by paragraph (1) shall include an assessment of-- (A) the quality of care provided to veterans at facilities participating in the pilot program; (B) the oversight of such facilities, as conducted by the Department, the Centers for Medicare & Medicaid Services, State agencies, and other relevant entities; and (C) such other matters as the Inspector General considers appropriate. ( 3) Follow-up.--Not later than 90 days after the submittal of the report required by paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to address the deficiencies identified in the report, if any. (

To require the Secretary of Veterans Affairs to carry out a pilot program to provide assisted living services to eligible veterans, and for other purposes. a) Program.-- (1) In general.--Beginning not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a three-year pilot program to assess-- (A) the effectiveness of providing assisted living services to eligible veterans, at the election of such veterans; and (B) the satisfaction with the pilot program of veterans participating in the pilot program. ( (B) Veterans receiving nursing home care.--The Secretary shall ensure that not fewer than three Veterans Integrated Service Networks selected under subparagraph (A) serve areas with the highest percentage of veterans who are currently receiving nursing home care through the Department and would be eligible to receive assisted living services under the pilot program. ( B) Selection criteria.--In selecting facilities under subparagraph (A), the Secretary shall ensure that-- (i) the locations of such facilities are in geographically diverse areas; (ii) not fewer than two such facilities serve veterans in rural or highly rural areas (as determined through the use of the Rural- Urban Commuting Areas coding system of the Department of Agriculture); (iii) not fewer than one such facility is located in each Veterans Integrated Service Network selected under paragraph (1); and (iv) not fewer than two such facilities are State homes. ( ); or (B) a State home recognized and certified under subpart B of part 51 of title 38, Code of Federal Regulations, or successor regulations. ( 3) Inspection.--The Secretary shall inspect facilities at which veterans are placed under the pilot program under subsection (a)(1)-- (A) with respect to a facility that is a State home, not less frequently than annually and in the same manner as the Secretary conducts inspection of State homes under section 1742 of title 38, United States Code; and (B) with respect to any other facility, not less frequently than annually and in the same manner as the Secretary conducts inspection of facilities under section 1730 of such title. (4) Payment to certain facilities.-- (A) State homes.--In the case of a facility participating in the pilot program under subsection (a)(1) that is a State home, the Secretary shall pay to the State home a per diem for each veteran participating in the pilot program at the State home that is-- (i) greater than the per diem for domiciliary care at the State home, if applicable; and (ii) less than the per diem for nursing home care at the State home. ( B) Community assisted living facilities.--In the case of a facility participating in the pilot program that is a community assisted living facility, the Secretary shall pay to the facility an amount that is less than the average rate paid by the Department for placement in a community nursing home in the same Veterans Integrated Service Network. ( (2) Final report.--As part of the final report submitted under paragraph (1), the Secretary shall include recommendations on whether the model studied in the pilot program should be continued or adopted throughout the Department. ( 3) Follow-up.--Not later than 90 days after the submittal of the report required by paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to address the deficiencies identified in the report, if any. (g) Definitions.--In this section: (1) Assisted living services.--The term ``assisted living services'' means-- (A) services of a facility in providing room, board, and personal care for and supervision of residents for their health, safety, and welfare; and (B) a level of care more intensive than domiciliary care and less intensive than nursing home care. ( 2) Eligible veteran.--The term ``eligible veteran'' means a veteran who-- (A)(i) is already receiving nursing home level care paid for by the Department; (ii) is eligible to receive nursing home level care paid for by the Department; or (iii) exceeds the requirements for domiciliary care paid for by the Department but does not meet the requirements for nursing home level care paid for by the Department; and (B) is eligible for assisted living services, as determined by the Secretary. (

To require the Secretary of Veterans Affairs to carry out a pilot program to provide assisted living services to eligible veterans, and for other purposes. b) Program Locations.-- (1) Veterans integrated service networks.-- (A) In general.--The Secretary shall select not fewer than six Veterans Integrated Service Networks of the Department of Veterans Affairs at which to carry out the pilot program under subsection (a)(1). ( (B) Selection criteria.--In selecting facilities under subparagraph (A), the Secretary shall ensure that-- (i) the locations of such facilities are in geographically diverse areas; (ii) not fewer than two such facilities serve veterans in rural or highly rural areas (as determined through the use of the Rural- Urban Commuting Areas coding system of the Department of Agriculture); (iii) not fewer than one such facility is located in each Veterans Integrated Service Network selected under paragraph (1); and (iv) not fewer than two such facilities are State homes. ( c) Provision of Assisted Living Services.-- (1) Agreements.--In carrying out the pilot program under subsection (a)(1), the Secretary may enter into agreements for the provision of assisted living services on behalf of eligible veterans with-- (A) a provider participating under a State plan or waiver under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); (3) Inspection.--The Secretary shall inspect facilities at which veterans are placed under the pilot program under subsection (a)(1)-- (A) with respect to a facility that is a State home, not less frequently than annually and in the same manner as the Secretary conducts inspection of State homes under section 1742 of title 38, United States Code; and (B) with respect to any other facility, not less frequently than annually and in the same manner as the Secretary conducts inspection of facilities under section 1730 of such title. ( 4) Payment to certain facilities.-- (A) State homes.--In the case of a facility participating in the pilot program under subsection (a)(1) that is a State home, the Secretary shall pay to the State home a per diem for each veteran participating in the pilot program at the State home that is-- (i) greater than the per diem for domiciliary care at the State home, if applicable; and (ii) less than the per diem for nursing home care at the State home. ( 2) Final report.--As part of the final report submitted under paragraph (1), the Secretary shall include recommendations on whether the model studied in the pilot program should be continued or adopted throughout the Department. ( f) Report by Inspector General.-- (1) In general.--Not later than two years after the initiation of the pilot program under subsection (a)(1), the Inspector General of the Department of Veterans Affairs shall submit to the Secretary, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Elements.--The report required by paragraph (1) shall include an assessment of-- (A) the quality of care provided to veterans at facilities participating in the pilot program; (B) the oversight of such facilities, as conducted by the Department, the Centers for Medicare & Medicaid Services, State agencies, and other relevant entities; and (C) such other matters as the Inspector General considers appropriate. ( 3) Follow-up.--Not later than 90 days after the submittal of the report required by paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to address the deficiencies identified in the report, if any. (

To require the Secretary of Veterans Affairs to carry out a pilot program to provide assisted living services to eligible veterans, and for other purposes. a) Program.-- (1) In general.--Beginning not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a three-year pilot program to assess-- (A) the effectiveness of providing assisted living services to eligible veterans, at the election of such veterans; and (B) the satisfaction with the pilot program of veterans participating in the pilot program. ( (B) Veterans receiving nursing home care.--The Secretary shall ensure that not fewer than three Veterans Integrated Service Networks selected under subparagraph (A) serve areas with the highest percentage of veterans who are currently receiving nursing home care through the Department and would be eligible to receive assisted living services under the pilot program. ( B) Selection criteria.--In selecting facilities under subparagraph (A), the Secretary shall ensure that-- (i) the locations of such facilities are in geographically diverse areas; (ii) not fewer than two such facilities serve veterans in rural or highly rural areas (as determined through the use of the Rural- Urban Commuting Areas coding system of the Department of Agriculture); (iii) not fewer than one such facility is located in each Veterans Integrated Service Network selected under paragraph (1); and (iv) not fewer than two such facilities are State homes. ( ); or (B) a State home recognized and certified under subpart B of part 51 of title 38, Code of Federal Regulations, or successor regulations. ( 3) Inspection.--The Secretary shall inspect facilities at which veterans are placed under the pilot program under subsection (a)(1)-- (A) with respect to a facility that is a State home, not less frequently than annually and in the same manner as the Secretary conducts inspection of State homes under section 1742 of title 38, United States Code; and (B) with respect to any other facility, not less frequently than annually and in the same manner as the Secretary conducts inspection of facilities under section 1730 of such title. (4) Payment to certain facilities.-- (A) State homes.--In the case of a facility participating in the pilot program under subsection (a)(1) that is a State home, the Secretary shall pay to the State home a per diem for each veteran participating in the pilot program at the State home that is-- (i) greater than the per diem for domiciliary care at the State home, if applicable; and (ii) less than the per diem for nursing home care at the State home. ( B) Community assisted living facilities.--In the case of a facility participating in the pilot program that is a community assisted living facility, the Secretary shall pay to the facility an amount that is less than the average rate paid by the Department for placement in a community nursing home in the same Veterans Integrated Service Network. ( (2) Final report.--As part of the final report submitted under paragraph (1), the Secretary shall include recommendations on whether the model studied in the pilot program should be continued or adopted throughout the Department. ( 3) Follow-up.--Not later than 90 days after the submittal of the report required by paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to address the deficiencies identified in the report, if any. (g) Definitions.--In this section: (1) Assisted living services.--The term ``assisted living services'' means-- (A) services of a facility in providing room, board, and personal care for and supervision of residents for their health, safety, and welfare; and (B) a level of care more intensive than domiciliary care and less intensive than nursing home care. ( 2) Eligible veteran.--The term ``eligible veteran'' means a veteran who-- (A)(i) is already receiving nursing home level care paid for by the Department; (ii) is eligible to receive nursing home level care paid for by the Department; or (iii) exceeds the requirements for domiciliary care paid for by the Department but does not meet the requirements for nursing home level care paid for by the Department; and (B) is eligible for assisted living services, as determined by the Secretary. (

To require the Secretary of Veterans Affairs to carry out a pilot program to provide assisted living services to eligible veterans, and for other purposes. B) Selection criteria.--In selecting facilities under subparagraph (A), the Secretary shall ensure that-- (i) the locations of such facilities are in geographically diverse areas; (ii) not fewer than two such facilities serve veterans in rural or highly rural areas (as determined through the use of the Rural- Urban Commuting Areas coding system of the Department of Agriculture); (iii) not fewer than one such facility is located in each Veterans Integrated Service Network selected under paragraph (1); and (iv) not fewer than two such facilities are State homes. ( ( 4) Payment to certain facilities.-- (A) State homes.--In the case of a facility participating in the pilot program under subsection (a)(1) that is a State home, the Secretary shall pay to the State home a per diem for each veteran participating in the pilot program at the State home that is-- (i) greater than the per diem for domiciliary care at the State home, if applicable; and (ii) less than the per diem for nursing home care at the State home. ( 3) Follow-up.--Not later than 90 days after the submittal of the report required by paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to address the deficiencies identified in the report, if any. (

To require the Secretary of Veterans Affairs to carry out a pilot program to provide assisted living services to eligible veterans, and for other purposes. B) Veterans receiving nursing home care.--The Secretary shall ensure that not fewer than three Veterans Integrated Service Networks selected under subparagraph (A) serve areas with the highest percentage of veterans who are currently receiving nursing home care through the Department and would be eligible to receive assisted living services under the pilot program. ( ( ); or (B) a State home recognized and certified under subpart B of part 51 of title 38, Code of Federal Regulations, or successor regulations. ( 3) Inspection.--The Secretary shall inspect facilities at which veterans are placed under the pilot program under subsection (a)(1)-- (A) with respect to a facility that is a State home, not less frequently than annually and in the same manner as the Secretary conducts inspection of State homes under section 1742 of title 38, United States Code; and (B) with respect to any other facility, not less frequently than annually and in the same manner as the Secretary conducts inspection of facilities under section 1730 of such title. ( ( B) Community assisted living facilities.--In the case of a facility participating in the pilot program that is a community assisted living facility, the Secretary shall pay to the facility an amount that is less than the average rate paid by the Department for placement in a community nursing home in the same Veterans Integrated Service Network. ( 3) Follow-up.--Not later than 90 days after the submittal of the report required by paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to address the deficiencies identified in the report, if any. ( ( 2) Eligible veteran.--The term ``eligible veteran'' means a veteran who-- (A)(i) is already receiving nursing home level care paid for by the Department; (ii) is eligible to receive nursing home level care paid for by the Department; or (iii) exceeds the requirements for domiciliary care paid for by the Department but does not meet the requirements for nursing home level care paid for by the Department; and (B) is eligible for assisted living services, as determined by the Secretary. (

To require the Secretary of Veterans Affairs to carry out a pilot program to provide assisted living services to eligible veterans, and for other purposes. B) Selection criteria.--In selecting facilities under subparagraph (A), the Secretary shall ensure that-- (i) the locations of such facilities are in geographically diverse areas; (ii) not fewer than two such facilities serve veterans in rural or highly rural areas (as determined through the use of the Rural- Urban Commuting Areas coding system of the Department of Agriculture); (iii) not fewer than one such facility is located in each Veterans Integrated Service Network selected under paragraph (1); and (iv) not fewer than two such facilities are State homes. ( ( 4) Payment to certain facilities.-- (A) State homes.--In the case of a facility participating in the pilot program under subsection (a)(1) that is a State home, the Secretary shall pay to the State home a per diem for each veteran participating in the pilot program at the State home that is-- (i) greater than the per diem for domiciliary care at the State home, if applicable; and (ii) less than the per diem for nursing home care at the State home. ( 3) Follow-up.--Not later than 90 days after the submittal of the report required by paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to address the deficiencies identified in the report, if any. (

To require the Secretary of Veterans Affairs to carry out a pilot program to provide assisted living services to eligible veterans, and for other purposes. B) Veterans receiving nursing home care.--The Secretary shall ensure that not fewer than three Veterans Integrated Service Networks selected under subparagraph (A) serve areas with the highest percentage of veterans who are currently receiving nursing home care through the Department and would be eligible to receive assisted living services under the pilot program. ( ( ); ( 3) Follow-up.--Not later than 90 days after the submittal of the report required by paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to address the deficiencies identified in the report, if any. ( ( 2) Eligible veteran.--The term ``eligible veteran'' means a veteran who-- (A)(i) is already receiving nursing home level care paid for by the Department; (ii) is eligible to receive nursing home level care paid for by the Department; or (iii) exceeds the requirements for domiciliary care paid for by the Department but does not meet the requirements for nursing home level care paid for by the Department; and (B) is eligible for assisted living services, as determined by the Secretary. (

Expanding Veterans' Options for Long Term Care Act - Directs the Secretary of Veterans Affairs to carry out a three-year pilot program to assess: (1) the effectiveness of providing assisted living services to eligible veterans; and (2) the satisfaction with the pilot program of veterans participating in the program. (Sec. 2) Directs such Secretary to select at least six Veterans Integrated Directs the Secretary of Veterans Affairs to: (1) report annually to the congressional veterans' committees on the pilot program; and (2) include recommendations on whether the model studied in the program should be continued or adopted throughout the Department. (Sec. 3) Directs the Inspector General of the Department of Veterans Health Affairs to report to the committees on: ( 1) the quality

H.R.7120

Finance and Financial Sector

Designing Accounting Safeguards to Help Broaden Oversight And Regulations on Data Act of 2022 or the DASHBOARD Act of 2022 This bill requires commercial data operators (i.e., large consumer online services providers or data brokers) to disclose to users what types of user data are collected, and the usage and value of that data. Commercial data operators must also provide users with a way to delete this data. Violations of these requirements are enforced by the Federal Trade Commission. Commercial data operators that issue securities must report the value of their user data and the value of any third-party contracts made for the collection of user data.

To require the Securities and Exchange Commission to promulgate regulations relating to the disclosure of certain commercial data, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Designing Accounting Safeguards to Help Broaden Oversight And Regulations on Data Act of 2022'' or the ``DASHBOARD Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Securities and Exchange Commission. (2) Issuer.--The term ``issuer'' has the meaning given the term in section 3(a) of the Securities and Exchange Act of 1934 (15 U.S.C. 78c(a)). (3) Other definitions.--The terms ``commercial data operator'', ``user'', and ``user data'' have the meaning given those terms, respectively, under section 13(s)(1) of the Securities Exchange Act of 1934. SEC. 3. COMMERCIAL DATA OPERATORS. (a) Requirements.-- (1) In general.--A commercial data operator shall-- (A) on a routine basis, and not less frequently than once every 90 days-- (i) provide each user of the commercial data operator with an assessment of the economic value that the commercial data operator places on the data of that user; and (ii) in a clear and conspicuous manner, in accordance with paragraph (3), identify to each user of the commercial data operator-- (I) the types of data collected from users of the commercial data operator, whether by the commercial data operator or another person pursuant to an agreement with the commercial data operator; and (II) the ways that the data of a user of the commercial data operator are used if the use is not directly or exclusively related to the online service that the commercial data operator provides to the user; and (B) except as provided in paragraph (2), provide a user of the commercial data operator with the ability to delete all data, in the aggregate and for an individual field, that the commercial data operator possesses, or maintains control or access to with respect to the user, through-- (i) a single setting; or (ii) another clear and conspicuous mechanism by which the user may make such a deletion. (2) Deletion exceptions.-- (A) In general.--A commercial data operator shall comply with a user directive to delete, in whole or in part, the data of the user except-- (i) in cases where there is a legal obligation of the commercial data operator to maintain the data; (ii) for the establishment, exercise, or defense of legal claims; or (iii) if the data is necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or assist in the prosecution of those responsible for such activity. (B) Retention.--A commercial data operator may not retain any more user data than is necessary to carry out an activity described in clauses (i) through (iii) of subparagraph (A). (3) Availability.--A commercial data operator shall ensure that all disclosures required under paragraph (1) are available to a user of the commercial data operator-- (A) on and after the date on which the commercial data operator makes the identification; and (B) through any normal mechanism by which a user may interact with the online service provided by the commercial data operator. (4) Unfair and deceptive acts or practices.-- (A) Unfair or deceptive acts or practices.--A violation of this subsection shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (B) Powers of federal trade commission.-- (i) In general.--The Federal Trade Commission shall enforce this subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this subsection. (ii) Privileges and immunities.--Any person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (b) Regulations.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall promulgate regulations carrying out subsection (a). SEC. 4. SEC DISCLOSURES. (a) In General.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(s) Disclosure Relating to Aggregate Value of User Data Held by Commercial Data Operators.-- ``(1) Definitions.--In this subsection: ``(A) Commercial data operator.--The term `commercial data operator' means an entity acting in its capacity as a consumer online services provider or data broker that-- ``(i) generates a material amount of revenue directly from the use, collection, processing, sale, or sharing of the user data; and ``(ii) has more than 100,000,000 unique monthly visitors or users in the United States for a majority of months during the previous 1- year period. ``(B) User.--The term `user' means an individual consumer who uses an online service designed for consumer use by a commercial data operator. ``(C) User data.--The term `user data' means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked with an individual user, whether directly submitted to the commercial data operator by the user or derived from the observed activity of the user by the commercial data operator. ``(2) Disclosure.--Each issuer that is, or is a consolidated subsidiary of, a commercial data operator and is required to file an annual or quarterly report under subsection (a) shall disclose in that report the aggregate value, if material, of-- ``(A) user data that the commercial data operator holds; ``(B) contracts with third parties for the collection of user data through the online service provided by the commercial data operator; and ``(C) any other item that the Commission determines, by rule, is necessary or useful for the protection of investors and in the public interest. ``(3) Valuation methodology.-- ``(A) In general.--The Commission, in consultation with appropriate standards setting organizations, shall develop a method or methods for calculating the value of user data required to be disclosed under paragraph (2). ``(B) Considerations.--In developing the method under subparagraph (A), the Commission shall promote comparability in calculating the value of data across commercial data operators that utilize user data in a similar manner while taking into account the potential need to develop distinct methods for calculating the value of data for different uses, sectors, and business models.''. (b) Qualitative Disclosure.--Not later than 1 year after the date of enactment of this subsection, the Commission shall amend section 229.306 of title 17, Code of Federal Regulations, to require a commercial data operator that is an issuer subject to section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)) to provide quantitative and qualitative disclosures about the value of user data held, including-- (1) technical and legal measures in place to protect user data held by the commercial data operator; (2) an assessment of financial and legal risks associated with storing the type and quantity of user data held by the commercial data operator; (3) each source of user data held by the commercial data operator, whether by sale, a direct consumer relationship, an indirect consumer relationship, or other means; (4) each discrete revenue generating operation of the commercial data operator and any subsidiary or affiliate that relies on user data; (5) the entry into any contract valued at more than $10,000,000 with a third party for the collection, licensing, or sharing by the third party pursuant to an agreement with the commercial data operator; (6) the amount of revenue derived from obtaining, collecting, processing, selling, using or sharing user data during the reporting period; (7) how changes in the measurement of aggregate fair value of user data affect the reported performance and cash flows of the issuer; and (8) any acquisition of user data in the preceding reporting period valued at more than $100,000,000. (c) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Commission shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on-- (A) the nature, timing, and extent of the disclosure practices of commercial data operators; (B) an assessment of the valuation methodologies and practices employed by commercial data operators in developing and submitting disclosures to the public; (C) an evaluation of the methods of delivery and presentation of the disclosures required by this Act, and the amendments made by this Act; and (D) recommendations for the improvement of the methods described in subparagraph (C), including developing standards to enhance comparability and utility for investors. (2) Rulemaking.--Not later than 180 days after the date on which the report required under paragraph (1) is submitted, the Commission shall promulgate a proposed regulation implementing the recommendations described in paragraph (1)(D). <all>

DASHBOARD Act of 2022

To require the Securities and Exchange Commission to promulgate regulations relating to the disclosure of certain commercial data, and for other purposes.

DASHBOARD Act of 2022 Designing Accounting Safeguards to Help Broaden Oversight And Regulations on Data Act of 2022

Rep. Foster, Bill

D

IL

This bill requires commercial data operators (i.e., large consumer online services providers or data brokers) to disclose to users what types of user data are collected, and the usage and value of that data. Commercial data operators must also provide users with a way to delete this data. Violations of these requirements are enforced by the Federal Trade Commission. Commercial data operators that issue securities must report the value of their user data and the value of any third-party contracts made for the collection of user data.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Securities and Exchange Commission. 3. COMMERCIAL DATA OPERATORS. (4) Unfair and deceptive acts or practices.-- (A) Unfair or deceptive acts or practices.--A violation of this subsection shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this subsection. (b) Regulations.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall promulgate regulations carrying out subsection (a). 4. SEC DISCLOSURES. (a) In General.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. ``(B) User.--The term `user' means an individual consumer who uses an online service designed for consumer use by a commercial data operator. ``(C) User data.--The term `user data' means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked with an individual user, whether directly submitted to the commercial data operator by the user or derived from the observed activity of the user by the commercial data operator. ``(3) Valuation methodology.-- ``(A) In general.--The Commission, in consultation with appropriate standards setting organizations, shall develop a method or methods for calculating the value of user data required to be disclosed under paragraph (2). 78m, 78o(d)) to provide quantitative and qualitative disclosures about the value of user data held, including-- (1) technical and legal measures in place to protect user data held by the commercial data operator; (2) an assessment of financial and legal risks associated with storing the type and quantity of user data held by the commercial data operator; (3) each source of user data held by the commercial data operator, whether by sale, a direct consumer relationship, an indirect consumer relationship, or other means; (4) each discrete revenue generating operation of the commercial data operator and any subsidiary or affiliate that relies on user data; (5) the entry into any contract valued at more than $10,000,000 with a third party for the collection, licensing, or sharing by the third party pursuant to an agreement with the commercial data operator; (6) the amount of revenue derived from obtaining, collecting, processing, selling, using or sharing user data during the reporting period; (7) how changes in the measurement of aggregate fair value of user data affect the reported performance and cash flows of the issuer; and (8) any acquisition of user data in the preceding reporting period valued at more than $100,000,000.

SHORT TITLE. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Securities and Exchange Commission. 3. COMMERCIAL DATA OPERATORS. (4) Unfair and deceptive acts or practices.-- (A) Unfair or deceptive acts or practices.--A violation of this subsection shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) (b) Regulations.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall promulgate regulations carrying out subsection (a). 4. SEC DISCLOSURES. (a) In General.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. ``(B) User.--The term `user' means an individual consumer who uses an online service designed for consumer use by a commercial data operator. ``(C) User data.--The term `user data' means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked with an individual user, whether directly submitted to the commercial data operator by the user or derived from the observed activity of the user by the commercial data operator. ``(3) Valuation methodology.-- ``(A) In general.--The Commission, in consultation with appropriate standards setting organizations, shall develop a method or methods for calculating the value of user data required to be disclosed under paragraph (2).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Designing Accounting Safeguards to Help Broaden Oversight And Regulations on Data Act of 2022'' or the ``DASHBOARD Act of 2022''. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Securities and Exchange Commission. 78c(a)). 3. COMMERCIAL DATA OPERATORS. (B) Retention.--A commercial data operator may not retain any more user data than is necessary to carry out an activity described in clauses (i) through (iii) of subparagraph (A). (4) Unfair and deceptive acts or practices.-- (A) Unfair or deceptive acts or practices.--A violation of this subsection shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this subsection. (ii) Privileges and immunities.--Any person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. (b) Regulations.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall promulgate regulations carrying out subsection (a). 4. SEC DISCLOSURES. (a) In General.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. ``(B) User.--The term `user' means an individual consumer who uses an online service designed for consumer use by a commercial data operator. ``(C) User data.--The term `user data' means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked with an individual user, whether directly submitted to the commercial data operator by the user or derived from the observed activity of the user by the commercial data operator. ``(3) Valuation methodology.-- ``(A) In general.--The Commission, in consultation with appropriate standards setting organizations, shall develop a method or methods for calculating the value of user data required to be disclosed under paragraph (2). 78m, 78o(d)) to provide quantitative and qualitative disclosures about the value of user data held, including-- (1) technical and legal measures in place to protect user data held by the commercial data operator; (2) an assessment of financial and legal risks associated with storing the type and quantity of user data held by the commercial data operator; (3) each source of user data held by the commercial data operator, whether by sale, a direct consumer relationship, an indirect consumer relationship, or other means; (4) each discrete revenue generating operation of the commercial data operator and any subsidiary or affiliate that relies on user data; (5) the entry into any contract valued at more than $10,000,000 with a third party for the collection, licensing, or sharing by the third party pursuant to an agreement with the commercial data operator; (6) the amount of revenue derived from obtaining, collecting, processing, selling, using or sharing user data during the reporting period; (7) how changes in the measurement of aggregate fair value of user data affect the reported performance and cash flows of the issuer; and (8) any acquisition of user data in the preceding reporting period valued at more than $100,000,000. (c) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Commission shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on-- (A) the nature, timing, and extent of the disclosure practices of commercial data operators; (B) an assessment of the valuation methodologies and practices employed by commercial data operators in developing and submitting disclosures to the public; (C) an evaluation of the methods of delivery and presentation of the disclosures required by this Act, and the amendments made by this Act; and (D) recommendations for the improvement of the methods described in subparagraph (C), including developing standards to enhance comparability and utility for investors.

To require the Securities and Exchange Commission to promulgate regulations relating to the disclosure of certain commercial data, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Designing Accounting Safeguards to Help Broaden Oversight And Regulations on Data Act of 2022'' or the ``DASHBOARD Act of 2022''. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Securities and Exchange Commission. 78c(a)). 3. COMMERCIAL DATA OPERATORS. (2) Deletion exceptions.-- (A) In general.--A commercial data operator shall comply with a user directive to delete, in whole or in part, the data of the user except-- (i) in cases where there is a legal obligation of the commercial data operator to maintain the data; (ii) for the establishment, exercise, or defense of legal claims; or (iii) if the data is necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or assist in the prosecution of those responsible for such activity. (B) Retention.--A commercial data operator may not retain any more user data than is necessary to carry out an activity described in clauses (i) through (iii) of subparagraph (A). (4) Unfair and deceptive acts or practices.-- (A) Unfair or deceptive acts or practices.--A violation of this subsection shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this subsection. (ii) Privileges and immunities.--Any person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. (b) Regulations.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall promulgate regulations carrying out subsection (a). 4. SEC DISCLOSURES. (a) In General.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. ``(B) User.--The term `user' means an individual consumer who uses an online service designed for consumer use by a commercial data operator. ``(C) User data.--The term `user data' means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked with an individual user, whether directly submitted to the commercial data operator by the user or derived from the observed activity of the user by the commercial data operator. ``(3) Valuation methodology.-- ``(A) In general.--The Commission, in consultation with appropriate standards setting organizations, shall develop a method or methods for calculating the value of user data required to be disclosed under paragraph (2). ``(B) Considerations.--In developing the method under subparagraph (A), the Commission shall promote comparability in calculating the value of data across commercial data operators that utilize user data in a similar manner while taking into account the potential need to develop distinct methods for calculating the value of data for different uses, sectors, and business models.''. 78m, 78o(d)) to provide quantitative and qualitative disclosures about the value of user data held, including-- (1) technical and legal measures in place to protect user data held by the commercial data operator; (2) an assessment of financial and legal risks associated with storing the type and quantity of user data held by the commercial data operator; (3) each source of user data held by the commercial data operator, whether by sale, a direct consumer relationship, an indirect consumer relationship, or other means; (4) each discrete revenue generating operation of the commercial data operator and any subsidiary or affiliate that relies on user data; (5) the entry into any contract valued at more than $10,000,000 with a third party for the collection, licensing, or sharing by the third party pursuant to an agreement with the commercial data operator; (6) the amount of revenue derived from obtaining, collecting, processing, selling, using or sharing user data during the reporting period; (7) how changes in the measurement of aggregate fair value of user data affect the reported performance and cash flows of the issuer; and (8) any acquisition of user data in the preceding reporting period valued at more than $100,000,000. (c) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Commission shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on-- (A) the nature, timing, and extent of the disclosure practices of commercial data operators; (B) an assessment of the valuation methodologies and practices employed by commercial data operators in developing and submitting disclosures to the public; (C) an evaluation of the methods of delivery and presentation of the disclosures required by this Act, and the amendments made by this Act; and (D) recommendations for the improvement of the methods described in subparagraph (C), including developing standards to enhance comparability and utility for investors.

To require the Securities and Exchange Commission to promulgate regulations relating to the disclosure of certain commercial data, and for other purposes. 3) Other definitions.--The terms ``commercial data operator'', ``user'', and ``user data'' have the meaning given those terms, respectively, under section 13(s)(1) of the Securities Exchange Act of 1934. (2) Deletion exceptions.-- (A) In general.--A commercial data operator shall comply with a user directive to delete, in whole or in part, the data of the user except-- (i) in cases where there is a legal obligation of the commercial data operator to maintain the data; (ii) for the establishment, exercise, or defense of legal claims; or (iii) if the data is necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or assist in the prosecution of those responsible for such activity. ( 3) Availability.--A commercial data operator shall ensure that all disclosures required under paragraph (1) are available to a user of the commercial data operator-- (A) on and after the date on which the commercial data operator makes the identification; and (B) through any normal mechanism by which a user may interact with the online service provided by the commercial data operator. ( (B) Powers of federal trade commission.-- (i) In general.--The Federal Trade Commission shall enforce this subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) ii) Privileges and immunities.--Any person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). ( ``(B) User.--The term `user' means an individual consumer who uses an online service designed for consumer use by a commercial data operator. ``(2) Disclosure.--Each issuer that is, or is a consolidated subsidiary of, a commercial data operator and is required to file an annual or quarterly report under subsection (a) shall disclose in that report the aggregate value, if material, of-- ``(A) user data that the commercial data operator holds; ``(B) contracts with third parties for the collection of user data through the online service provided by the commercial data operator; and ``(C) any other item that the Commission determines, by rule, is necessary or useful for the protection of investors and in the public interest. ``(B) Considerations.--In developing the method under subparagraph (A), the Commission shall promote comparability in calculating the value of data across commercial data operators that utilize user data in a similar manner while taking into account the potential need to develop distinct methods for calculating the value of data for different uses, sectors, and business models.''. ( b) Qualitative Disclosure.--Not later than 1 year after the date of enactment of this subsection, the Commission shall amend section 229.306 of title 17, Code of Federal Regulations, to require a commercial data operator that is an issuer subject to section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 2) Rulemaking.--Not later than 180 days after the date on which the report required under paragraph (1) is submitted, the Commission shall promulgate a proposed regulation implementing the recommendations described in paragraph (1)(D).

To require the Securities and Exchange Commission to promulgate regulations relating to the disclosure of certain commercial data, and for other purposes. 3) Other definitions.--The terms ``commercial data operator'', ``user'', and ``user data'' have the meaning given those terms, respectively, under section 13(s)(1) of the Securities Exchange Act of 1934. (2) Deletion exceptions.-- (A) In general.--A commercial data operator shall comply with a user directive to delete, in whole or in part, the data of the user except-- (i) in cases where there is a legal obligation of the commercial data operator to maintain the data; (ii) for the establishment, exercise, or defense of legal claims; or (iii) if the data is necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or assist in the prosecution of those responsible for such activity. ( ii) Privileges and immunities.--Any person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). ( ``(B) User.--The term `user' means an individual consumer who uses an online service designed for consumer use by a commercial data operator. ``(2) Disclosure.--Each issuer that is, or is a consolidated subsidiary of, a commercial data operator and is required to file an annual or quarterly report under subsection (a) shall disclose in that report the aggregate value, if material, of-- ``(A) user data that the commercial data operator holds; ``(B) contracts with third parties for the collection of user data through the online service provided by the commercial data operator; and ``(C) any other item that the Commission determines, by rule, is necessary or useful for the protection of investors and in the public interest. ``(B) Considerations.--In developing the method under subparagraph (A), the Commission shall promote comparability in calculating the value of data across commercial data operators that utilize user data in a similar manner while taking into account the potential need to develop distinct methods for calculating the value of data for different uses, sectors, and business models.''. ( 2) Rulemaking.--Not later than 180 days after the date on which the report required under paragraph (1) is submitted, the Commission shall promulgate a proposed regulation implementing the recommendations described in paragraph (1)(D).

To require the Securities and Exchange Commission to promulgate regulations relating to the disclosure of certain commercial data, and for other purposes. 3) Other definitions.--The terms ``commercial data operator'', ``user'', and ``user data'' have the meaning given those terms, respectively, under section 13(s)(1) of the Securities Exchange Act of 1934. (2) Deletion exceptions.-- (A) In general.--A commercial data operator shall comply with a user directive to delete, in whole or in part, the data of the user except-- (i) in cases where there is a legal obligation of the commercial data operator to maintain the data; (ii) for the establishment, exercise, or defense of legal claims; or (iii) if the data is necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or assist in the prosecution of those responsible for such activity. ( ii) Privileges and immunities.--Any person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). ( ``(B) User.--The term `user' means an individual consumer who uses an online service designed for consumer use by a commercial data operator. ``(2) Disclosure.--Each issuer that is, or is a consolidated subsidiary of, a commercial data operator and is required to file an annual or quarterly report under subsection (a) shall disclose in that report the aggregate value, if material, of-- ``(A) user data that the commercial data operator holds; ``(B) contracts with third parties for the collection of user data through the online service provided by the commercial data operator; and ``(C) any other item that the Commission determines, by rule, is necessary or useful for the protection of investors and in the public interest. ``(B) Considerations.--In developing the method under subparagraph (A), the Commission shall promote comparability in calculating the value of data across commercial data operators that utilize user data in a similar manner while taking into account the potential need to develop distinct methods for calculating the value of data for different uses, sectors, and business models.''. ( 2) Rulemaking.--Not later than 180 days after the date on which the report required under paragraph (1) is submitted, the Commission shall promulgate a proposed regulation implementing the recommendations described in paragraph (1)(D).

To require the Securities and Exchange Commission to promulgate regulations relating to the disclosure of certain commercial data, and for other purposes. 3) Other definitions.--The terms ``commercial data operator'', ``user'', and ``user data'' have the meaning given those terms, respectively, under section 13(s)(1) of the Securities Exchange Act of 1934. (2) Deletion exceptions.-- (A) In general.--A commercial data operator shall comply with a user directive to delete, in whole or in part, the data of the user except-- (i) in cases where there is a legal obligation of the commercial data operator to maintain the data; (ii) for the establishment, exercise, or defense of legal claims; or (iii) if the data is necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or assist in the prosecution of those responsible for such activity. ( 3) Availability.--A commercial data operator shall ensure that all disclosures required under paragraph (1) are available to a user of the commercial data operator-- (A) on and after the date on which the commercial data operator makes the identification; and (B) through any normal mechanism by which a user may interact with the online service provided by the commercial data operator. ( (B) Powers of federal trade commission.-- (i) In general.--The Federal Trade Commission shall enforce this subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) ii) Privileges and immunities.--Any person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). ( ``(B) User.--The term `user' means an individual consumer who uses an online service designed for consumer use by a commercial data operator. ``(2) Disclosure.--Each issuer that is, or is a consolidated subsidiary of, a commercial data operator and is required to file an annual or quarterly report under subsection (a) shall disclose in that report the aggregate value, if material, of-- ``(A) user data that the commercial data operator holds; ``(B) contracts with third parties for the collection of user data through the online service provided by the commercial data operator; and ``(C) any other item that the Commission determines, by rule, is necessary or useful for the protection of investors and in the public interest. ``(B) Considerations.--In developing the method under subparagraph (A), the Commission shall promote comparability in calculating the value of data across commercial data operators that utilize user data in a similar manner while taking into account the potential need to develop distinct methods for calculating the value of data for different uses, sectors, and business models.''. ( b) Qualitative Disclosure.--Not later than 1 year after the date of enactment of this subsection, the Commission shall amend section 229.306 of title 17, Code of Federal Regulations, to require a commercial data operator that is an issuer subject to section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 2) Rulemaking.--Not later than 180 days after the date on which the report required under paragraph (1) is submitted, the Commission shall promulgate a proposed regulation implementing the recommendations described in paragraph (1)(D).

To require the Securities and Exchange Commission to promulgate regulations relating to the disclosure of certain commercial data, and for other purposes. 3) Other definitions.--The terms ``commercial data operator'', ``user'', and ``user data'' have the meaning given those terms, respectively, under section 13(s)(1) of the Securities Exchange Act of 1934. (2) Deletion exceptions.-- (A) In general.--A commercial data operator shall comply with a user directive to delete, in whole or in part, the data of the user except-- (i) in cases where there is a legal obligation of the commercial data operator to maintain the data; (ii) for the establishment, exercise, or defense of legal claims; or (iii) if the data is necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or assist in the prosecution of those responsible for such activity. ( ii) Privileges and immunities.--Any person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). ( ``(B) User.--The term `user' means an individual consumer who uses an online service designed for consumer use by a commercial data operator. ``(2) Disclosure.--Each issuer that is, or is a consolidated subsidiary of, a commercial data operator and is required to file an annual or quarterly report under subsection (a) shall disclose in that report the aggregate value, if material, of-- ``(A) user data that the commercial data operator holds; ``(B) contracts with third parties for the collection of user data through the online service provided by the commercial data operator; and ``(C) any other item that the Commission determines, by rule, is necessary or useful for the protection of investors and in the public interest. ``(B) Considerations.--In developing the method under subparagraph (A), the Commission shall promote comparability in calculating the value of data across commercial data operators that utilize user data in a similar manner while taking into account the potential need to develop distinct methods for calculating the value of data for different uses, sectors, and business models.''. ( 2) Rulemaking.--Not later than 180 days after the date on which the report required under paragraph (1) is submitted, the Commission shall promulgate a proposed regulation implementing the recommendations described in paragraph (1)(D).

To require the Securities and Exchange Commission to promulgate regulations relating to the disclosure of certain commercial data, and for other purposes. 3) Other definitions.--The terms ``commercial data operator'', ``user'', and ``user data'' have the meaning given those terms, respectively, under section 13(s)(1) of the Securities Exchange Act of 1934. (2) Deletion exceptions.-- (A) In general.--A commercial data operator shall comply with a user directive to delete, in whole or in part, the data of the user except-- (i) in cases where there is a legal obligation of the commercial data operator to maintain the data; (ii) for the establishment, exercise, or defense of legal claims; or (iii) if the data is necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or assist in the prosecution of those responsible for such activity. ( 3) Availability.--A commercial data operator shall ensure that all disclosures required under paragraph (1) are available to a user of the commercial data operator-- (A) on and after the date on which the commercial data operator makes the identification; and (B) through any normal mechanism by which a user may interact with the online service provided by the commercial data operator. ( (B) Powers of federal trade commission.-- (i) In general.--The Federal Trade Commission shall enforce this subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) ii) Privileges and immunities.--Any person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). ( ``(B) User.--The term `user' means an individual consumer who uses an online service designed for consumer use by a commercial data operator. ``(2) Disclosure.--Each issuer that is, or is a consolidated subsidiary of, a commercial data operator and is required to file an annual or quarterly report under subsection (a) shall disclose in that report the aggregate value, if material, of-- ``(A) user data that the commercial data operator holds; ``(B) contracts with third parties for the collection of user data through the online service provided by the commercial data operator; and ``(C) any other item that the Commission determines, by rule, is necessary or useful for the protection of investors and in the public interest. ``(B) Considerations.--In developing the method under subparagraph (A), the Commission shall promote comparability in calculating the value of data across commercial data operators that utilize user data in a similar manner while taking into account the potential need to develop distinct methods for calculating the value of data for different uses, sectors, and business models.''. ( b) Qualitative Disclosure.--Not later than 1 year after the date of enactment of this subsection, the Commission shall amend section 229.306 of title 17, Code of Federal Regulations, to require a commercial data operator that is an issuer subject to section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 2) Rulemaking.--Not later than 180 days after the date on which the report required under paragraph (1) is submitted, the Commission shall promulgate a proposed regulation implementing the recommendations described in paragraph (1)(D).

To require the Securities and Exchange Commission to promulgate regulations relating to the disclosure of certain commercial data, and for other purposes. 3) Other definitions.--The terms ``commercial data operator'', ``user'', and ``user data'' have the meaning given those terms, respectively, under section 13(s)(1) of the Securities Exchange Act of 1934. (2) Deletion exceptions.-- (A) In general.--A commercial data operator shall comply with a user directive to delete, in whole or in part, the data of the user except-- (i) in cases where there is a legal obligation of the commercial data operator to maintain the data; (ii) for the establishment, exercise, or defense of legal claims; or (iii) if the data is necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or assist in the prosecution of those responsible for such activity. ( ii) Privileges and immunities.--Any person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). ( ``(B) User.--The term `user' means an individual consumer who uses an online service designed for consumer use by a commercial data operator. ``(2) Disclosure.--Each issuer that is, or is a consolidated subsidiary of, a commercial data operator and is required to file an annual or quarterly report under subsection (a) shall disclose in that report the aggregate value, if material, of-- ``(A) user data that the commercial data operator holds; ``(B) contracts with third parties for the collection of user data through the online service provided by the commercial data operator; and ``(C) any other item that the Commission determines, by rule, is necessary or useful for the protection of investors and in the public interest. ``(B) Considerations.--In developing the method under subparagraph (A), the Commission shall promote comparability in calculating the value of data across commercial data operators that utilize user data in a similar manner while taking into account the potential need to develop distinct methods for calculating the value of data for different uses, sectors, and business models.''. ( 2) Rulemaking.--Not later than 180 days after the date on which the report required under paragraph (1) is submitted, the Commission shall promulgate a proposed regulation implementing the recommendations described in paragraph (1)(D).

To require the Securities and Exchange Commission to promulgate regulations relating to the disclosure of certain commercial data, and for other purposes. 3) Availability.--A commercial data operator shall ensure that all disclosures required under paragraph (1) are available to a user of the commercial data operator-- (A) on and after the date on which the commercial data operator makes the identification; and (B) through any normal mechanism by which a user may interact with the online service provided by the commercial data operator. ( (B) Powers of federal trade commission.-- (i) In general.--The Federal Trade Commission shall enforce this subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) ``(2) Disclosure.--Each issuer that is, or is a consolidated subsidiary of, a commercial data operator and is required to file an annual or quarterly report under subsection (a) shall disclose in that report the aggregate value, if material, of-- ``(A) user data that the commercial data operator holds; ``(B) contracts with third parties for the collection of user data through the online service provided by the commercial data operator; and ``(C) any other item that the Commission determines, by rule, is necessary or useful for the protection of investors and in the public interest. ``(B) Considerations.--In developing the method under subparagraph (A), the Commission shall promote comparability in calculating the value of data across commercial data operators that utilize user data in a similar manner while taking into account the potential need to develop distinct methods for calculating the value of data for different uses, sectors, and business models.''. ( b) Qualitative Disclosure.--Not later than 1 year after the date of enactment of this subsection, the Commission shall amend section 229.306 of title 17, Code of Federal Regulations, to require a commercial data operator that is an issuer subject to section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 2) Rulemaking.--Not later than 180 days after the date on which the report required under paragraph (1) is submitted, the Commission shall promulgate a proposed regulation implementing the recommendations described in paragraph (1)(D).

To require the Securities and Exchange Commission to promulgate regulations relating to the disclosure of certain commercial data, and for other purposes. ``(2) Disclosure.--Each issuer that is, or is a consolidated subsidiary of, a commercial data operator and is required to file an annual or quarterly report under subsection (a) shall disclose in that report the aggregate value, if material, of-- ``(A) user data that the commercial data operator holds; ``(B) contracts with third parties for the collection of user data through the online service provided by the commercial data operator; and ``(C) any other item that the Commission determines, by rule, is necessary or useful for the protection of investors and in the public interest. ( 2) Rulemaking.--Not later than 180 days after the date on which the report required under paragraph (1) is submitted, the Commission shall promulgate a proposed regulation implementing the recommendations described in paragraph (1)(D).

To require the Securities and Exchange Commission to promulgate regulations relating to the disclosure of certain commercial data, and for other purposes. 3) Availability.--A commercial data operator shall ensure that all disclosures required under paragraph (1) are available to a user of the commercial data operator-- (A) on and after the date on which the commercial data operator makes the identification; and (B) through any normal mechanism by which a user may interact with the online service provided by the commercial data operator. ( ( ``(B) Considerations.--In developing the method under subparagraph (A), the Commission shall promote comparability in calculating the value of data across commercial data operators that utilize user data in a similar manner while taking into account the potential need to develop distinct methods for calculating the value of data for different uses, sectors, and business models.''. ( b) Qualitative Disclosure.--Not later than 1 year after the date of enactment of this subsection, the Commission shall amend section 229.306 of title 17, Code of Federal Regulations, to require a commercial data operator that is an issuer subject to section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 2) Rulemaking.--Not later than 180 days after the date on which the report required under paragraph (1) is submitted, the Commission shall promulgate a proposed regulation implementing the recommendations described in paragraph (1)(D).

Designing Accounting Safeguards to Help Broaden Oversight And Regulations on Data Act of 2022 or the DASHBOARD Act of 2012 - Amends the Securities Exchange Act of 1934 to require the Securities and Exchange Commission (SEC) to promulgate regulations relating to the disclosure of certain commercial data, and for other purposes. (Sec. 3) Requires a commercial data operator to: ( Directs the Federal Trade Commission (FTC) to: (1) require a commercial data operator that is an issuer subject to the Securities Exchange Act of 1934 (SEC) to provide quantitative and qualitative disclosures about the value of user data held, including technical and legal measures in place to protect user data; (2) assess financial and legal risks associated with storing the type and quantity of

S.4263

Crime and Law Enforcement

Federal Firearm Licensing Act This bill establishes a federal firearm licensing program through which an individual must obtain a federal firearm license from the Department of Justice prior to purchasing or receiving a firearm. To be eligible for such a license, the individual must have completed training in firearms safety and be subject to a background investigation and criminal history check.

To amend title 18, United States Code, to require licenses to acquire or receive firearms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Firearm Licensing Act''. SEC. 2. LICENSE FOR THE PURCHASE OF FIREARMS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. License for the acquisition or receipt of firearms ``(a) In General.--Except as provided in subsection (d), it shall be unlawful for any individual to purchase or receive a firearm unless the individual has a valid Federal firearm license. ``(b) Establishment of Federal License To Purchase or Receive Firearms.-- ``(1) In general.--The Attorney General shall establish a Federal system for issuing a Federal firearm license to eligible individuals for firearms transferred to such individual. ``(2) Requirements.--The system established under paragraph (1) shall require that-- ``(A) an individual shall be eligible to receive such a license if the individual-- ``(i) has completed training in firearms safety, including-- ``(I) a written test, to demonstrate knowledge of applicable firearms laws; and ``(II) hands-on testing, including firing testing, to demonstrate safe use and sufficient accuracy of a firearm; and ``(ii) as part of the process for applying for such a license-- ``(I) has submitted to a background investigation and criminal history check of the individual; ``(II) has submitted proof of identity; ``(III) has submitted the fingerprints of the individual; and ``(IV) has submitted identifying information on the firearm that the person intends to obtain, including the make, model, and serial number, and the identity of the firearm seller or transferor; ``(B) a license issued under the system is available at a designated local office, which shall be located in both urban and rural areas; ``(C) the Attorney General shall issue or deny a license under this section not later than 30 days after the date on which the application for such license is received; ``(D) each license issued under this section shall be valid for the purchase of a single firearm, which shall be purchased not later than 30 days after the date on which the license is issued; ``(E) a license issued under the system shall expire on the date that is 5 years after the date on which the license was issued; and ``(F) the Attorney General shall provide notice of an application for a license under this section to the relevant State and local officials. ``(3) Background investigation.-- ``(A) In general.--Before issuing a license under this section, the Attorney General shall-- ``(i) conduct a background investigation on the applicant; and ``(ii) deny any license if receipt of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. ``(B) Poses a danger of bodily injury.-- ``(i) Information from state and local officials.--After receiving the notice described in paragraph (2)(F), relevant State and local officials may submit to the Attorney General information demonstrating that the individual poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm. ``(ii) Denial.-- ``(I) In general.--The Attorney General may deny a license under this section if the Attorney General determines that the applicant poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm, after examining factors the Attorney General considers are relevant to the determination, including-- ``(aa) history of threats or acts of violence toward self or others; ``(bb) history of use, attempted use, or threatened use of physical force by the applicant against another person; ``(cc) whether the applicant is the subject of or has violated a domestic violence or stalking restraining order or protection order; ``(dd) any prior arrest, pending charge, or conviction for a violent or serious crime or disorderly persons offense, stalking offense, or domestic violence offense; ``(ee) any prior arrest, pending charge, or conviction for an offense involving cruelty to animals; ``(ff) history of drug or alcohol abuse or involvement in drug trafficking; ``(gg) any recent acquisition of firearms, ammunition, or other deadly weapons; and ``(hh) involvement in firearms trafficking or unlawful firearms transfers; and ``(ii) history of unsafe storage or handling of firearms. ``(II) Judicial review.--An applicant denied a license under subclause (I) may file an action in the appropriate district court of the United States for seeking review of the denial. ``(C) Rule of construction.--Nothing in this paragraph may be construed to modify any other requirement for a background investigation relating to the acquisition or receipt of a firearm in effect on the day before the date of enactment of this section. ``(4) Revocation.-- ``(A) In general.--The Attorney General shall revoke a license issued under this section if the Attorney General determines that-- ``(i) the licensee poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm; or ``(ii) after a regular background investigation conducted by the Attorney General, the possession of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. ``(B) Notice and opportunity for a hearing.-- ``(i) Notice.--Upon determining that the licensee should have their license revoked under subparagraph (A), the Attorney General shall provide notice to the licensee and to relevant State and local officials of the determination. ``(ii) Hearing.--For revocations under subparagraph (A)(i), the Attorney General shall provide a licensee an opportunity for a hearing in the appropriate district court of the United States not later than 30 days after the date on which a license is revoked under this paragraph to appeal the revocation. ``(C) Procedures.--The Attorney General shall establish procedures to ensure that any firearm is removed from any individual when the individual's license is revoked under this paragraph. ``(D) Return of firearms.--A firearm removed under the procedures established under subparagraph (C) may be returned to the individual only if the individual's license is reinstated. ``(5) Renewal.--The Attorney General shall establish procedures for the renewal of a license that requires that the applicant satisfies the requirements described in paragraph (2). ``(6) Enrollment in rap back.--The Attorney General shall enroll each individual who is issued a license under this section in the Rap Back service. ``(c) Recordkeeping .--It shall be unlawful for any individual to sell or otherwise dispose of a firearm to a person unless the individual reports the transaction to the Attorney General not later than 3 business days after the date on which the firearm is sold or transferred, which shall include identifying information on the firearm seller and on the firearm transferee, including the make, model, and serial number. ``(d) State Licenses.-- ``(1) In general.--Subsection (a) shall not apply to an individual in a State if the Attorney General determines that the State has a process for issuing a State firearm license to eligible individuals in the State with substantially similar requirements to those described in subsection (b). ``(e) Regulations.--The Attorney General may promulgate regulations that the Attorney General determines are necessary to carry out this section.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by adding at the end the following: ``932. License for the acquisition or receipt of firearms.''. SEC. 3. POINT-OF-SALE BACKGROUND CHECK. Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Point-of-Sale Background Checks.-- ``(1) In general.--It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). ``(2) Compliance.--Upon taking possession of a firearm under paragraph (1), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee. ``(3) Return.--If a transfer of a firearm described in paragraph (1) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter.''. SEC. 4. PROHIBITION ON TRANSFER TO CERTAIN UNLICENSED PERSONS. Section 922 of title 18, United States Code, as amended by section 3 of this Act, is amended by adding at the end the following: ``(bb) Prohibition on Transfer to Certain Unlicensed Persons.--It shall be unlawful for any person to-- ``(1) sell or otherwise dispose of a firearm to any person if such person does not have a license issued under section 932 or a substantially similar State law, as determined by the Attorney General, during the previous 30 days; or ``(2) fail to report to the relevant law enforcement agencies the sale or disposal described in paragraph (1).''. <all>

Federal Firearm Licensing Act

A bill to amend title 18, United States Code, to require licenses to acquire or receive firearms, and for other purposes.

Federal Firearm Licensing Act

Sen. Booker, Cory A.

D

NJ

This bill establishes a federal firearm licensing program through which an individual must obtain a federal firearm license from the Department of Justice prior to purchasing or receiving a firearm. To be eligible for such a license, the individual must have completed training in firearms safety and be subject to a background investigation and criminal history check.

SHORT TITLE. This Act may be cited as the ``Federal Firearm Licensing Act''. 2. LICENSE FOR THE PURCHASE OF FIREARMS. ``(B) Poses a danger of bodily injury.-- ``(i) Information from state and local officials.--After receiving the notice described in paragraph (2)(F), relevant State and local officials may submit to the Attorney General information demonstrating that the individual poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm. ``(ii) Denial.-- ``(I) In general.--The Attorney General may deny a license under this section if the Attorney General determines that the applicant poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm, after examining factors the Attorney General considers are relevant to the determination, including-- ``(aa) history of threats or acts of violence toward self or others; ``(bb) history of use, attempted use, or threatened use of physical force by the applicant against another person; ``(cc) whether the applicant is the subject of or has violated a domestic violence or stalking restraining order or protection order; ``(dd) any prior arrest, pending charge, or conviction for a violent or serious crime or disorderly persons offense, stalking offense, or domestic violence offense; ``(ee) any prior arrest, pending charge, or conviction for an offense involving cruelty to animals; ``(ff) history of drug or alcohol abuse or involvement in drug trafficking; ``(gg) any recent acquisition of firearms, ammunition, or other deadly weapons; and ``(hh) involvement in firearms trafficking or unlawful firearms transfers; and ``(ii) history of unsafe storage or handling of firearms. ``(ii) Hearing.--For revocations under subparagraph (A)(i), the Attorney General shall provide a licensee an opportunity for a hearing in the appropriate district court of the United States not later than 30 days after the date on which a license is revoked under this paragraph to appeal the revocation. ``(d) State Licenses.-- ``(1) In general.--Subsection (a) shall not apply to an individual in a State if the Attorney General determines that the State has a process for issuing a State firearm license to eligible individuals in the State with substantially similar requirements to those described in subsection (b). (b) Clerical Amendment.--The table of sections for such chapter is amended by adding at the end the following: ``932. License for the acquisition or receipt of firearms.''. 3. POINT-OF-SALE BACKGROUND CHECK. Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Point-of-Sale Background Checks.-- ``(1) In general.--It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). SEC. 4. PROHIBITION ON TRANSFER TO CERTAIN UNLICENSED PERSONS.

SHORT TITLE. This Act may be cited as the ``Federal Firearm Licensing Act''. 2. LICENSE FOR THE PURCHASE OF FIREARMS. ``(B) Poses a danger of bodily injury.-- ``(i) Information from state and local officials.--After receiving the notice described in paragraph (2)(F), relevant State and local officials may submit to the Attorney General information demonstrating that the individual poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm. ``(ii) Hearing.--For revocations under subparagraph (A)(i), the Attorney General shall provide a licensee an opportunity for a hearing in the appropriate district court of the United States not later than 30 days after the date on which a license is revoked under this paragraph to appeal the revocation. ``(d) State Licenses.-- ``(1) In general.--Subsection (a) shall not apply to an individual in a State if the Attorney General determines that the State has a process for issuing a State firearm license to eligible individuals in the State with substantially similar requirements to those described in subsection (b). (b) Clerical Amendment.--The table of sections for such chapter is amended by adding at the end the following: ``932. License for the acquisition or receipt of firearms.''. 3. POINT-OF-SALE BACKGROUND CHECK. Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Point-of-Sale Background Checks.-- ``(1) In general.--It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). SEC. 4. PROHIBITION ON TRANSFER TO CERTAIN UNLICENSED PERSONS.

To amend title 18, United States Code, to require licenses to acquire or receive firearms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Firearm Licensing Act''. 2. LICENSE FOR THE PURCHASE OF FIREARMS. ``(3) Background investigation.-- ``(A) In general.--Before issuing a license under this section, the Attorney General shall-- ``(i) conduct a background investigation on the applicant; and ``(ii) deny any license if receipt of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. ``(B) Poses a danger of bodily injury.-- ``(i) Information from state and local officials.--After receiving the notice described in paragraph (2)(F), relevant State and local officials may submit to the Attorney General information demonstrating that the individual poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm. ``(ii) Denial.-- ``(I) In general.--The Attorney General may deny a license under this section if the Attorney General determines that the applicant poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm, after examining factors the Attorney General considers are relevant to the determination, including-- ``(aa) history of threats or acts of violence toward self or others; ``(bb) history of use, attempted use, or threatened use of physical force by the applicant against another person; ``(cc) whether the applicant is the subject of or has violated a domestic violence or stalking restraining order or protection order; ``(dd) any prior arrest, pending charge, or conviction for a violent or serious crime or disorderly persons offense, stalking offense, or domestic violence offense; ``(ee) any prior arrest, pending charge, or conviction for an offense involving cruelty to animals; ``(ff) history of drug or alcohol abuse or involvement in drug trafficking; ``(gg) any recent acquisition of firearms, ammunition, or other deadly weapons; and ``(hh) involvement in firearms trafficking or unlawful firearms transfers; and ``(ii) history of unsafe storage or handling of firearms. ``(ii) Hearing.--For revocations under subparagraph (A)(i), the Attorney General shall provide a licensee an opportunity for a hearing in the appropriate district court of the United States not later than 30 days after the date on which a license is revoked under this paragraph to appeal the revocation. ``(D) Return of firearms.--A firearm removed under the procedures established under subparagraph (C) may be returned to the individual only if the individual's license is reinstated. ``(5) Renewal.--The Attorney General shall establish procedures for the renewal of a license that requires that the applicant satisfies the requirements described in paragraph (2). ``(6) Enrollment in rap back.--The Attorney General shall enroll each individual who is issued a license under this section in the Rap Back service. ``(c) Recordkeeping .--It shall be unlawful for any individual to sell or otherwise dispose of a firearm to a person unless the individual reports the transaction to the Attorney General not later than 3 business days after the date on which the firearm is sold or transferred, which shall include identifying information on the firearm seller and on the firearm transferee, including the make, model, and serial number. ``(d) State Licenses.-- ``(1) In general.--Subsection (a) shall not apply to an individual in a State if the Attorney General determines that the State has a process for issuing a State firearm license to eligible individuals in the State with substantially similar requirements to those described in subsection (b). ``(e) Regulations.--The Attorney General may promulgate regulations that the Attorney General determines are necessary to carry out this section.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by adding at the end the following: ``932. License for the acquisition or receipt of firearms.''. 3. POINT-OF-SALE BACKGROUND CHECK. Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Point-of-Sale Background Checks.-- ``(1) In general.--It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). SEC. 4. PROHIBITION ON TRANSFER TO CERTAIN UNLICENSED PERSONS.

To amend title 18, United States Code, to require licenses to acquire or receive firearms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Firearm Licensing Act''. 2. LICENSE FOR THE PURCHASE OF FIREARMS. ``(3) Background investigation.-- ``(A) In general.--Before issuing a license under this section, the Attorney General shall-- ``(i) conduct a background investigation on the applicant; and ``(ii) deny any license if receipt of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. ``(B) Poses a danger of bodily injury.-- ``(i) Information from state and local officials.--After receiving the notice described in paragraph (2)(F), relevant State and local officials may submit to the Attorney General information demonstrating that the individual poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm. ``(ii) Denial.-- ``(I) In general.--The Attorney General may deny a license under this section if the Attorney General determines that the applicant poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm, after examining factors the Attorney General considers are relevant to the determination, including-- ``(aa) history of threats or acts of violence toward self or others; ``(bb) history of use, attempted use, or threatened use of physical force by the applicant against another person; ``(cc) whether the applicant is the subject of or has violated a domestic violence or stalking restraining order or protection order; ``(dd) any prior arrest, pending charge, or conviction for a violent or serious crime or disorderly persons offense, stalking offense, or domestic violence offense; ``(ee) any prior arrest, pending charge, or conviction for an offense involving cruelty to animals; ``(ff) history of drug or alcohol abuse or involvement in drug trafficking; ``(gg) any recent acquisition of firearms, ammunition, or other deadly weapons; and ``(hh) involvement in firearms trafficking or unlawful firearms transfers; and ``(ii) history of unsafe storage or handling of firearms. ``(ii) Hearing.--For revocations under subparagraph (A)(i), the Attorney General shall provide a licensee an opportunity for a hearing in the appropriate district court of the United States not later than 30 days after the date on which a license is revoked under this paragraph to appeal the revocation. ``(D) Return of firearms.--A firearm removed under the procedures established under subparagraph (C) may be returned to the individual only if the individual's license is reinstated. ``(5) Renewal.--The Attorney General shall establish procedures for the renewal of a license that requires that the applicant satisfies the requirements described in paragraph (2). ``(6) Enrollment in rap back.--The Attorney General shall enroll each individual who is issued a license under this section in the Rap Back service. ``(c) Recordkeeping .--It shall be unlawful for any individual to sell or otherwise dispose of a firearm to a person unless the individual reports the transaction to the Attorney General not later than 3 business days after the date on which the firearm is sold or transferred, which shall include identifying information on the firearm seller and on the firearm transferee, including the make, model, and serial number. ``(d) State Licenses.-- ``(1) In general.--Subsection (a) shall not apply to an individual in a State if the Attorney General determines that the State has a process for issuing a State firearm license to eligible individuals in the State with substantially similar requirements to those described in subsection (b). ``(e) Regulations.--The Attorney General may promulgate regulations that the Attorney General determines are necessary to carry out this section.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by adding at the end the following: ``932. License for the acquisition or receipt of firearms.''. 3. POINT-OF-SALE BACKGROUND CHECK. Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Point-of-Sale Background Checks.-- ``(1) In general.--It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). SEC. 4. PROHIBITION ON TRANSFER TO CERTAIN UNLICENSED PERSONS.

To amend title 18, United States Code, to require licenses to acquire or receive firearms, and for other purposes. License for the acquisition or receipt of firearms ``(a) In General.--Except as provided in subsection (d), it shall be unlawful for any individual to purchase or receive a firearm unless the individual has a valid Federal firearm license. ``(3) Background investigation.-- ``(A) In general.--Before issuing a license under this section, the Attorney General shall-- ``(i) conduct a background investigation on the applicant; and ``(ii) deny any license if receipt of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. ``(B) Poses a danger of bodily injury.-- ``(i) Information from state and local officials.--After receiving the notice described in paragraph (2)(F), relevant State and local officials may submit to the Attorney General information demonstrating that the individual poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm. ``(II) Judicial review.--An applicant denied a license under subclause (I) may file an action in the appropriate district court of the United States for seeking review of the denial. ``(C) Rule of construction.--Nothing in this paragraph may be construed to modify any other requirement for a background investigation relating to the acquisition or receipt of a firearm in effect on the day before the date of enactment of this section. ``(ii) Hearing.--For revocations under subparagraph (A)(i), the Attorney General shall provide a licensee an opportunity for a hearing in the appropriate district court of the United States not later than 30 days after the date on which a license is revoked under this paragraph to appeal the revocation. ``(D) Return of firearms.--A firearm removed under the procedures established under subparagraph (C) may be returned to the individual only if the individual's license is reinstated. ``(5) Renewal.--The Attorney General shall establish procedures for the renewal of a license that requires that the applicant satisfies the requirements described in paragraph (2). POINT-OF-SALE BACKGROUND CHECK. Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Point-of-Sale Background Checks.-- ``(1) In general.--It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). Section 922 of title 18, United States Code, as amended by section 3 of this Act, is amended by adding at the end the following: ``(bb) Prohibition on Transfer to Certain Unlicensed Persons.--It shall be unlawful for any person to-- ``(1) sell or otherwise dispose of a firearm to any person if such person does not have a license issued under section 932 or a substantially similar State law, as determined by the Attorney General, during the previous 30 days; or ``(2) fail to report to the relevant law enforcement agencies the sale or disposal described in paragraph (1).''.

To amend title 18, United States Code, to require licenses to acquire or receive firearms, and for other purposes. License for the acquisition or receipt of firearms ``(a) In General.--Except as provided in subsection (d), it shall be unlawful for any individual to purchase or receive a firearm unless the individual has a valid Federal firearm license. ``(3) Background investigation.-- ``(A) In general.--Before issuing a license under this section, the Attorney General shall-- ``(i) conduct a background investigation on the applicant; and ``(ii) deny any license if receipt of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. ``(B) Poses a danger of bodily injury.-- ``(i) Information from state and local officials.--After receiving the notice described in paragraph (2)(F), relevant State and local officials may submit to the Attorney General information demonstrating that the individual poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm. ``(II) Judicial review.--An applicant denied a license under subclause (I) may file an action in the appropriate district court of the United States for seeking review of the denial. ``(4) Revocation.-- ``(A) In general.--The Attorney General shall revoke a license issued under this section if the Attorney General determines that-- ``(i) the licensee poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm; or ``(ii) after a regular background investigation conducted by the Attorney General, the possession of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. ``(ii) Hearing.--For revocations under subparagraph (A)(i), the Attorney General shall provide a licensee an opportunity for a hearing in the appropriate district court of the United States not later than 30 days after the date on which a license is revoked under this paragraph to appeal the revocation. ``(d) State Licenses.-- ``(1) In general.--Subsection (a) shall not apply to an individual in a State if the Attorney General determines that the State has a process for issuing a State firearm license to eligible individuals in the State with substantially similar requirements to those described in subsection (b). Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Point-of-Sale Background Checks.-- ``(1) In general.--It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). Section 922 of title 18, United States Code, as amended by section 3 of this Act, is amended by adding at the end the following: ``(bb) Prohibition on Transfer to Certain Unlicensed Persons.--It shall be unlawful for any person to-- ``(1) sell or otherwise dispose of a firearm to any person if such person does not have a license issued under section 932 or a substantially similar State law, as determined by the Attorney General, during the previous 30 days; or ``(2) fail to report to the relevant law enforcement agencies the sale or disposal described in paragraph (1).''.

To amend title 18, United States Code, to require licenses to acquire or receive firearms, and for other purposes. License for the acquisition or receipt of firearms ``(a) In General.--Except as provided in subsection (d), it shall be unlawful for any individual to purchase or receive a firearm unless the individual has a valid Federal firearm license. ``(3) Background investigation.-- ``(A) In general.--Before issuing a license under this section, the Attorney General shall-- ``(i) conduct a background investigation on the applicant; and ``(ii) deny any license if receipt of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. ``(B) Poses a danger of bodily injury.-- ``(i) Information from state and local officials.--After receiving the notice described in paragraph (2)(F), relevant State and local officials may submit to the Attorney General information demonstrating that the individual poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm. ``(II) Judicial review.--An applicant denied a license under subclause (I) may file an action in the appropriate district court of the United States for seeking review of the denial. ``(4) Revocation.-- ``(A) In general.--The Attorney General shall revoke a license issued under this section if the Attorney General determines that-- ``(i) the licensee poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm; or ``(ii) after a regular background investigation conducted by the Attorney General, the possession of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. ``(ii) Hearing.--For revocations under subparagraph (A)(i), the Attorney General shall provide a licensee an opportunity for a hearing in the appropriate district court of the United States not later than 30 days after the date on which a license is revoked under this paragraph to appeal the revocation. ``(d) State Licenses.-- ``(1) In general.--Subsection (a) shall not apply to an individual in a State if the Attorney General determines that the State has a process for issuing a State firearm license to eligible individuals in the State with substantially similar requirements to those described in subsection (b). Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Point-of-Sale Background Checks.-- ``(1) In general.--It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). Section 922 of title 18, United States Code, as amended by section 3 of this Act, is amended by adding at the end the following: ``(bb) Prohibition on Transfer to Certain Unlicensed Persons.--It shall be unlawful for any person to-- ``(1) sell or otherwise dispose of a firearm to any person if such person does not have a license issued under section 932 or a substantially similar State law, as determined by the Attorney General, during the previous 30 days; or ``(2) fail to report to the relevant law enforcement agencies the sale or disposal described in paragraph (1).''.

To amend title 18, United States Code, to require licenses to acquire or receive firearms, and for other purposes. License for the acquisition or receipt of firearms ``(a) In General.--Except as provided in subsection (d), it shall be unlawful for any individual to purchase or receive a firearm unless the individual has a valid Federal firearm license. ``(3) Background investigation.-- ``(A) In general.--Before issuing a license under this section, the Attorney General shall-- ``(i) conduct a background investigation on the applicant; and ``(ii) deny any license if receipt of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. ``(B) Poses a danger of bodily injury.-- ``(i) Information from state and local officials.--After receiving the notice described in paragraph (2)(F), relevant State and local officials may submit to the Attorney General information demonstrating that the individual poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm. ``(II) Judicial review.--An applicant denied a license under subclause (I) may file an action in the appropriate district court of the United States for seeking review of the denial. ``(C) Rule of construction.--Nothing in this paragraph may be construed to modify any other requirement for a background investigation relating to the acquisition or receipt of a firearm in effect on the day before the date of enactment of this section. ``(ii) Hearing.--For revocations under subparagraph (A)(i), the Attorney General shall provide a licensee an opportunity for a hearing in the appropriate district court of the United States not later than 30 days after the date on which a license is revoked under this paragraph to appeal the revocation. ``(D) Return of firearms.--A firearm removed under the procedures established under subparagraph (C) may be returned to the individual only if the individual's license is reinstated. ``(5) Renewal.--The Attorney General shall establish procedures for the renewal of a license that requires that the applicant satisfies the requirements described in paragraph (2). POINT-OF-SALE BACKGROUND CHECK. Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Point-of-Sale Background Checks.-- ``(1) In general.--It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). Section 922 of title 18, United States Code, as amended by section 3 of this Act, is amended by adding at the end the following: ``(bb) Prohibition on Transfer to Certain Unlicensed Persons.--It shall be unlawful for any person to-- ``(1) sell or otherwise dispose of a firearm to any person if such person does not have a license issued under section 932 or a substantially similar State law, as determined by the Attorney General, during the previous 30 days; or ``(2) fail to report to the relevant law enforcement agencies the sale or disposal described in paragraph (1).''.

To amend title 18, United States Code, to require licenses to acquire or receive firearms, and for other purposes. License for the acquisition or receipt of firearms ``(a) In General.--Except as provided in subsection (d), it shall be unlawful for any individual to purchase or receive a firearm unless the individual has a valid Federal firearm license. ``(3) Background investigation.-- ``(A) In general.--Before issuing a license under this section, the Attorney General shall-- ``(i) conduct a background investigation on the applicant; and ``(ii) deny any license if receipt of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. ``(B) Poses a danger of bodily injury.-- ``(i) Information from state and local officials.--After receiving the notice described in paragraph (2)(F), relevant State and local officials may submit to the Attorney General information demonstrating that the individual poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm. ``(II) Judicial review.--An applicant denied a license under subclause (I) may file an action in the appropriate district court of the United States for seeking review of the denial. ``(4) Revocation.-- ``(A) In general.--The Attorney General shall revoke a license issued under this section if the Attorney General determines that-- ``(i) the licensee poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm; or ``(ii) after a regular background investigation conducted by the Attorney General, the possession of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. ``(ii) Hearing.--For revocations under subparagraph (A)(i), the Attorney General shall provide a licensee an opportunity for a hearing in the appropriate district court of the United States not later than 30 days after the date on which a license is revoked under this paragraph to appeal the revocation. ``(d) State Licenses.-- ``(1) In general.--Subsection (a) shall not apply to an individual in a State if the Attorney General determines that the State has a process for issuing a State firearm license to eligible individuals in the State with substantially similar requirements to those described in subsection (b). Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Point-of-Sale Background Checks.-- ``(1) In general.--It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). Section 922 of title 18, United States Code, as amended by section 3 of this Act, is amended by adding at the end the following: ``(bb) Prohibition on Transfer to Certain Unlicensed Persons.--It shall be unlawful for any person to-- ``(1) sell or otherwise dispose of a firearm to any person if such person does not have a license issued under section 932 or a substantially similar State law, as determined by the Attorney General, during the previous 30 days; or ``(2) fail to report to the relevant law enforcement agencies the sale or disposal described in paragraph (1).''.

To amend title 18, United States Code, to require licenses to acquire or receive firearms, and for other purposes. License for the acquisition or receipt of firearms ``(a) In General.--Except as provided in subsection (d), it shall be unlawful for any individual to purchase or receive a firearm unless the individual has a valid Federal firearm license. ``(3) Background investigation.-- ``(A) In general.--Before issuing a license under this section, the Attorney General shall-- ``(i) conduct a background investigation on the applicant; and ``(ii) deny any license if receipt of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. ``(B) Poses a danger of bodily injury.-- ``(i) Information from state and local officials.--After receiving the notice described in paragraph (2)(F), relevant State and local officials may submit to the Attorney General information demonstrating that the individual poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm. ``(II) Judicial review.--An applicant denied a license under subclause (I) may file an action in the appropriate district court of the United States for seeking review of the denial. ``(C) Rule of construction.--Nothing in this paragraph may be construed to modify any other requirement for a background investigation relating to the acquisition or receipt of a firearm in effect on the day before the date of enactment of this section. ``(ii) Hearing.--For revocations under subparagraph (A)(i), the Attorney General shall provide a licensee an opportunity for a hearing in the appropriate district court of the United States not later than 30 days after the date on which a license is revoked under this paragraph to appeal the revocation. ``(D) Return of firearms.--A firearm removed under the procedures established under subparagraph (C) may be returned to the individual only if the individual's license is reinstated. ``(5) Renewal.--The Attorney General shall establish procedures for the renewal of a license that requires that the applicant satisfies the requirements described in paragraph (2). POINT-OF-SALE BACKGROUND CHECK. Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Point-of-Sale Background Checks.-- ``(1) In general.--It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). Section 922 of title 18, United States Code, as amended by section 3 of this Act, is amended by adding at the end the following: ``(bb) Prohibition on Transfer to Certain Unlicensed Persons.--It shall be unlawful for any person to-- ``(1) sell or otherwise dispose of a firearm to any person if such person does not have a license issued under section 932 or a substantially similar State law, as determined by the Attorney General, during the previous 30 days; or ``(2) fail to report to the relevant law enforcement agencies the sale or disposal described in paragraph (1).''.

To amend title 18, United States Code, to require licenses to acquire or receive firearms, and for other purposes. ``(4) Revocation.-- ``(A) In general.--The Attorney General shall revoke a license issued under this section if the Attorney General determines that-- ``(i) the licensee poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm; or ``(ii) after a regular background investigation conducted by the Attorney General, the possession of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Point-of-Sale Background Checks.-- ``(1) In general.--It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). Section 922 of title 18, United States Code, as amended by section 3 of this Act, is amended by adding at the end the following: ``(bb) Prohibition on Transfer to Certain Unlicensed Persons.--It shall be unlawful for any person to-- ``(1) sell or otherwise dispose of a firearm to any person if such person does not have a license issued under section 932 or a substantially similar State law, as determined by the Attorney General, during the previous 30 days; or ``(2) fail to report to the relevant law enforcement agencies the sale or disposal described in paragraph (1). ''.

To amend title 18, United States Code, to require licenses to acquire or receive firearms, and for other purposes. ``(B) Poses a danger of bodily injury.-- ``(i) Information from state and local officials.--After receiving the notice described in paragraph (2)(F), relevant State and local officials may submit to the Attorney General information demonstrating that the individual poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm. ``(ii) Hearing.--For revocations under subparagraph (A)(i), the Attorney General shall provide a licensee an opportunity for a hearing in the appropriate district court of the United States not later than 30 days after the date on which a license is revoked under this paragraph to appeal the revocation. Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Point-of-Sale Background Checks.-- ``(1) In general.--It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). Section 922 of title 18, United States Code, as amended by section 3 of this Act, is amended by adding at the end the following: ``(bb) Prohibition on Transfer to Certain Unlicensed Persons.--It shall be unlawful for any person to-- ``(1) sell or otherwise dispose of a firearm to any person if such person does not have a license issued under section 932 or a substantially similar State law, as determined by the Attorney General, during the previous 30 days; or ``(2) fail to report to the relevant law enforcement agencies the sale or disposal described in paragraph (1). ''.

To amend title 18, United States Code, to require licenses to acquire or receive firearms, and for other purposes. ``(4) Revocation.-- ``(A) In general.--The Attorney General shall revoke a license issued under this section if the Attorney General determines that-- ``(i) the licensee poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm; or ``(ii) after a regular background investigation conducted by the Attorney General, the possession of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Point-of-Sale Background Checks.-- ``(1) In general.--It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). Section 922 of title 18, United States Code, as amended by section 3 of this Act, is amended by adding at the end the following: ``(bb) Prohibition on Transfer to Certain Unlicensed Persons.--It shall be unlawful for any person to-- ``(1) sell or otherwise dispose of a firearm to any person if such person does not have a license issued under section 932 or a substantially similar State law, as determined by the Attorney General, during the previous 30 days; or ``(2) fail to report to the relevant law enforcement agencies the sale or disposal described in paragraph (1). ''.

To amend title 18, United States Code, to require licenses to acquire or receive firearms, and for other purposes. ``(B) Poses a danger of bodily injury.-- ``(i) Information from state and local officials.--After receiving the notice described in paragraph (2)(F), relevant State and local officials may submit to the Attorney General information demonstrating that the individual poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm. ``(ii) Hearing.--For revocations under subparagraph (A)(i), the Attorney General shall provide a licensee an opportunity for a hearing in the appropriate district court of the United States not later than 30 days after the date on which a license is revoked under this paragraph to appeal the revocation. Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Point-of-Sale Background Checks.-- ``(1) In general.--It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). Section 922 of title 18, United States Code, as amended by section 3 of this Act, is amended by adding at the end the following: ``(bb) Prohibition on Transfer to Certain Unlicensed Persons.--It shall be unlawful for any person to-- ``(1) sell or otherwise dispose of a firearm to any person if such person does not have a license issued under section 932 or a substantially similar State law, as determined by the Attorney General, during the previous 30 days; or ``(2) fail to report to the relevant law enforcement agencies the sale or disposal described in paragraph (1). ''.

Federal Firearm Licensing Act - Prohibits any individual from purchasing or receiving a firearm unless the individual has a valid Federal firearm license. Requires the Attorney General to establish a Federal system for issuing a federal firearm license to eligible individuals for firearms transferred to such individual. Requires that an individual be eligible to receive such a license if the individual: (1) has completed training in firearms safety Amends the Federal criminal code to prohibit: (1) any person who is not a licensed importer, manufacturer, or dealer from transferring a firearm to any other person, unless such person has first taken possession of the firearm for the purpose of complying with this Act; and (2) a licensee from complying with all requirements of this Act as if the licensee were transferring the firearm from

S.327

Commerce

Border Business COVID-19 Rescue Act This bill requires the Small Business Administration to establish a loan program to assist border businesses that are directly impacted by the COVID-19 (i.e., coronavirus disease 2019) pandemic. For the purposes of this bill, the term border business refers to a business that (1) is eligible for an economic injury disaster loan, (2) has its principal office located in the contiguous United States and is located within 25 miles of the U.S. border, (3) has fewer than 50 employees and annual revenue of $1 million or less, and (4) demonstrates a reduction in revenue from specified prior periods. Recipients must use loan funds for purposes related to COVID-19 such as (1) providing sick leave to employees, (2) meeting increased costs arising from interrupted supply chains, or (3) paying for logistical expenses associated with border closures.

To direct the Administrator of the Small Business Administration to establish a border closure recovery loan program for small businesses located near the United States border, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Business COVID-19 Rescue Act''. SEC. 2. BORDER CLOSURE RECOVERY LOAN. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Border business.--The term ``border business'' means an entity eligible for a loan under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) that-- (A) has its principal office located in the contiguous United States; (B) has-- (i) estimated or actual annual average gross receipts less than or equal to $1,000,000; and (ii) fewer than 50 employees; (C)(i) except as provided in clauses (ii), (iii), and (iv), had gross receipts during the first, second, third, or fourth quarter in 2020 that demonstrate a reduction from the gross receipts of the entity during the same quarter in 2019; (ii) if the entity was not in business during the first or second quarter of 2019, but was in business during the third and fourth quarter of 2019, had gross receipts during the first, second, third, or fourth quarter of 2020 that demonstrate a reduction from the gross receipts of the entity during the third or fourth quarter of 2019; (iii) if the entity was not in business during the first, second, or third quarter of 2019, but was in business during the fourth quarter of 2019, had gross receipts during the first, second, third, or fourth quarter of 2020 that demonstrate a reduction from the gross receipts of the entity during the fourth quarter of 2019; or (iv) if the entity was not in business during 2019, but was in operation on February 15, 2020, had gross receipts during the second, third, or fourth quarter of 2020 that demonstrate a reduction from the gross receipts of the entity during the first quarter of 2020; and (D) is located within 25 miles of the United States border. (b) Border Closure Recovery Loan Program.-- (1) In general.--The Administrator shall establish a program under which the Administrator shall make loans to border businesses directly impacted by the COVID-19 pandemic. (2) Application.--A border business desiring a loan under this subsection shall submit to the Administrator an application at such time, in such place, and containing such information as the Administrator determines necessary. (3) Terms.-- (A) Amount; interest rate.--A loan made under this subsection shall-- (i) be in an amount of not more than $500,000; and (ii) have an interest rate of not more than 2 percent. (B) Prohibited requirements.--With respect to a loan made under this subsection, the Administrator shall not establish-- (i) any rules related to a personal guarantee for loans of less than $200,000; or (ii) any requirement that an applicant exhaust other loan options before applying for a loan under this subsection. (4) Use of funds.--A border business that receives a loan under this subsection-- (A) shall use the loan proceeds for any allowable purpose for a loan made under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)), including-- (i) providing paid sick leave to employees unable to work due to the direct effect of COVID-19; (ii) maintaining payroll to retain employees during business disruptions or substantial slowdowns; (iii) meeting increased costs to obtain materials unavailable from the original source of the border business due to interrupted supply chains; (iv) making rent or regular mortgage payments; (v) repaying obligations that cannot be met due to revenue losses; (vi) to pay for logistical expenses associated with border closures due to the COVID-19 pandemic; and (vii) to pay for improvements related to complying with public health guidelines, including personal protective equipment, signage, temporary barriers, and space heaters; and (B) may not use the loan proceeds-- (i) to purchase real estate; (ii) for payments of interest or principal on any loan originated after February 15, 2020; (iii) to invest or re-lend funds; (iv) for the prepayment of any mortgage or other debt obligation; (v) for any contribution or expenditure to, or on behalf of, any political party, party committee, or candidate for elective office; or (vi) for any other use as the Administrator may prohibit. (c) Approval and Ability To Repay.--With respect to a loan made under subsection (b), the Administrator may-- (1) approve an applicant-- (A) based solely on the credit score of the applicant; or (B) by using alternative appropriate methods to determine an applicant's ability to repay; and (2) use information from the Department of the Treasury to confirm that-- (A) an applicant is eligible to receive the loan; or (B) the information contained in an application for the loan is accurate. (d) Repayment.--The Administrator shall establish the repayment terms with respect to each loan made under subsection (b), except that-- (1) repayment shall not begin before the date that is 1 year after the date on which the loan is made; (2) the Administrator shall establish a process by which a border business that continues to experience a reduction in gross receipts following receipt of the loan can apply to delay the repayment of the loan for a period of not more than 4 years; and (3) the loan shall not accrue interest during the period in which repayment of the loan is deferred. (e) Loan Advance.-- (1) In general.--A border business that applies for a loan under subsection (b) may request that the Administrator provide an advance in the amount requested by the applicant to the applicant not later than 15 business days after the date on which the Administrator receives the request. (2) Amount.--The amount of an advance provided under this subsection shall be not less than $10,000. (3) Verification.--Before disbursing amounts under this subsection, the Administrator shall, not later than 15 business days after the date on which the Administrator receives the request for an advance by an applicant under this subsection-- (A) perform the verification required under subsection (c); (B) if the Administrator verifies that the applicant is eligible for an advance under subsection (c), provide to the applicant with a payment in the amount described in paragraph (2); and (C) with respect to an applicant that the Administrator determines is not eligible for an advance under this subsection, provide the applicant with a notification explaining the reasons for reaching that determination. (4) Use of funds.--An advance provided under this subsection may be used for any purpose described in subsection (b)(4). (5) Repayment.--An applicant shall not be required to repay any amounts of an advance provided under this subsection, even if the applicant is subsequently denied a loan under subsection (b). (f) Other Benefits.--Receipt of an advance under subsection (e) or a loan under subsection (b) shall not be construed as to prohibit receipt of any other Federal grant, loan, or aid. (g) Taxability.--For purposes of the Internal Revenue Code of 1986-- (1) any advance described in paragraph (e) shall not be included in the gross income of the border business that receives the advance; (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1); and (3) in the case of a partnership or S corporation that receives an advance described in subsection (e)-- (A) any amount excluded from income under this subsection shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986, and (B) the Secretary of the Treasury (or the Secretary's delegate) shall prescribe rules for determining a partner's distributive share of any amount described in subparagraph (A) for purposes of section 705 of the Internal Revenue Code of 1986. (h) Outreach.-- (1) In general.--In carrying out the loan program under this section, the Administrator shall-- (A) establish an advertising and outreach program in partnership with State and local governments, community advocacy groups, chambers of commerce, and other State and local entities to help border businesses understand the availability of the loan program and to promote participation in the program by border businesses located in economically depressed areas; and (B) provide technical assistance to applicants, including instructions on how to participate in the loan program, assistance in preparing applications, and assistance in applying for loan deferral. (2) Language access.--The Administrator shall ensure that outreach and technical assistance activities described in this subsection are made available by the Administration to border business concerns in the commonly spoken languages, other than English, in the States of the United States that border the international boundary with Canada or Mexico, which shall include Spanish and French. (i) Authorization of Appropriations.--There is authorized to be appropriated $500,000,000, to remain available until December 31, 2021, to carry out the requirements of this Act. <all>

Border Business COVID–19 Rescue Act

A bill to direct the Administrator of the Small Business Administration to establish a border closure recovery loan program for small businesses located near the United States border, and for other purposes.

Border Business COVID–19 Rescue Act

Sen. Kelly, Mark

D

AZ

This bill requires the Small Business Administration to establish a loan program to assist border businesses that are directly impacted by the COVID-19 (i.e., coronavirus disease 2019) pandemic. For the purposes of this bill, the term border business refers to a business that (1) is eligible for an economic injury disaster loan, (2) has its principal office located in the contiguous United States and is located within 25 miles of the U.S. border, (3) has fewer than 50 employees and annual revenue of $1 million or less, and (4) demonstrates a reduction in revenue from specified prior periods. Recipients must use loan funds for purposes related to COVID-19 such as (1) providing sick leave to employees, (2) meeting increased costs arising from interrupted supply chains, or (3) paying for logistical expenses associated with border closures.

This Act may be cited as the ``Border Business COVID-19 Rescue Act''. 2. BORDER CLOSURE RECOVERY LOAN. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. 636(b)(2)) that-- (A) has its principal office located in the contiguous United States; (B) has-- (i) estimated or actual annual average gross receipts less than or equal to $1,000,000; and (ii) fewer than 50 employees; (C)(i) except as provided in clauses (ii), (iii), and (iv), had gross receipts during the first, second, third, or fourth quarter in 2020 that demonstrate a reduction from the gross receipts of the entity during the same quarter in 2019; (ii) if the entity was not in business during the first or second quarter of 2019, but was in business during the third and fourth quarter of 2019, had gross receipts during the first, second, third, or fourth quarter of 2020 that demonstrate a reduction from the gross receipts of the entity during the third or fourth quarter of 2019; (iii) if the entity was not in business during the first, second, or third quarter of 2019, but was in business during the fourth quarter of 2019, had gross receipts during the first, second, third, or fourth quarter of 2020 that demonstrate a reduction from the gross receipts of the entity during the fourth quarter of 2019; or (iv) if the entity was not in business during 2019, but was in operation on February 15, 2020, had gross receipts during the second, third, or fourth quarter of 2020 that demonstrate a reduction from the gross receipts of the entity during the first quarter of 2020; and (D) is located within 25 miles of the United States border. (3) Terms.-- (A) Amount; interest rate.--A loan made under this subsection shall-- (i) be in an amount of not more than $500,000; and (ii) have an interest rate of not more than 2 percent. (4) Use of funds.--An advance provided under this subsection may be used for any purpose described in subsection (b)(4). (5) Repayment.--An applicant shall not be required to repay any amounts of an advance provided under this subsection, even if the applicant is subsequently denied a loan under subsection (b). (h) Outreach.-- (1) In general.--In carrying out the loan program under this section, the Administrator shall-- (A) establish an advertising and outreach program in partnership with State and local governments, community advocacy groups, chambers of commerce, and other State and local entities to help border businesses understand the availability of the loan program and to promote participation in the program by border businesses located in economically depressed areas; and (B) provide technical assistance to applicants, including instructions on how to participate in the loan program, assistance in preparing applications, and assistance in applying for loan deferral.

This Act may be cited as the ``Border Business COVID-19 Rescue Act''. 2. BORDER CLOSURE RECOVERY LOAN. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. 636(b)(2)) that-- (A) has its principal office located in the contiguous United States; (B) has-- (i) estimated or actual annual average gross receipts less than or equal to $1,000,000; and (ii) fewer than 50 employees; (C)(i) except as provided in clauses (ii), (iii), and (iv), had gross receipts during the first, second, third, or fourth quarter in 2020 that demonstrate a reduction from the gross receipts of the entity during the same quarter in 2019; (ii) if the entity was not in business during the first or second quarter of 2019, but was in business during the third and fourth quarter of 2019, had gross receipts during the first, second, third, or fourth quarter of 2020 that demonstrate a reduction from the gross receipts of the entity during the third or fourth quarter of 2019; (iii) if the entity was not in business during the first, second, or third quarter of 2019, but was in business during the fourth quarter of 2019, had gross receipts during the first, second, third, or fourth quarter of 2020 that demonstrate a reduction from the gross receipts of the entity during the fourth quarter of 2019; or (iv) if the entity was not in business during 2019, but was in operation on February 15, 2020, had gross receipts during the second, third, or fourth quarter of 2020 that demonstrate a reduction from the gross receipts of the entity during the first quarter of 2020; and (D) is located within 25 miles of the United States border. (4) Use of funds.--An advance provided under this subsection may be used for any purpose described in subsection (b)(4). (5) Repayment.--An applicant shall not be required to repay any amounts of an advance provided under this subsection, even if the applicant is subsequently denied a loan under subsection (b).

SHORT TITLE. This Act may be cited as the ``Border Business COVID-19 Rescue Act''. SEC. 2. BORDER CLOSURE RECOVERY LOAN. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. 636(b)(2)) that-- (A) has its principal office located in the contiguous United States; (B) has-- (i) estimated or actual annual average gross receipts less than or equal to $1,000,000; and (ii) fewer than 50 employees; (C)(i) except as provided in clauses (ii), (iii), and (iv), had gross receipts during the first, second, third, or fourth quarter in 2020 that demonstrate a reduction from the gross receipts of the entity during the same quarter in 2019; (ii) if the entity was not in business during the first or second quarter of 2019, but was in business during the third and fourth quarter of 2019, had gross receipts during the first, second, third, or fourth quarter of 2020 that demonstrate a reduction from the gross receipts of the entity during the third or fourth quarter of 2019; (iii) if the entity was not in business during the first, second, or third quarter of 2019, but was in business during the fourth quarter of 2019, had gross receipts during the first, second, third, or fourth quarter of 2020 that demonstrate a reduction from the gross receipts of the entity during the fourth quarter of 2019; or (iv) if the entity was not in business during 2019, but was in operation on February 15, 2020, had gross receipts during the second, third, or fourth quarter of 2020 that demonstrate a reduction from the gross receipts of the entity during the first quarter of 2020; and (D) is located within 25 miles of the United States border. (3) Terms.-- (A) Amount; interest rate.--A loan made under this subsection shall-- (i) be in an amount of not more than $500,000; and (ii) have an interest rate of not more than 2 percent. (4) Use of funds.--An advance provided under this subsection may be used for any purpose described in subsection (b)(4). (5) Repayment.--An applicant shall not be required to repay any amounts of an advance provided under this subsection, even if the applicant is subsequently denied a loan under subsection (b). (g) Taxability.--For purposes of the Internal Revenue Code of 1986-- (1) any advance described in paragraph (e) shall not be included in the gross income of the border business that receives the advance; (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1); and (3) in the case of a partnership or S corporation that receives an advance described in subsection (e)-- (A) any amount excluded from income under this subsection shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986, and (B) the Secretary of the Treasury (or the Secretary's delegate) shall prescribe rules for determining a partner's distributive share of any amount described in subparagraph (A) for purposes of section 705 of the Internal Revenue Code of 1986. (h) Outreach.-- (1) In general.--In carrying out the loan program under this section, the Administrator shall-- (A) establish an advertising and outreach program in partnership with State and local governments, community advocacy groups, chambers of commerce, and other State and local entities to help border businesses understand the availability of the loan program and to promote participation in the program by border businesses located in economically depressed areas; and (B) provide technical assistance to applicants, including instructions on how to participate in the loan program, assistance in preparing applications, and assistance in applying for loan deferral.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Business COVID-19 Rescue Act''. SEC. 2. BORDER CLOSURE RECOVERY LOAN. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. 636(b)(2)) that-- (A) has its principal office located in the contiguous United States; (B) has-- (i) estimated or actual annual average gross receipts less than or equal to $1,000,000; and (ii) fewer than 50 employees; (C)(i) except as provided in clauses (ii), (iii), and (iv), had gross receipts during the first, second, third, or fourth quarter in 2020 that demonstrate a reduction from the gross receipts of the entity during the same quarter in 2019; (ii) if the entity was not in business during the first or second quarter of 2019, but was in business during the third and fourth quarter of 2019, had gross receipts during the first, second, third, or fourth quarter of 2020 that demonstrate a reduction from the gross receipts of the entity during the third or fourth quarter of 2019; (iii) if the entity was not in business during the first, second, or third quarter of 2019, but was in business during the fourth quarter of 2019, had gross receipts during the first, second, third, or fourth quarter of 2020 that demonstrate a reduction from the gross receipts of the entity during the fourth quarter of 2019; or (iv) if the entity was not in business during 2019, but was in operation on February 15, 2020, had gross receipts during the second, third, or fourth quarter of 2020 that demonstrate a reduction from the gross receipts of the entity during the first quarter of 2020; and (D) is located within 25 miles of the United States border. (3) Terms.-- (A) Amount; interest rate.--A loan made under this subsection shall-- (i) be in an amount of not more than $500,000; and (ii) have an interest rate of not more than 2 percent. 636(b)(2)), including-- (i) providing paid sick leave to employees unable to work due to the direct effect of COVID-19; (ii) maintaining payroll to retain employees during business disruptions or substantial slowdowns; (iii) meeting increased costs to obtain materials unavailable from the original source of the border business due to interrupted supply chains; (iv) making rent or regular mortgage payments; (v) repaying obligations that cannot be met due to revenue losses; (vi) to pay for logistical expenses associated with border closures due to the COVID-19 pandemic; and (vii) to pay for improvements related to complying with public health guidelines, including personal protective equipment, signage, temporary barriers, and space heaters; and (B) may not use the loan proceeds-- (i) to purchase real estate; (ii) for payments of interest or principal on any loan originated after February 15, 2020; (iii) to invest or re-lend funds; (iv) for the prepayment of any mortgage or other debt obligation; (v) for any contribution or expenditure to, or on behalf of, any political party, party committee, or candidate for elective office; or (vi) for any other use as the Administrator may prohibit. (c) Approval and Ability To Repay.--With respect to a loan made under subsection (b), the Administrator may-- (1) approve an applicant-- (A) based solely on the credit score of the applicant; or (B) by using alternative appropriate methods to determine an applicant's ability to repay; and (2) use information from the Department of the Treasury to confirm that-- (A) an applicant is eligible to receive the loan; or (B) the information contained in an application for the loan is accurate. (4) Use of funds.--An advance provided under this subsection may be used for any purpose described in subsection (b)(4). (5) Repayment.--An applicant shall not be required to repay any amounts of an advance provided under this subsection, even if the applicant is subsequently denied a loan under subsection (b). (g) Taxability.--For purposes of the Internal Revenue Code of 1986-- (1) any advance described in paragraph (e) shall not be included in the gross income of the border business that receives the advance; (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1); and (3) in the case of a partnership or S corporation that receives an advance described in subsection (e)-- (A) any amount excluded from income under this subsection shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986, and (B) the Secretary of the Treasury (or the Secretary's delegate) shall prescribe rules for determining a partner's distributive share of any amount described in subparagraph (A) for purposes of section 705 of the Internal Revenue Code of 1986. (h) Outreach.-- (1) In general.--In carrying out the loan program under this section, the Administrator shall-- (A) establish an advertising and outreach program in partnership with State and local governments, community advocacy groups, chambers of commerce, and other State and local entities to help border businesses understand the availability of the loan program and to promote participation in the program by border businesses located in economically depressed areas; and (B) provide technical assistance to applicants, including instructions on how to participate in the loan program, assistance in preparing applications, and assistance in applying for loan deferral. (i) Authorization of Appropriations.--There is authorized to be appropriated $500,000,000, to remain available until December 31, 2021, to carry out the requirements of this Act.

To direct the Administrator of the Small Business Administration to establish a border closure recovery loan program for small businesses located near the United States border, and for other purposes. 2) Border business.--The term ``border business'' means an entity eligible for a loan under section 7(b)(2) of the Small Business Act (15 U.S.C. (b) Border Closure Recovery Loan Program.-- (1) In general.--The Administrator shall establish a program under which the Administrator shall make loans to border businesses directly impacted by the COVID-19 pandemic. ( 2) Application.--A border business desiring a loan under this subsection shall submit to the Administrator an application at such time, in such place, and containing such information as the Administrator determines necessary. ( (c) Approval and Ability To Repay.--With respect to a loan made under subsection (b), the Administrator may-- (1) approve an applicant-- (A) based solely on the credit score of the applicant; or (B) by using alternative appropriate methods to determine an applicant's ability to repay; and (2) use information from the Department of the Treasury to confirm that-- (A) an applicant is eligible to receive the loan; or (B) the information contained in an application for the loan is accurate. ( d) Repayment.--The Administrator shall establish the repayment terms with respect to each loan made under subsection (b), except that-- (1) repayment shall not begin before the date that is 1 year after the date on which the loan is made; (2) the Administrator shall establish a process by which a border business that continues to experience a reduction in gross receipts following receipt of the loan can apply to delay the repayment of the loan for a period of not more than 4 years; and (3) the loan shall not accrue interest during the period in which repayment of the loan is deferred. ( (2) Amount.--The amount of an advance provided under this subsection shall be not less than $10,000. ( 5) Repayment.--An applicant shall not be required to repay any amounts of an advance provided under this subsection, even if the applicant is subsequently denied a loan under subsection (b). ( 2) Language access.--The Administrator shall ensure that outreach and technical assistance activities described in this subsection are made available by the Administration to border business concerns in the commonly spoken languages, other than English, in the States of the United States that border the international boundary with Canada or Mexico, which shall include Spanish and French. ( i) Authorization of Appropriations.--There is authorized to be appropriated $500,000,000, to remain available until December 31, 2021, to carry out the requirements of this Act.

To direct the Administrator of the Small Business Administration to establish a border closure recovery loan program for small businesses located near the United States border, and for other purposes. a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. ( (b) Border Closure Recovery Loan Program.-- (1) In general.--The Administrator shall establish a program under which the Administrator shall make loans to border businesses directly impacted by the COVID-19 pandemic. ( 2) Application.--A border business desiring a loan under this subsection shall submit to the Administrator an application at such time, in such place, and containing such information as the Administrator determines necessary. ( c) Approval and Ability To Repay.--With respect to a loan made under subsection (b), the Administrator may-- (1) approve an applicant-- (A) based solely on the credit score of the applicant; or (B) by using alternative appropriate methods to determine an applicant's ability to repay; and (2) use information from the Department of the Treasury to confirm that-- (A) an applicant is eligible to receive the loan; or (B) the information contained in an application for the loan is accurate. (d) Repayment.--The Administrator shall establish the repayment terms with respect to each loan made under subsection (b), except that-- (1) repayment shall not begin before the date that is 1 year after the date on which the loan is made; (2) the Administrator shall establish a process by which a border business that continues to experience a reduction in gross receipts following receipt of the loan can apply to delay the repayment of the loan for a period of not more than 4 years; and (3) the loan shall not accrue interest during the period in which repayment of the loan is deferred. ( 5) Repayment.--An applicant shall not be required to repay any amounts of an advance provided under this subsection, even if the applicant is subsequently denied a loan under subsection (b). ( 2) Language access.--The Administrator shall ensure that outreach and technical assistance activities described in this subsection are made available by the Administration to border business concerns in the commonly spoken languages, other than English, in the States of the United States that border the international boundary with Canada or Mexico, which shall include Spanish and French. ( i) Authorization of Appropriations.--There is authorized to be appropriated $500,000,000, to remain available until December 31, 2021, to carry out the requirements of this Act.

To direct the Administrator of the Small Business Administration to establish a border closure recovery loan program for small businesses located near the United States border, and for other purposes. a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. ( (b) Border Closure Recovery Loan Program.-- (1) In general.--The Administrator shall establish a program under which the Administrator shall make loans to border businesses directly impacted by the COVID-19 pandemic. ( 2) Application.--A border business desiring a loan under this subsection shall submit to the Administrator an application at such time, in such place, and containing such information as the Administrator determines necessary. ( c) Approval and Ability To Repay.--With respect to a loan made under subsection (b), the Administrator may-- (1) approve an applicant-- (A) based solely on the credit score of the applicant; or (B) by using alternative appropriate methods to determine an applicant's ability to repay; and (2) use information from the Department of the Treasury to confirm that-- (A) an applicant is eligible to receive the loan; or (B) the information contained in an application for the loan is accurate. (d) Repayment.--The Administrator shall establish the repayment terms with respect to each loan made under subsection (b), except that-- (1) repayment shall not begin before the date that is 1 year after the date on which the loan is made; (2) the Administrator shall establish a process by which a border business that continues to experience a reduction in gross receipts following receipt of the loan can apply to delay the repayment of the loan for a period of not more than 4 years; and (3) the loan shall not accrue interest during the period in which repayment of the loan is deferred. ( 5) Repayment.--An applicant shall not be required to repay any amounts of an advance provided under this subsection, even if the applicant is subsequently denied a loan under subsection (b). ( 2) Language access.--The Administrator shall ensure that outreach and technical assistance activities described in this subsection are made available by the Administration to border business concerns in the commonly spoken languages, other than English, in the States of the United States that border the international boundary with Canada or Mexico, which shall include Spanish and French. ( i) Authorization of Appropriations.--There is authorized to be appropriated $500,000,000, to remain available until December 31, 2021, to carry out the requirements of this Act.

To direct the Administrator of the Small Business Administration to establish a border closure recovery loan program for small businesses located near the United States border, and for other purposes. 2) Border business.--The term ``border business'' means an entity eligible for a loan under section 7(b)(2) of the Small Business Act (15 U.S.C. (b) Border Closure Recovery Loan Program.-- (1) In general.--The Administrator shall establish a program under which the Administrator shall make loans to border businesses directly impacted by the COVID-19 pandemic. ( 2) Application.--A border business desiring a loan under this subsection shall submit to the Administrator an application at such time, in such place, and containing such information as the Administrator determines necessary. ( (c) Approval and Ability To Repay.--With respect to a loan made under subsection (b), the Administrator may-- (1) approve an applicant-- (A) based solely on the credit score of the applicant; or (B) by using alternative appropriate methods to determine an applicant's ability to repay; and (2) use information from the Department of the Treasury to confirm that-- (A) an applicant is eligible to receive the loan; or (B) the information contained in an application for the loan is accurate. ( d) Repayment.--The Administrator shall establish the repayment terms with respect to each loan made under subsection (b), except that-- (1) repayment shall not begin before the date that is 1 year after the date on which the loan is made; (2) the Administrator shall establish a process by which a border business that continues to experience a reduction in gross receipts following receipt of the loan can apply to delay the repayment of the loan for a period of not more than 4 years; and (3) the loan shall not accrue interest during the period in which repayment of the loan is deferred. ( (2) Amount.--The amount of an advance provided under this subsection shall be not less than $10,000. ( 5) Repayment.--An applicant shall not be required to repay any amounts of an advance provided under this subsection, even if the applicant is subsequently denied a loan under subsection (b). ( 2) Language access.--The Administrator shall ensure that outreach and technical assistance activities described in this subsection are made available by the Administration to border business concerns in the commonly spoken languages, other than English, in the States of the United States that border the international boundary with Canada or Mexico, which shall include Spanish and French. ( i) Authorization of Appropriations.--There is authorized to be appropriated $500,000,000, to remain available until December 31, 2021, to carry out the requirements of this Act.

To direct the Administrator of the Small Business Administration to establish a border closure recovery loan program for small businesses located near the United States border, and for other purposes. a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. ( (b) Border Closure Recovery Loan Program.-- (1) In general.--The Administrator shall establish a program under which the Administrator shall make loans to border businesses directly impacted by the COVID-19 pandemic. ( 2) Application.--A border business desiring a loan under this subsection shall submit to the Administrator an application at such time, in such place, and containing such information as the Administrator determines necessary. ( c) Approval and Ability To Repay.--With respect to a loan made under subsection (b), the Administrator may-- (1) approve an applicant-- (A) based solely on the credit score of the applicant; or (B) by using alternative appropriate methods to determine an applicant's ability to repay; and (2) use information from the Department of the Treasury to confirm that-- (A) an applicant is eligible to receive the loan; or (B) the information contained in an application for the loan is accurate. (d) Repayment.--The Administrator shall establish the repayment terms with respect to each loan made under subsection (b), except that-- (1) repayment shall not begin before the date that is 1 year after the date on which the loan is made; (2) the Administrator shall establish a process by which a border business that continues to experience a reduction in gross receipts following receipt of the loan can apply to delay the repayment of the loan for a period of not more than 4 years; and (3) the loan shall not accrue interest during the period in which repayment of the loan is deferred. ( 5) Repayment.--An applicant shall not be required to repay any amounts of an advance provided under this subsection, even if the applicant is subsequently denied a loan under subsection (b). ( 2) Language access.--The Administrator shall ensure that outreach and technical assistance activities described in this subsection are made available by the Administration to border business concerns in the commonly spoken languages, other than English, in the States of the United States that border the international boundary with Canada or Mexico, which shall include Spanish and French. ( i) Authorization of Appropriations.--There is authorized to be appropriated $500,000,000, to remain available until December 31, 2021, to carry out the requirements of this Act.

To direct the Administrator of the Small Business Administration to establish a border closure recovery loan program for small businesses located near the United States border, and for other purposes. 2) Border business.--The term ``border business'' means an entity eligible for a loan under section 7(b)(2) of the Small Business Act (15 U.S.C. (b) Border Closure Recovery Loan Program.-- (1) In general.--The Administrator shall establish a program under which the Administrator shall make loans to border businesses directly impacted by the COVID-19 pandemic. ( 2) Application.--A border business desiring a loan under this subsection shall submit to the Administrator an application at such time, in such place, and containing such information as the Administrator determines necessary. ( (c) Approval and Ability To Repay.--With respect to a loan made under subsection (b), the Administrator may-- (1) approve an applicant-- (A) based solely on the credit score of the applicant; or (B) by using alternative appropriate methods to determine an applicant's ability to repay; and (2) use information from the Department of the Treasury to confirm that-- (A) an applicant is eligible to receive the loan; or (B) the information contained in an application for the loan is accurate. ( d) Repayment.--The Administrator shall establish the repayment terms with respect to each loan made under subsection (b), except that-- (1) repayment shall not begin before the date that is 1 year after the date on which the loan is made; (2) the Administrator shall establish a process by which a border business that continues to experience a reduction in gross receipts following receipt of the loan can apply to delay the repayment of the loan for a period of not more than 4 years; and (3) the loan shall not accrue interest during the period in which repayment of the loan is deferred. ( (2) Amount.--The amount of an advance provided under this subsection shall be not less than $10,000. ( 5) Repayment.--An applicant shall not be required to repay any amounts of an advance provided under this subsection, even if the applicant is subsequently denied a loan under subsection (b). ( 2) Language access.--The Administrator shall ensure that outreach and technical assistance activities described in this subsection are made available by the Administration to border business concerns in the commonly spoken languages, other than English, in the States of the United States that border the international boundary with Canada or Mexico, which shall include Spanish and French. ( i) Authorization of Appropriations.--There is authorized to be appropriated $500,000,000, to remain available until December 31, 2021, to carry out the requirements of this Act.

To direct the Administrator of the Small Business Administration to establish a border closure recovery loan program for small businesses located near the United States border, and for other purposes. a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. ( (b) Border Closure Recovery Loan Program.-- (1) In general.--The Administrator shall establish a program under which the Administrator shall make loans to border businesses directly impacted by the COVID-19 pandemic. ( 2) Application.--A border business desiring a loan under this subsection shall submit to the Administrator an application at such time, in such place, and containing such information as the Administrator determines necessary. ( c) Approval and Ability To Repay.--With respect to a loan made under subsection (b), the Administrator may-- (1) approve an applicant-- (A) based solely on the credit score of the applicant; or (B) by using alternative appropriate methods to determine an applicant's ability to repay; and (2) use information from the Department of the Treasury to confirm that-- (A) an applicant is eligible to receive the loan; or (B) the information contained in an application for the loan is accurate. (d) Repayment.--The Administrator shall establish the repayment terms with respect to each loan made under subsection (b), except that-- (1) repayment shall not begin before the date that is 1 year after the date on which the loan is made; (2) the Administrator shall establish a process by which a border business that continues to experience a reduction in gross receipts following receipt of the loan can apply to delay the repayment of the loan for a period of not more than 4 years; and (3) the loan shall not accrue interest during the period in which repayment of the loan is deferred. ( 5) Repayment.--An applicant shall not be required to repay any amounts of an advance provided under this subsection, even if the applicant is subsequently denied a loan under subsection (b). ( 2) Language access.--The Administrator shall ensure that outreach and technical assistance activities described in this subsection are made available by the Administration to border business concerns in the commonly spoken languages, other than English, in the States of the United States that border the international boundary with Canada or Mexico, which shall include Spanish and French. ( i) Authorization of Appropriations.--There is authorized to be appropriated $500,000,000, to remain available until December 31, 2021, to carry out the requirements of this Act.

To direct the Administrator of the Small Business Administration to establish a border closure recovery loan program for small businesses located near the United States border, and for other purposes. 2) Border business.--The term ``border business'' means an entity eligible for a loan under section 7(b)(2) of the Small Business Act (15 U.S.C. (b) Border Closure Recovery Loan Program.-- (1) In general.--The Administrator shall establish a program under which the Administrator shall make loans to border businesses directly impacted by the COVID-19 pandemic. ( 2) Application.--A border business desiring a loan under this subsection shall submit to the Administrator an application at such time, in such place, and containing such information as the Administrator determines necessary. ( (c) Approval and Ability To Repay.--With respect to a loan made under subsection (b), the Administrator may-- (1) approve an applicant-- (A) based solely on the credit score of the applicant; or (B) by using alternative appropriate methods to determine an applicant's ability to repay; and (2) use information from the Department of the Treasury to confirm that-- (A) an applicant is eligible to receive the loan; or (B) the information contained in an application for the loan is accurate. ( d) Repayment.--The Administrator shall establish the repayment terms with respect to each loan made under subsection (b), except that-- (1) repayment shall not begin before the date that is 1 year after the date on which the loan is made; (2) the Administrator shall establish a process by which a border business that continues to experience a reduction in gross receipts following receipt of the loan can apply to delay the repayment of the loan for a period of not more than 4 years; and (3) the loan shall not accrue interest during the period in which repayment of the loan is deferred. ( (2) Amount.--The amount of an advance provided under this subsection shall be not less than $10,000. ( 5) Repayment.--An applicant shall not be required to repay any amounts of an advance provided under this subsection, even if the applicant is subsequently denied a loan under subsection (b). ( 2) Language access.--The Administrator shall ensure that outreach and technical assistance activities described in this subsection are made available by the Administration to border business concerns in the commonly spoken languages, other than English, in the States of the United States that border the international boundary with Canada or Mexico, which shall include Spanish and French. ( i) Authorization of Appropriations.--There is authorized to be appropriated $500,000,000, to remain available until December 31, 2021, to carry out the requirements of this Act.

To direct the Administrator of the Small Business Administration to establish a border closure recovery loan program for small businesses located near the United States border, and for other purposes. c) Approval and Ability To Repay.--With respect to a loan made under subsection (b), the Administrator may-- (1) approve an applicant-- (A) based solely on the credit score of the applicant; or (B) by using alternative appropriate methods to determine an applicant's ability to repay; and (2) use information from the Department of the Treasury to confirm that-- (A) an applicant is eligible to receive the loan; or (B) the information contained in an application for the loan is accurate. ( ( 2) Language access.--The Administrator shall ensure that outreach and technical assistance activities described in this subsection are made available by the Administration to border business concerns in the commonly spoken languages, other than English, in the States of the United States that border the international boundary with Canada or Mexico, which shall include Spanish and French. ( i) Authorization of Appropriations.--There is authorized to be appropriated $500,000,000, to remain available until December 31, 2021, to carry out the requirements of this Act.

To direct the Administrator of the Small Business Administration to establish a border closure recovery loan program for small businesses located near the United States border, and for other purposes. (c) Approval and Ability To Repay.--With respect to a loan made under subsection (b), the Administrator may-- (1) approve an applicant-- (A) based solely on the credit score of the applicant; or (B) by using alternative appropriate methods to determine an applicant's ability to repay; and (2) use information from the Department of the Treasury to confirm that-- (A) an applicant is eligible to receive the loan; or (B) the information contained in an application for the loan is accurate. ( d) Repayment.--The Administrator shall establish the repayment terms with respect to each loan made under subsection (b), except that-- (1) repayment shall not begin before the date that is 1 year after the date on which the loan is made; (2) the Administrator shall establish a process by which a border business that continues to experience a reduction in gross receipts following receipt of the loan can apply to delay the repayment of the loan for a period of not more than 4 years; and (3) the loan shall not accrue interest during the period in which repayment of the loan is deferred. ( ( 2) Amount.--The amount of an advance provided under this subsection shall be not less than $10,000. (

Border Business COVID-19 Rescue Act This bill directs the Small Business Administration (SBA) to establish a border closure recovery loan program for small businesses located near the U.S. border. The SBA shall make such loans to border businesses directly impacted by the COVID (Coordinated Voluntary Initiative for the Elimination of the Emerging Diseases of the Border) pandemic. Directs the Administrator of the Small Business Administration (SBA) to: (1) establish an advertising and outreach program to help border businesses understand the availability of the loan program and to promote participation in the program by border businesses located in economically depressed areas; and (2) provide technical assistance to applicants, including instructions on how to participate in such program, assistance in preparing applications, and

S.3766

Labor and Employment

Susan Muffley Act of 2022 This bill restores the full vested monthly benefits for eligible participants of certain pension plans that were sponsored by Delphi Corporation and terminated as a result of General Motors' bankruptcy in 2009. The Pension Benefit Guaranty Corporation (PBGC) must recalculate and adjust each plan participant's monthly benefits payment. The PBGC must also apply the recalculation to previously-made monthly payments and make a lump-sum payment for any additional benefits based on the recalculation. The bill establishes and provides appropriations to a fund for the payment of these benefits and specifies how the lump-sum payments are treated for tax purposes.

To increase the benefits guaranteed in connection with certain pension plans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Susan Muffley Act of 2022''. SEC. 2. GUARANTEED BENEFIT CALCULATION FOR CERTAIN PLANS. (a) In General.-- (1) Increase to full vested plan benefit.-- (A) In general.--For purposes of determining what benefits are guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) with respect to an eligible participant or beneficiary under a covered plan specified in paragraph (4) in connection with the termination of such plan, the amount of monthly benefits shall be equal to the full vested plan benefit with respect to the participant. (B) No effect on previous determinations.--Nothing in this Act shall be construed to change the allocation of assets and recoveries under sections 4044(a) and 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1344(a); 1322(c)) as previously determined by the Pension Benefit Guaranty Corporation (referred to in this section as the ``corporation'') for the covered plans specified in paragraph (4), and the corporation's applicable rules, practices, and policies on benefits payable in terminated single- employer plans shall, except as otherwise provided in this section, continue to apply with respect to such covered plans. (2) Recalculation of certain benefits.-- (A) In general.--In any case in which the amount of monthly benefits with respect to an eligible participant or beneficiary described in paragraph (1) was calculated prior to the date of enactment of this Act, the corporation shall recalculate such amount pursuant to paragraph (1), and shall adjust any subsequent payments of such monthly benefits accordingly, as soon as practicable after such date. (B) Lump-sum payments of past-due benefits.--Not later than 180 days after the date of enactment of this Act, the corporation, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall make a lump-sum payment to each eligible participant or beneficiary whose guaranteed benefits are recalculated under subparagraph (A) in an amount equal to-- (i) in the case of an eligible participant, the excess of-- (I) the total of the full vested plan benefits of the participant for all months for which such guaranteed benefits were paid prior to such recalculation, over (II) the sum of any applicable payments made to the eligible participant; and (ii) in the case of an eligible beneficiary, the sum of-- (I) the amount that would be determined under clause (i) with respect to the participant of which the eligible beneficiary is a beneficiary if such participant were still in pay status; plus (II) the excess of-- (aa) the total of the full vested plan benefits of the eligible beneficiary for all months for which such guaranteed benefits were paid prior to such recalculation, over (bb) the sum of any applicable payments made to the eligible beneficiary. Notwithstanding the previous sentence, the corporation shall increase each lump-sum payment made under this subparagraph to account for foregone interest in an amount determined by the corporation designed to reflect a 6 percent annual interest rate on each past- due amount attributable to the underpayment of guaranteed benefits for each month prior to such recalculation. (C) Eligible participants and beneficiaries.-- (i) In general.--For purposes of this section, an eligible participant or beneficiary is a participant or beneficiary who-- (I) as of the date of the enactment of this Act, is in pay status under a covered plan or is eligible for future payments under such plan; (II) has received or will receive applicable payments in connection with such plan (within the meaning of clause (ii)) that does not exceed the full vested plan benefits of such participant or beneficiary; and (III) is not covered by the 1999 agreements between General Motors and various unions providing a top-up benefit to certain hourly employees who were transferred from the General Motors Hourly-Rate Employees Pension Plan to the Delphi Hourly-Rate Employees Pension Plan. (ii) Applicable payments.--For purposes of this paragraph, applicable payments to a participant or beneficiary in connection with a plan consist of the following: (I) Payments under the plan equal to the normal benefit guarantee of the participant or beneficiary. (II) Payments to the participant or beneficiary made pursuant to section 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322(c)) or otherwise received from the corporation in connection with the termination of the plan. (3) Definitions.--For purposes of this subsection-- (A) Full vested plan benefit.--The term ``full vested plan benefit'' means the amount of monthly benefits that would be guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) as of the date of plan termination with respect to an eligible participant or beneficiary if such section were applied without regard to the phase- in limit under subsection (b)(1) of such section and the maximum guaranteed benefit limitation under subsection (b)(3) of such section (including the accrued-at-normal limitation). (B) Normal benefit guarantee.--The term ``normal benefit guarantee'' means the amount of monthly benefits guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) with respect to an eligible participant or beneficiary without regard to this Act. (4) Covered plans.--The covered plans specified in this paragraph are the following: (A) The Delphi Hourly-Rate Employees Pension Plan. (B) The Delphi Retirement Program for Salaried Employees. (C) The PHI Non-Bargaining Retirement Plan. (D) The ASEC Manufacturing Retirement Program. (E) The PHI Bargaining Retirement Plan. (F) The Delphi Mechatronic Systems Retirement Program. (5) Treatment of pbgc determinations.--Any determination made by the corporation under this section concerning a recalculation of benefits or lump-sum payment of past-due benefits shall be subject to administrative review by the corporation. Any new determination made by the corporation under this section shall be governed by the same administrative review process as any other benefit determination by the corporation. (b) Trust Fund for Payment of Increased Benefits.-- (1) Establishment.--There is established in the Treasury a trust fund to be known as the ``Delphi Full Vested Plan Benefit Trust Fund'' (referred to in this subsection as the ``Fund''), consisting of such amounts as may be appropriated or credited to the Fund as provided in this section. (2) Funding.--There is appropriated, out of amounts in the Treasury not otherwise appropriated, such amounts as are necessary for the costs of payments of the portions of monthly benefits guaranteed to participants and beneficiaries pursuant to subsection (a) and for necessary administrative and operating expenses of the corporation relating to such payments. The Fund shall be credited with amounts from time to time as the Secretary of the Treasury, in coordination with the Director of the corporation, determines appropriate, out of amounts in the Treasury not otherwise appropriated. (3) Expenditures from fund.--Amounts in the Fund shall be available for the payment of the portion of monthly benefits guaranteed to a participant or beneficiary pursuant to subsection (a) and for necessary administrative and operating expenses of the corporation relating to such payment. (c) Regulations.--The corporation, in consultation with the Secretary of the Treasury and the Secretary of Labor, may issue such regulations as necessary to carry out this section. (d) Tax Treatment of Lump-Sum Payments.-- (1) In general.--Unless the taxpayer elects (at such time and in such manner as the Secretary may provide) to have this paragraph not apply with respect to any lump-sum payment under subsection (a)(2)(B), the amount of such payment shall be included in the taxpayer's gross income ratably over the 3- taxable-year period beginning with the taxable year in which such payment is received. (2) Special rules related to death.-- (A) In general.--If the taxpayer dies before the end of the 3-taxable-year period described in paragraph (1), any amount to which paragraph (1) applies which has not been included in gross income for a taxable year ending before the taxable year in which such death occurs shall be included in gross income for such taxable year. (B) Special election for surviving spouses of eligible participants.--If-- (i) a taxpayer with respect to whom paragraph (1) applies dies, (ii) such taxpayer is an eligible participant, (iii) the surviving spouse of such eligible participant is entitled to a survivor benefit from the corporation with respect to such eligible participant, and (iv) such surviving spouse elects (at such time and in such manner as the Secretary may provide) the application of this subparagraph, subparagraph (A) shall not apply and any amount which would have (but for such taxpayer's death) been included in the gross income of such taxpayer under paragraph (1) for any taxable year beginning after the date of such death shall be included in the gross income of such surviving spouse for the taxable year of such surviving spouse ending with or within such taxable year of the taxpayer. <all>

Susan Muffley Act of 2022

A bill to increase the benefits guaranteed in connection with certain pension plans, and for other purposes.

Susan Muffley Act of 2022

Sen. Brown, Sherrod

D

OH

This bill restores the full vested monthly benefits for eligible participants of certain pension plans that were sponsored by Delphi Corporation and terminated as a result of General Motors' bankruptcy in 2009. The Pension Benefit Guaranty Corporation (PBGC) must recalculate and adjust each plan participant's monthly benefits payment. The PBGC must also apply the recalculation to previously-made monthly payments and make a lump-sum payment for any additional benefits based on the recalculation. The bill establishes and provides appropriations to a fund for the payment of these benefits and specifies how the lump-sum payments are treated for tax purposes.

To increase the benefits guaranteed in connection with certain pension plans, and for other purposes. GUARANTEED BENEFIT CALCULATION FOR CERTAIN PLANS. (2) Recalculation of certain benefits.-- (A) In general.--In any case in which the amount of monthly benefits with respect to an eligible participant or beneficiary described in paragraph (1) was calculated prior to the date of enactment of this Act, the corporation shall recalculate such amount pursuant to paragraph (1), and shall adjust any subsequent payments of such monthly benefits accordingly, as soon as practicable after such date. (II) Payments to the participant or beneficiary made pursuant to section 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) with respect to an eligible participant or beneficiary without regard to this Act. (4) Covered plans.--The covered plans specified in this paragraph are the following: (A) The Delphi Hourly-Rate Employees Pension Plan. (B) The Delphi Retirement Program for Salaried Employees. Any new determination made by the corporation under this section shall be governed by the same administrative review process as any other benefit determination by the corporation. (b) Trust Fund for Payment of Increased Benefits.-- (1) Establishment.--There is established in the Treasury a trust fund to be known as the ``Delphi Full Vested Plan Benefit Trust Fund'' (referred to in this subsection as the ``Fund''), consisting of such amounts as may be appropriated or credited to the Fund as provided in this section. (d) Tax Treatment of Lump-Sum Payments.-- (1) In general.--Unless the taxpayer elects (at such time and in such manner as the Secretary may provide) to have this paragraph not apply with respect to any lump-sum payment under subsection (a)(2)(B), the amount of such payment shall be included in the taxpayer's gross income ratably over the 3- taxable-year period beginning with the taxable year in which such payment is received. (B) Special election for surviving spouses of eligible participants.--If-- (i) a taxpayer with respect to whom paragraph (1) applies dies, (ii) such taxpayer is an eligible participant, (iii) the surviving spouse of such eligible participant is entitled to a survivor benefit from the corporation with respect to such eligible participant, and (iv) such surviving spouse elects (at such time and in such manner as the Secretary may provide) the application of this subparagraph, subparagraph (A) shall not apply and any amount which would have (but for such taxpayer's death) been included in the gross income of such taxpayer under paragraph (1) for any taxable year beginning after the date of such death shall be included in the gross income of such surviving spouse for the taxable year of such surviving spouse ending with or within such taxable year of the taxpayer.

To increase the benefits guaranteed in connection with certain pension plans, and for other purposes. GUARANTEED BENEFIT CALCULATION FOR CERTAIN PLANS. (2) Recalculation of certain benefits.-- (A) In general.--In any case in which the amount of monthly benefits with respect to an eligible participant or beneficiary described in paragraph (1) was calculated prior to the date of enactment of this Act, the corporation shall recalculate such amount pursuant to paragraph (1), and shall adjust any subsequent payments of such monthly benefits accordingly, as soon as practicable after such date. (II) Payments to the participant or beneficiary made pursuant to section 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) with respect to an eligible participant or beneficiary without regard to this Act. (4) Covered plans.--The covered plans specified in this paragraph are the following: (A) The Delphi Hourly-Rate Employees Pension Plan. (B) The Delphi Retirement Program for Salaried Employees. Any new determination made by the corporation under this section shall be governed by the same administrative review process as any other benefit determination by the corporation. (b) Trust Fund for Payment of Increased Benefits.-- (1) Establishment.--There is established in the Treasury a trust fund to be known as the ``Delphi Full Vested Plan Benefit Trust Fund'' (referred to in this subsection as the ``Fund''), consisting of such amounts as may be appropriated or credited to the Fund as provided in this section. (d) Tax Treatment of Lump-Sum Payments.-- (1) In general.--Unless the taxpayer elects (at such time and in such manner as the Secretary may provide) to have this paragraph not apply with respect to any lump-sum payment under subsection (a)(2)(B), the amount of such payment shall be included in the taxpayer's gross income ratably over the 3- taxable-year period beginning with the taxable year in which such payment is received.

To increase the benefits guaranteed in connection with certain pension plans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Susan Muffley Act of 2022''. SEC. GUARANTEED BENEFIT CALCULATION FOR CERTAIN PLANS. (2) Recalculation of certain benefits.-- (A) In general.--In any case in which the amount of monthly benefits with respect to an eligible participant or beneficiary described in paragraph (1) was calculated prior to the date of enactment of this Act, the corporation shall recalculate such amount pursuant to paragraph (1), and shall adjust any subsequent payments of such monthly benefits accordingly, as soon as practicable after such date. Notwithstanding the previous sentence, the corporation shall increase each lump-sum payment made under this subparagraph to account for foregone interest in an amount determined by the corporation designed to reflect a 6 percent annual interest rate on each past- due amount attributable to the underpayment of guaranteed benefits for each month prior to such recalculation. (ii) Applicable payments.--For purposes of this paragraph, applicable payments to a participant or beneficiary in connection with a plan consist of the following: (I) Payments under the plan equal to the normal benefit guarantee of the participant or beneficiary. (II) Payments to the participant or beneficiary made pursuant to section 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322(c)) or otherwise received from the corporation in connection with the termination of the plan. 1322) with respect to an eligible participant or beneficiary without regard to this Act. (4) Covered plans.--The covered plans specified in this paragraph are the following: (A) The Delphi Hourly-Rate Employees Pension Plan. (B) The Delphi Retirement Program for Salaried Employees. (D) The ASEC Manufacturing Retirement Program. (E) The PHI Bargaining Retirement Plan. (F) The Delphi Mechatronic Systems Retirement Program. Any new determination made by the corporation under this section shall be governed by the same administrative review process as any other benefit determination by the corporation. (b) Trust Fund for Payment of Increased Benefits.-- (1) Establishment.--There is established in the Treasury a trust fund to be known as the ``Delphi Full Vested Plan Benefit Trust Fund'' (referred to in this subsection as the ``Fund''), consisting of such amounts as may be appropriated or credited to the Fund as provided in this section. (3) Expenditures from fund.--Amounts in the Fund shall be available for the payment of the portion of monthly benefits guaranteed to a participant or beneficiary pursuant to subsection (a) and for necessary administrative and operating expenses of the corporation relating to such payment. (c) Regulations.--The corporation, in consultation with the Secretary of the Treasury and the Secretary of Labor, may issue such regulations as necessary to carry out this section. (d) Tax Treatment of Lump-Sum Payments.-- (1) In general.--Unless the taxpayer elects (at such time and in such manner as the Secretary may provide) to have this paragraph not apply with respect to any lump-sum payment under subsection (a)(2)(B), the amount of such payment shall be included in the taxpayer's gross income ratably over the 3- taxable-year period beginning with the taxable year in which such payment is received. (B) Special election for surviving spouses of eligible participants.--If-- (i) a taxpayer with respect to whom paragraph (1) applies dies, (ii) such taxpayer is an eligible participant, (iii) the surviving spouse of such eligible participant is entitled to a survivor benefit from the corporation with respect to such eligible participant, and (iv) such surviving spouse elects (at such time and in such manner as the Secretary may provide) the application of this subparagraph, subparagraph (A) shall not apply and any amount which would have (but for such taxpayer's death) been included in the gross income of such taxpayer under paragraph (1) for any taxable year beginning after the date of such death shall be included in the gross income of such surviving spouse for the taxable year of such surviving spouse ending with or within such taxable year of the taxpayer.

To increase the benefits guaranteed in connection with certain pension plans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Susan Muffley Act of 2022''. SEC. GUARANTEED BENEFIT CALCULATION FOR CERTAIN PLANS. (B) No effect on previous determinations.--Nothing in this Act shall be construed to change the allocation of assets and recoveries under sections 4044(a) and 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1344(a); 1322(c)) as previously determined by the Pension Benefit Guaranty Corporation (referred to in this section as the ``corporation'') for the covered plans specified in paragraph (4), and the corporation's applicable rules, practices, and policies on benefits payable in terminated single- employer plans shall, except as otherwise provided in this section, continue to apply with respect to such covered plans. (2) Recalculation of certain benefits.-- (A) In general.--In any case in which the amount of monthly benefits with respect to an eligible participant or beneficiary described in paragraph (1) was calculated prior to the date of enactment of this Act, the corporation shall recalculate such amount pursuant to paragraph (1), and shall adjust any subsequent payments of such monthly benefits accordingly, as soon as practicable after such date. Notwithstanding the previous sentence, the corporation shall increase each lump-sum payment made under this subparagraph to account for foregone interest in an amount determined by the corporation designed to reflect a 6 percent annual interest rate on each past- due amount attributable to the underpayment of guaranteed benefits for each month prior to such recalculation. (C) Eligible participants and beneficiaries.-- (i) In general.--For purposes of this section, an eligible participant or beneficiary is a participant or beneficiary who-- (I) as of the date of the enactment of this Act, is in pay status under a covered plan or is eligible for future payments under such plan; (II) has received or will receive applicable payments in connection with such plan (within the meaning of clause (ii)) that does not exceed the full vested plan benefits of such participant or beneficiary; and (III) is not covered by the 1999 agreements between General Motors and various unions providing a top-up benefit to certain hourly employees who were transferred from the General Motors Hourly-Rate Employees Pension Plan to the Delphi Hourly-Rate Employees Pension Plan. (ii) Applicable payments.--For purposes of this paragraph, applicable payments to a participant or beneficiary in connection with a plan consist of the following: (I) Payments under the plan equal to the normal benefit guarantee of the participant or beneficiary. (II) Payments to the participant or beneficiary made pursuant to section 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322(c)) or otherwise received from the corporation in connection with the termination of the plan. 1322) as of the date of plan termination with respect to an eligible participant or beneficiary if such section were applied without regard to the phase- in limit under subsection (b)(1) of such section and the maximum guaranteed benefit limitation under subsection (b)(3) of such section (including the accrued-at-normal limitation). 1322) with respect to an eligible participant or beneficiary without regard to this Act. (4) Covered plans.--The covered plans specified in this paragraph are the following: (A) The Delphi Hourly-Rate Employees Pension Plan. (B) The Delphi Retirement Program for Salaried Employees. (D) The ASEC Manufacturing Retirement Program. (E) The PHI Bargaining Retirement Plan. (F) The Delphi Mechatronic Systems Retirement Program. Any new determination made by the corporation under this section shall be governed by the same administrative review process as any other benefit determination by the corporation. (b) Trust Fund for Payment of Increased Benefits.-- (1) Establishment.--There is established in the Treasury a trust fund to be known as the ``Delphi Full Vested Plan Benefit Trust Fund'' (referred to in this subsection as the ``Fund''), consisting of such amounts as may be appropriated or credited to the Fund as provided in this section. (3) Expenditures from fund.--Amounts in the Fund shall be available for the payment of the portion of monthly benefits guaranteed to a participant or beneficiary pursuant to subsection (a) and for necessary administrative and operating expenses of the corporation relating to such payment. (c) Regulations.--The corporation, in consultation with the Secretary of the Treasury and the Secretary of Labor, may issue such regulations as necessary to carry out this section. (d) Tax Treatment of Lump-Sum Payments.-- (1) In general.--Unless the taxpayer elects (at such time and in such manner as the Secretary may provide) to have this paragraph not apply with respect to any lump-sum payment under subsection (a)(2)(B), the amount of such payment shall be included in the taxpayer's gross income ratably over the 3- taxable-year period beginning with the taxable year in which such payment is received. (B) Special election for surviving spouses of eligible participants.--If-- (i) a taxpayer with respect to whom paragraph (1) applies dies, (ii) such taxpayer is an eligible participant, (iii) the surviving spouse of such eligible participant is entitled to a survivor benefit from the corporation with respect to such eligible participant, and (iv) such surviving spouse elects (at such time and in such manner as the Secretary may provide) the application of this subparagraph, subparagraph (A) shall not apply and any amount which would have (but for such taxpayer's death) been included in the gross income of such taxpayer under paragraph (1) for any taxable year beginning after the date of such death shall be included in the gross income of such surviving spouse for the taxable year of such surviving spouse ending with or within such taxable year of the taxpayer.

To increase the benefits guaranteed in connection with certain pension plans, and for other purposes. a) In General.-- (1) Increase to full vested plan benefit.-- (A) In general.--For purposes of determining what benefits are guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) with respect to an eligible participant or beneficiary under a covered plan specified in paragraph (4) in connection with the termination of such plan, the amount of monthly benefits shall be equal to the full vested plan benefit with respect to the participant. ( (2) Recalculation of certain benefits.-- (A) In general.--In any case in which the amount of monthly benefits with respect to an eligible participant or beneficiary described in paragraph (1) was calculated prior to the date of enactment of this Act, the corporation shall recalculate such amount pursuant to paragraph (1), and shall adjust any subsequent payments of such monthly benefits accordingly, as soon as practicable after such date. Notwithstanding the previous sentence, the corporation shall increase each lump-sum payment made under this subparagraph to account for foregone interest in an amount determined by the corporation designed to reflect a 6 percent annual interest rate on each past- due amount attributable to the underpayment of guaranteed benefits for each month prior to such recalculation. ( ii) Applicable payments.--For purposes of this paragraph, applicable payments to a participant or beneficiary in connection with a plan consist of the following: (I) Payments under the plan equal to the normal benefit guarantee of the participant or beneficiary. (II) Payments to the participant or beneficiary made pursuant to section 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322(c)) or otherwise received from the corporation in connection with the termination of the plan. ( C) The PHI Non-Bargaining Retirement Plan. ( (5) Treatment of pbgc determinations.--Any determination made by the corporation under this section concerning a recalculation of benefits or lump-sum payment of past-due benefits shall be subject to administrative review by the corporation. The Fund shall be credited with amounts from time to time as the Secretary of the Treasury, in coordination with the Director of the corporation, determines appropriate, out of amounts in the Treasury not otherwise appropriated. (3) Expenditures from fund.--Amounts in the Fund shall be available for the payment of the portion of monthly benefits guaranteed to a participant or beneficiary pursuant to subsection (a) and for necessary administrative and operating expenses of the corporation relating to such payment. ( 2) Special rules related to death.-- (A) In general.--If the taxpayer dies before the end of the 3-taxable-year period described in paragraph (1), any amount to which paragraph (1) applies which has not been included in gross income for a taxable year ending before the taxable year in which such death occurs shall be included in gross income for such taxable year.

To increase the benefits guaranteed in connection with certain pension plans, and for other purposes. a) In General.-- (1) Increase to full vested plan benefit.-- (A) In general.--For purposes of determining what benefits are guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) with respect to an eligible participant or beneficiary under a covered plan specified in paragraph (4) in connection with the termination of such plan, the amount of monthly benefits shall be equal to the full vested plan benefit with respect to the participant. ( Notwithstanding the previous sentence, the corporation shall increase each lump-sum payment made under this subparagraph to account for foregone interest in an amount determined by the corporation designed to reflect a 6 percent annual interest rate on each past- due amount attributable to the underpayment of guaranteed benefits for each month prior to such recalculation. ii) Applicable payments.--For purposes of this paragraph, applicable payments to a participant or beneficiary in connection with a plan consist of the following: (I) Payments under the plan equal to the normal benefit guarantee of the participant or beneficiary. ( II) Payments to the participant or beneficiary made pursuant to section 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322(c)) or otherwise received from the corporation in connection with the termination of the plan. ( (4) Covered plans.--The covered plans specified in this paragraph are the following: (A) The Delphi Hourly-Rate Employees Pension Plan. ( E) The PHI Bargaining Retirement Plan. ( 3) Expenditures from fund.--Amounts in the Fund shall be available for the payment of the portion of monthly benefits guaranteed to a participant or beneficiary pursuant to subsection (a) and for necessary administrative and operating expenses of the corporation relating to such payment. ( (d) Tax Treatment of Lump-Sum Payments.-- (1) In general.--Unless the taxpayer elects (at such time and in such manner as the Secretary may provide) to have this paragraph not apply with respect to any lump-sum payment under subsection (a)(2)(B), the amount of such payment shall be included in the taxpayer's gross income ratably over the 3- taxable-year period beginning with the taxable year in which such payment is received. ( 2) Special rules related to death.-- (A) In general.--If the taxpayer dies before the end of the 3-taxable-year period described in paragraph (1), any amount to which paragraph (1) applies which has not been included in gross income for a taxable year ending before the taxable year in which such death occurs shall be included in gross income for such taxable year. (

To increase the benefits guaranteed in connection with certain pension plans, and for other purposes. a) In General.-- (1) Increase to full vested plan benefit.-- (A) In general.--For purposes of determining what benefits are guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) with respect to an eligible participant or beneficiary under a covered plan specified in paragraph (4) in connection with the termination of such plan, the amount of monthly benefits shall be equal to the full vested plan benefit with respect to the participant. ( Notwithstanding the previous sentence, the corporation shall increase each lump-sum payment made under this subparagraph to account for foregone interest in an amount determined by the corporation designed to reflect a 6 percent annual interest rate on each past- due amount attributable to the underpayment of guaranteed benefits for each month prior to such recalculation. ii) Applicable payments.--For purposes of this paragraph, applicable payments to a participant or beneficiary in connection with a plan consist of the following: (I) Payments under the plan equal to the normal benefit guarantee of the participant or beneficiary. ( II) Payments to the participant or beneficiary made pursuant to section 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322(c)) or otherwise received from the corporation in connection with the termination of the plan. ( (4) Covered plans.--The covered plans specified in this paragraph are the following: (A) The Delphi Hourly-Rate Employees Pension Plan. ( E) The PHI Bargaining Retirement Plan. ( 3) Expenditures from fund.--Amounts in the Fund shall be available for the payment of the portion of monthly benefits guaranteed to a participant or beneficiary pursuant to subsection (a) and for necessary administrative and operating expenses of the corporation relating to such payment. ( (d) Tax Treatment of Lump-Sum Payments.-- (1) In general.--Unless the taxpayer elects (at such time and in such manner as the Secretary may provide) to have this paragraph not apply with respect to any lump-sum payment under subsection (a)(2)(B), the amount of such payment shall be included in the taxpayer's gross income ratably over the 3- taxable-year period beginning with the taxable year in which such payment is received. ( 2) Special rules related to death.-- (A) In general.--If the taxpayer dies before the end of the 3-taxable-year period described in paragraph (1), any amount to which paragraph (1) applies which has not been included in gross income for a taxable year ending before the taxable year in which such death occurs shall be included in gross income for such taxable year. (

To increase the benefits guaranteed in connection with certain pension plans, and for other purposes. a) In General.-- (1) Increase to full vested plan benefit.-- (A) In general.--For purposes of determining what benefits are guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) with respect to an eligible participant or beneficiary under a covered plan specified in paragraph (4) in connection with the termination of such plan, the amount of monthly benefits shall be equal to the full vested plan benefit with respect to the participant. ( (2) Recalculation of certain benefits.-- (A) In general.--In any case in which the amount of monthly benefits with respect to an eligible participant or beneficiary described in paragraph (1) was calculated prior to the date of enactment of this Act, the corporation shall recalculate such amount pursuant to paragraph (1), and shall adjust any subsequent payments of such monthly benefits accordingly, as soon as practicable after such date. Notwithstanding the previous sentence, the corporation shall increase each lump-sum payment made under this subparagraph to account for foregone interest in an amount determined by the corporation designed to reflect a 6 percent annual interest rate on each past- due amount attributable to the underpayment of guaranteed benefits for each month prior to such recalculation. ( ii) Applicable payments.--For purposes of this paragraph, applicable payments to a participant or beneficiary in connection with a plan consist of the following: (I) Payments under the plan equal to the normal benefit guarantee of the participant or beneficiary. (II) Payments to the participant or beneficiary made pursuant to section 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322(c)) or otherwise received from the corporation in connection with the termination of the plan. ( C) The PHI Non-Bargaining Retirement Plan. ( (5) Treatment of pbgc determinations.--Any determination made by the corporation under this section concerning a recalculation of benefits or lump-sum payment of past-due benefits shall be subject to administrative review by the corporation. The Fund shall be credited with amounts from time to time as the Secretary of the Treasury, in coordination with the Director of the corporation, determines appropriate, out of amounts in the Treasury not otherwise appropriated. (3) Expenditures from fund.--Amounts in the Fund shall be available for the payment of the portion of monthly benefits guaranteed to a participant or beneficiary pursuant to subsection (a) and for necessary administrative and operating expenses of the corporation relating to such payment. ( 2) Special rules related to death.-- (A) In general.--If the taxpayer dies before the end of the 3-taxable-year period described in paragraph (1), any amount to which paragraph (1) applies which has not been included in gross income for a taxable year ending before the taxable year in which such death occurs shall be included in gross income for such taxable year.

To increase the benefits guaranteed in connection with certain pension plans, and for other purposes. a) In General.-- (1) Increase to full vested plan benefit.-- (A) In general.--For purposes of determining what benefits are guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) with respect to an eligible participant or beneficiary under a covered plan specified in paragraph (4) in connection with the termination of such plan, the amount of monthly benefits shall be equal to the full vested plan benefit with respect to the participant. ( Notwithstanding the previous sentence, the corporation shall increase each lump-sum payment made under this subparagraph to account for foregone interest in an amount determined by the corporation designed to reflect a 6 percent annual interest rate on each past- due amount attributable to the underpayment of guaranteed benefits for each month prior to such recalculation. ii) Applicable payments.--For purposes of this paragraph, applicable payments to a participant or beneficiary in connection with a plan consist of the following: (I) Payments under the plan equal to the normal benefit guarantee of the participant or beneficiary. ( II) Payments to the participant or beneficiary made pursuant to section 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322(c)) or otherwise received from the corporation in connection with the termination of the plan. ( (4) Covered plans.--The covered plans specified in this paragraph are the following: (A) The Delphi Hourly-Rate Employees Pension Plan. ( E) The PHI Bargaining Retirement Plan. ( 3) Expenditures from fund.--Amounts in the Fund shall be available for the payment of the portion of monthly benefits guaranteed to a participant or beneficiary pursuant to subsection (a) and for necessary administrative and operating expenses of the corporation relating to such payment. ( (d) Tax Treatment of Lump-Sum Payments.-- (1) In general.--Unless the taxpayer elects (at such time and in such manner as the Secretary may provide) to have this paragraph not apply with respect to any lump-sum payment under subsection (a)(2)(B), the amount of such payment shall be included in the taxpayer's gross income ratably over the 3- taxable-year period beginning with the taxable year in which such payment is received. ( 2) Special rules related to death.-- (A) In general.--If the taxpayer dies before the end of the 3-taxable-year period described in paragraph (1), any amount to which paragraph (1) applies which has not been included in gross income for a taxable year ending before the taxable year in which such death occurs shall be included in gross income for such taxable year. (

To increase the benefits guaranteed in connection with certain pension plans, and for other purposes. a) In General.-- (1) Increase to full vested plan benefit.-- (A) In general.--For purposes of determining what benefits are guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) with respect to an eligible participant or beneficiary under a covered plan specified in paragraph (4) in connection with the termination of such plan, the amount of monthly benefits shall be equal to the full vested plan benefit with respect to the participant. ( (2) Recalculation of certain benefits.-- (A) In general.--In any case in which the amount of monthly benefits with respect to an eligible participant or beneficiary described in paragraph (1) was calculated prior to the date of enactment of this Act, the corporation shall recalculate such amount pursuant to paragraph (1), and shall adjust any subsequent payments of such monthly benefits accordingly, as soon as practicable after such date. Notwithstanding the previous sentence, the corporation shall increase each lump-sum payment made under this subparagraph to account for foregone interest in an amount determined by the corporation designed to reflect a 6 percent annual interest rate on each past- due amount attributable to the underpayment of guaranteed benefits for each month prior to such recalculation. ( ii) Applicable payments.--For purposes of this paragraph, applicable payments to a participant or beneficiary in connection with a plan consist of the following: (I) Payments under the plan equal to the normal benefit guarantee of the participant or beneficiary. (II) Payments to the participant or beneficiary made pursuant to section 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322(c)) or otherwise received from the corporation in connection with the termination of the plan. ( C) The PHI Non-Bargaining Retirement Plan. ( (5) Treatment of pbgc determinations.--Any determination made by the corporation under this section concerning a recalculation of benefits or lump-sum payment of past-due benefits shall be subject to administrative review by the corporation. The Fund shall be credited with amounts from time to time as the Secretary of the Treasury, in coordination with the Director of the corporation, determines appropriate, out of amounts in the Treasury not otherwise appropriated. (3) Expenditures from fund.--Amounts in the Fund shall be available for the payment of the portion of monthly benefits guaranteed to a participant or beneficiary pursuant to subsection (a) and for necessary administrative and operating expenses of the corporation relating to such payment. ( 2) Special rules related to death.-- (A) In general.--If the taxpayer dies before the end of the 3-taxable-year period described in paragraph (1), any amount to which paragraph (1) applies which has not been included in gross income for a taxable year ending before the taxable year in which such death occurs shall be included in gross income for such taxable year.

To increase the benefits guaranteed in connection with certain pension plans, and for other purposes. a) In General.-- (1) Increase to full vested plan benefit.-- (A) In general.--For purposes of determining what benefits are guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) with respect to an eligible participant or beneficiary under a covered plan specified in paragraph (4) in connection with the termination of such plan, the amount of monthly benefits shall be equal to the full vested plan benefit with respect to the participant. ( Notwithstanding the previous sentence, the corporation shall increase each lump-sum payment made under this subparagraph to account for foregone interest in an amount determined by the corporation designed to reflect a 6 percent annual interest rate on each past- due amount attributable to the underpayment of guaranteed benefits for each month prior to such recalculation. ii) Applicable payments.--For purposes of this paragraph, applicable payments to a participant or beneficiary in connection with a plan consist of the following: (I) Payments under the plan equal to the normal benefit guarantee of the participant or beneficiary. ( II) Payments to the participant or beneficiary made pursuant to section 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322(c)) or otherwise received from the corporation in connection with the termination of the plan. ( (4) Covered plans.--The covered plans specified in this paragraph are the following: (A) The Delphi Hourly-Rate Employees Pension Plan. ( E) The PHI Bargaining Retirement Plan. ( 3) Expenditures from fund.--Amounts in the Fund shall be available for the payment of the portion of monthly benefits guaranteed to a participant or beneficiary pursuant to subsection (a) and for necessary administrative and operating expenses of the corporation relating to such payment. ( (d) Tax Treatment of Lump-Sum Payments.-- (1) In general.--Unless the taxpayer elects (at such time and in such manner as the Secretary may provide) to have this paragraph not apply with respect to any lump-sum payment under subsection (a)(2)(B), the amount of such payment shall be included in the taxpayer's gross income ratably over the 3- taxable-year period beginning with the taxable year in which such payment is received. ( 2) Special rules related to death.-- (A) In general.--If the taxpayer dies before the end of the 3-taxable-year period described in paragraph (1), any amount to which paragraph (1) applies which has not been included in gross income for a taxable year ending before the taxable year in which such death occurs shall be included in gross income for such taxable year. (

To increase the benefits guaranteed in connection with certain pension plans, and for other purposes. a) In General.-- (1) Increase to full vested plan benefit.-- (A) In general.--For purposes of determining what benefits are guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) with respect to an eligible participant or beneficiary under a covered plan specified in paragraph (4) in connection with the termination of such plan, the amount of monthly benefits shall be equal to the full vested plan benefit with respect to the participant. ( (2) Recalculation of certain benefits.-- (A) In general.--In any case in which the amount of monthly benefits with respect to an eligible participant or beneficiary described in paragraph (1) was calculated prior to the date of enactment of this Act, the corporation shall recalculate such amount pursuant to paragraph (1), and shall adjust any subsequent payments of such monthly benefits accordingly, as soon as practicable after such date. Notwithstanding the previous sentence, the corporation shall increase each lump-sum payment made under this subparagraph to account for foregone interest in an amount determined by the corporation designed to reflect a 6 percent annual interest rate on each past- due amount attributable to the underpayment of guaranteed benefits for each month prior to such recalculation. ( ii) Applicable payments.--For purposes of this paragraph, applicable payments to a participant or beneficiary in connection with a plan consist of the following: (I) Payments under the plan equal to the normal benefit guarantee of the participant or beneficiary. (II) Payments to the participant or beneficiary made pursuant to section 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322(c)) or otherwise received from the corporation in connection with the termination of the plan. ( C) The PHI Non-Bargaining Retirement Plan. ( (5) Treatment of pbgc determinations.--Any determination made by the corporation under this section concerning a recalculation of benefits or lump-sum payment of past-due benefits shall be subject to administrative review by the corporation. The Fund shall be credited with amounts from time to time as the Secretary of the Treasury, in coordination with the Director of the corporation, determines appropriate, out of amounts in the Treasury not otherwise appropriated. (3) Expenditures from fund.--Amounts in the Fund shall be available for the payment of the portion of monthly benefits guaranteed to a participant or beneficiary pursuant to subsection (a) and for necessary administrative and operating expenses of the corporation relating to such payment. ( 2) Special rules related to death.-- (A) In general.--If the taxpayer dies before the end of the 3-taxable-year period described in paragraph (1), any amount to which paragraph (1) applies which has not been included in gross income for a taxable year ending before the taxable year in which such death occurs shall be included in gross income for such taxable year.

To increase the benefits guaranteed in connection with certain pension plans, and for other purposes. a) In General.-- (1) Increase to full vested plan benefit.-- (A) In general.--For purposes of determining what benefits are guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) with respect to an eligible participant or beneficiary under a covered plan specified in paragraph (4) in connection with the termination of such plan, the amount of monthly benefits shall be equal to the full vested plan benefit with respect to the participant. ( ( (d) Tax Treatment of Lump-Sum Payments.-- (1) In general.--Unless the taxpayer elects (at such time and in such manner as the Secretary may provide) to have this paragraph not apply with respect to any lump-sum payment under subsection (a)(2)(B), the amount of such payment shall be included in the taxpayer's gross income ratably over the 3- taxable-year period beginning with the taxable year in which such payment is received. ( 2) Special rules related to death.-- (A) In general.--If the taxpayer dies before the end of the 3-taxable-year period described in paragraph (1), any amount to which paragraph (1) applies which has not been included in gross income for a taxable year ending before the taxable year in which such death occurs shall be included in gross income for such taxable year. (

To increase the benefits guaranteed in connection with certain pension plans, and for other purposes. a) In General.-- (1) Increase to full vested plan benefit.-- (A) In general.--For purposes of determining what benefits are guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) with respect to an eligible participant or beneficiary under a covered plan specified in paragraph (4) in connection with the termination of such plan, the amount of monthly benefits shall be equal to the full vested plan benefit with respect to the participant. ( ( ( ii) Applicable payments.--For purposes of this paragraph, applicable payments to a participant or beneficiary in connection with a plan consist of the following: (I) Payments under the plan equal to the normal benefit guarantee of the participant or beneficiary. ( II) Payments to the participant or beneficiary made pursuant to section 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322(c)) or otherwise received from the corporation in connection with the termination of the plan. ( ( 2) Special rules related to death.-- (A) In general.--If the taxpayer dies before the end of the 3-taxable-year period described in paragraph (1), any amount to which paragraph (1) applies which has not been included in gross income for a taxable year ending before the taxable year in which such death occurs shall be included in gross income for such taxable year.

Susan Muffley Act of 2022 - Establishes a new formula for determining what benefits are guaranteed under the Employee Retirement Income Security Act of 1974 (ERISA) with respect to an eligible participant or beneficiary under a General Motors (GM) pension plan in connection with the termination of such plan. (Currently, the formula is based on a formula developed by the Pension Benefit Guaranty Corporation Establishes in the Treasury the Delphi Full Vested Plan Benefit Trust Fund to be used for the costs of payments of the portions of monthly benefits guaranteed to participants and beneficiaries and for necessary administrative and operating expenses of the corporation relating to such payments. (Sec. 2) Provides for the tax treatment of lump-sum payments. (Sec.) (Sec) (Sec). (

S.4521

Emergency Management

Keeping Everyone Safe and Securing Lives by Emergency Readiness Act or the KESSLER Act This bill directs the President to develop a national strategy to ensure the health and safety of the U.S. civilian population in case of catastrophic incidents. Specifically, the President must develop and submit to Congress a strategy to The President must issue a plan to implement and operationalize the strategy. The Department of Homeland Security shall lead a national exercise to test and enhance the operationalization of the implementation plan. The President must provide recommendations for (1) actions that should be taken to prepare the United States to implement the strategy, increase readiness, and address preparedness gaps; and (2) additional authorities that should be considered to more effectively implement the strategy.

To require the President to develop a strategy to ensure the health, safety, and general welfare of the civilian population of the United States in case of catastrophic incidents disabling 1 or more critical infrastructure sectors or significantly disrupting the critical functions of modern society, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Everyone Safe and Securing Lives by Emergency Readiness Act'' or the ``KESSLER Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the integration of connected technologies has become essential to the operation of modern critical infrastructure; (2) reliance on connected technologies and interoperability across critical infrastructure sectors create new vulnerabilities that may be used against the United States; (3) adversaries of the United States have targeted critical infrastructure and are likely to increase attacks on essential services in the United States should global conflicts escalate; (4) while strong defenses and mitigation measures are essential to the safety of the United States, no strategy can stop all catastrophic events; (5) the Federal Government must prepare Federal, State, and local governments, along with the people of the United States, to promote the general welfare of the civilian population of the United States even if most or all critical infrastructure sectors are impacted by catastrophic events; and (6) such preparations must include coordination with State, local, and Tribal governments, private sector entities, and individual citizens. SEC. 3. DEFINITIONS. In this Act: (1) Basic need.--The term ``basic need''-- (A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and (B) includes-- (i) food; (ii) water; (iii) shelter; (iv) reliable energy; (v) basic communication services; and (vi) public safety. (2) Catastrophic incident.--The term ``catastrophic incident'' means an incident, whether caused by human or natural events, in which multiple levels of United States critical infrastructure are destroyed, damaged, or interrupted in sufficient magnitude to threaten the health, safety, or general welfare of the civilian population of the United States. (3) Critical infrastructure.--The term ``critical infrastructure'' has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)). (4) National exercise.--The term ``national exercise'' means a national exercise described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)). (5) Tribal government.--The term ``Tribal government'' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). SEC. 4. STRATEGY TO ENSURE THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE CIVILIAN POPULATION OF THE UNITED STATES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the President shall develop and submit to Congress a strategy to-- (1) provide for the basic needs of the civilian population of the United States that is impacted by catastrophic incidents in the United States; (2) coordinate response efforts with State and local governments, the private sector, and nonprofit relief organizations; (3) promote personal and local readiness and non-reliance on government relief during periods of heightened tension or after catastrophic incidents; and (4) develop international partnerships with allied nations for the provision of relief services and goods. (b) Elements of the Strategy.--The strategy developed under subsection (a) shall include a description of-- (1) actions the President will take to ensure the basic needs of the civilian population of the United States in a catastrophic incident are met; (2) how the President will coordinate and facilitate agreements with non-Federal entities to multiply resources and enhance relief capabilities, including-- (A) State and local governments; (B) Tribal governments; (C) State disaster relief agencies; (D) State and local disaster relief managers; (E) State National Guards; (F) law enforcement and first response entities; and (G) nonprofit relief services; (3) actions the President will take to enhance individual resiliency to the effects of a catastrophic incident, which actions shall include-- (A) readiness alerts to the public during periods of elevated threat; (B) efforts to enhance domestic supply and availability of critical goods and basic necessities; and (C) information campaigns to ensure the public is aware of response plans and services that will be activated when necessary; (4) efforts the President will undertake and agreements the President will seek with international allies to enhance the readiness of the United States to provide for the general welfare; (5) how the strategic plan will be implemented should multiple levels of critical infrastructure be destroyed or taken offline entirely for an extended period of time; (6) how the strategic plan will be made operational within the larger response strategy of the United States; and (7) the authorities the President would implicate in responding to a catastrophic incident. (c) Assumptions.--In designing the strategy under subsection (a), the President shall account for certain factors to make the strategy operationally viable, including the assumption that-- (1) multiple levels of critical infrastructure have been taken offline or destroyed by catastrophic incidents or the effects of catastrophic incidents; (2) impacted sectors may include-- (A) the transportation sector; (B) the communication sector; (C) the energy sector; (D) the healthcare and public health sector; (E) the water and wastewater sector; and (F) the financial sector; (3) State and local governments have been equally affected or made largely inoperable by catastrophic incidents or the effects of catastrophic incidents; (4) the emergency has exceeded the response capabilities of State and local governments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. (d) Existing Plans.--The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. (e) Availability.--The strategy developed under subsection (a)-- (1) shall be made available to Congress and appropriate government entities; and (2) may include a classified, or other restricted, annex. (f) Delegation.--The President may delegate all or some of the authority under this section to the Secretary of Homeland Security or a designee thereof. SEC. 5. IMPLEMENTATION PLAN. Not later than 90 days after the issuance of the strategy required under section 4, the President shall issue a plan to implement and operationalize the strategy, which shall include-- (1) steps the President will take to prepare implicated entities for mobilization under the strategy; and (2) specific actions the President will take to-- (A) ensure the continued readiness of the United States to implement the strategy; (B) educate the public and non-Federal entities on the strategy and the role individual citizens should play to ensure the objectives of the strategy are met; (C) ensure the objectives of the strategy are met; and (D) ensure foreign adversaries are not able to undermine the operationalization of the strategy. SEC. 6. NATIONAL RESPONSE EXERCISE. (a) In General.--Not later than 1 year after the issuance of the implementation plan required under section 5, the Department of Homeland Security shall lead a national exercise, in coordination with the appropriate government agencies, to test and enhance the operationalization of the implementation plan. (b) Requirements.--A national exercise conducted under this section shall include participation from most or all entities implicated by the strategy required under section 4, including-- (1) State, local, and Tribal governments; (2) information sharing and analysis centers; and (3) owners and operators of critical infrastructure. SEC. 7. RECOMMENDATIONS. (a) In General.--The President shall provide recommendations to Congress for-- (1) actions that should be taken to prepare the United States to implement the strategy required under section 4, increase readiness, and address preparedness gaps for responding to the impacts and effects of catastrophic incidents on citizens of the United States; and (2) additional authorities that should be considered for Federal agencies and the President to more effectively implement the strategy required under section 4. (b) Inclusion in Reports.--The President may include the recommendations required under subsection (a) in a report submitted under section 8. SEC. 8. REPORT ON STRATEGY, IMPLEMENTATION PLAN, AND NATIONAL EXERCISE. Not later than 1 year after the date on which Department of Homeland Security leads the national exercise under section 6, the President shall submit to Congress a report that includes-- (1) a description of the efforts of the President to develop and update the strategy required under section 4; (2) a description of the efforts of the President to develop and update the implementation plan required under section 5; and (3) an analysis of the effectiveness and benefit of the national exercise conducted under section 6. <all>

KESSLER Act

A bill to require the President to develop a strategy to ensure the health, safety, and general welfare of the civilian population of the United States in case of catastrophic incidents disabling 1 or more critical infrastructure sectors or significantly disrupting the critical functions of modern society, and for other purposes.

KESSLER Act Keeping Everyone Safe and Securing Lives by Emergency Readiness Act

Sen. Cornyn, John

R

TX

This bill directs the President to develop a national strategy to ensure the health and safety of the U.S. civilian population in case of catastrophic incidents. Specifically, the President must develop and submit to Congress a strategy to The President must issue a plan to implement and operationalize the strategy. The Department of Homeland Security shall lead a national exercise to test and enhance the operationalization of the implementation plan. The President must provide recommendations for (1) actions that should be taken to prepare the United States to implement the strategy, increase readiness, and address preparedness gaps; and (2) additional authorities that should be considered to more effectively implement the strategy.

SHORT TITLE. This Act may be cited as the ``Keeping Everyone Safe and Securing Lives by Emergency Readiness Act'' or the ``KESSLER Act''. 2. FINDINGS. 3. DEFINITIONS. (3) Critical infrastructure.--The term ``critical infrastructure'' has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. (5) Tribal government.--The term ``Tribal government'' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). 4. STRATEGY TO ENSURE THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE CIVILIAN POPULATION OF THE UNITED STATES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the President shall develop and submit to Congress a strategy to-- (1) provide for the basic needs of the civilian population of the United States that is impacted by catastrophic incidents in the United States; (2) coordinate response efforts with State and local governments, the private sector, and nonprofit relief organizations; (3) promote personal and local readiness and non-reliance on government relief during periods of heightened tension or after catastrophic incidents; and (4) develop international partnerships with allied nations for the provision of relief services and goods. 5121 et seq.) and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. (d) Existing Plans.--The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. (f) Delegation.--The President may delegate all or some of the authority under this section to the Secretary of Homeland Security or a designee thereof. 5. IMPLEMENTATION PLAN. Not later than 90 days after the issuance of the strategy required under section 4, the President shall issue a plan to implement and operationalize the strategy, which shall include-- (1) steps the President will take to prepare implicated entities for mobilization under the strategy; and (2) specific actions the President will take to-- (A) ensure the continued readiness of the United States to implement the strategy; (B) educate the public and non-Federal entities on the strategy and the role individual citizens should play to ensure the objectives of the strategy are met; (C) ensure the objectives of the strategy are met; and (D) ensure foreign adversaries are not able to undermine the operationalization of the strategy. 6. NATIONAL RESPONSE EXERCISE. 7. (b) Inclusion in Reports.--The President may include the recommendations required under subsection (a) in a report submitted under section 8. SEC.

2. 3. (3) Critical infrastructure.--The term ``critical infrastructure'' has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. (5) Tribal government.--The term ``Tribal government'' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 4. STRATEGY TO ENSURE THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE CIVILIAN POPULATION OF THE UNITED STATES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the President shall develop and submit to Congress a strategy to-- (1) provide for the basic needs of the civilian population of the United States that is impacted by catastrophic incidents in the United States; (2) coordinate response efforts with State and local governments, the private sector, and nonprofit relief organizations; (3) promote personal and local readiness and non-reliance on government relief during periods of heightened tension or after catastrophic incidents; and (4) develop international partnerships with allied nations for the provision of relief services and goods. (f) Delegation.--The President may delegate all or some of the authority under this section to the Secretary of Homeland Security or a designee thereof. 5. IMPLEMENTATION PLAN. 6. NATIONAL RESPONSE EXERCISE. 7. (b) Inclusion in Reports.--The President may include the recommendations required under subsection (a) in a report submitted under section 8. SEC.

SHORT TITLE. This Act may be cited as the ``Keeping Everyone Safe and Securing Lives by Emergency Readiness Act'' or the ``KESSLER Act''. 2. FINDINGS. 3. DEFINITIONS. (3) Critical infrastructure.--The term ``critical infrastructure'' has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. (5) Tribal government.--The term ``Tribal government'' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). 4. STRATEGY TO ENSURE THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE CIVILIAN POPULATION OF THE UNITED STATES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the President shall develop and submit to Congress a strategy to-- (1) provide for the basic needs of the civilian population of the United States that is impacted by catastrophic incidents in the United States; (2) coordinate response efforts with State and local governments, the private sector, and nonprofit relief organizations; (3) promote personal and local readiness and non-reliance on government relief during periods of heightened tension or after catastrophic incidents; and (4) develop international partnerships with allied nations for the provision of relief services and goods. (c) Assumptions.--In designing the strategy under subsection (a), the President shall account for certain factors to make the strategy operationally viable, including the assumption that-- (1) multiple levels of critical infrastructure have been taken offline or destroyed by catastrophic incidents or the effects of catastrophic incidents; (2) impacted sectors may include-- (A) the transportation sector; (B) the communication sector; (C) the energy sector; (D) the healthcare and public health sector; (E) the water and wastewater sector; and (F) the financial sector; (3) State and local governments have been equally affected or made largely inoperable by catastrophic incidents or the effects of catastrophic incidents; (4) the emergency has exceeded the response capabilities of State and local governments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. (d) Existing Plans.--The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. (f) Delegation.--The President may delegate all or some of the authority under this section to the Secretary of Homeland Security or a designee thereof. 5. IMPLEMENTATION PLAN. Not later than 90 days after the issuance of the strategy required under section 4, the President shall issue a plan to implement and operationalize the strategy, which shall include-- (1) steps the President will take to prepare implicated entities for mobilization under the strategy; and (2) specific actions the President will take to-- (A) ensure the continued readiness of the United States to implement the strategy; (B) educate the public and non-Federal entities on the strategy and the role individual citizens should play to ensure the objectives of the strategy are met; (C) ensure the objectives of the strategy are met; and (D) ensure foreign adversaries are not able to undermine the operationalization of the strategy. 6. NATIONAL RESPONSE EXERCISE. (a) In General.--Not later than 1 year after the issuance of the implementation plan required under section 5, the Department of Homeland Security shall lead a national exercise, in coordination with the appropriate government agencies, to test and enhance the operationalization of the implementation plan. 7. (b) Inclusion in Reports.--The President may include the recommendations required under subsection (a) in a report submitted under section 8. SEC.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Everyone Safe and Securing Lives by Emergency Readiness Act'' or the ``KESSLER Act''. 2. FINDINGS. Congress finds that-- (1) the integration of connected technologies has become essential to the operation of modern critical infrastructure; (2) reliance on connected technologies and interoperability across critical infrastructure sectors create new vulnerabilities that may be used against the United States; (3) adversaries of the United States have targeted critical infrastructure and are likely to increase attacks on essential services in the United States should global conflicts escalate; (4) while strong defenses and mitigation measures are essential to the safety of the United States, no strategy can stop all catastrophic events; (5) the Federal Government must prepare Federal, State, and local governments, along with the people of the United States, to promote the general welfare of the civilian population of the United States even if most or all critical infrastructure sectors are impacted by catastrophic events; and (6) such preparations must include coordination with State, local, and Tribal governments, private sector entities, and individual citizens. 3. DEFINITIONS. In this Act: (1) Basic need.--The term ``basic need''-- (A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and (B) includes-- (i) food; (ii) water; (iii) shelter; (iv) reliable energy; (v) basic communication services; and (vi) public safety. (3) Critical infrastructure.--The term ``critical infrastructure'' has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)). 748(b)). (5) Tribal government.--The term ``Tribal government'' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). 4. STRATEGY TO ENSURE THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE CIVILIAN POPULATION OF THE UNITED STATES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the President shall develop and submit to Congress a strategy to-- (1) provide for the basic needs of the civilian population of the United States that is impacted by catastrophic incidents in the United States; (2) coordinate response efforts with State and local governments, the private sector, and nonprofit relief organizations; (3) promote personal and local readiness and non-reliance on government relief during periods of heightened tension or after catastrophic incidents; and (4) develop international partnerships with allied nations for the provision of relief services and goods. (c) Assumptions.--In designing the strategy under subsection (a), the President shall account for certain factors to make the strategy operationally viable, including the assumption that-- (1) multiple levels of critical infrastructure have been taken offline or destroyed by catastrophic incidents or the effects of catastrophic incidents; (2) impacted sectors may include-- (A) the transportation sector; (B) the communication sector; (C) the energy sector; (D) the healthcare and public health sector; (E) the water and wastewater sector; and (F) the financial sector; (3) State and local governments have been equally affected or made largely inoperable by catastrophic incidents or the effects of catastrophic incidents; (4) the emergency has exceeded the response capabilities of State and local governments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. (d) Existing Plans.--The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. (f) Delegation.--The President may delegate all or some of the authority under this section to the Secretary of Homeland Security or a designee thereof. 5. IMPLEMENTATION PLAN. Not later than 90 days after the issuance of the strategy required under section 4, the President shall issue a plan to implement and operationalize the strategy, which shall include-- (1) steps the President will take to prepare implicated entities for mobilization under the strategy; and (2) specific actions the President will take to-- (A) ensure the continued readiness of the United States to implement the strategy; (B) educate the public and non-Federal entities on the strategy and the role individual citizens should play to ensure the objectives of the strategy are met; (C) ensure the objectives of the strategy are met; and (D) ensure foreign adversaries are not able to undermine the operationalization of the strategy. 6. NATIONAL RESPONSE EXERCISE. (a) In General.--Not later than 1 year after the issuance of the implementation plan required under section 5, the Department of Homeland Security shall lead a national exercise, in coordination with the appropriate government agencies, to test and enhance the operationalization of the implementation plan. 7. (b) Inclusion in Reports.--The President may include the recommendations required under subsection (a) in a report submitted under section 8. SEC. Not later than 1 year after the date on which Department of Homeland Security leads the national exercise under section 6, the President shall submit to Congress a report that includes-- (1) a description of the efforts of the President to develop and update the strategy required under section 4; (2) a description of the efforts of the President to develop and update the implementation plan required under section 5; and (3) an analysis of the effectiveness and benefit of the national exercise conducted under section 6.

To require the President to develop a strategy to ensure the health, safety, and general welfare of the civilian population of the United States in case of catastrophic incidents disabling 1 or more critical infrastructure sectors or significantly disrupting the critical functions of modern society, and for other purposes. This Act may be cited as the ``Keeping Everyone Safe and Securing Lives by Emergency Readiness Act'' or the ``KESSLER Act''. In this Act: (1) Basic need.--The term ``basic need''-- (A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and (B) includes-- (i) food; (ii) water; (iii) shelter; (iv) reliable energy; (v) basic communication services; and (vi) public safety. (2) Catastrophic incident.--The term ``catastrophic incident'' means an incident, whether caused by human or natural events, in which multiple levels of United States critical infrastructure are destroyed, damaged, or interrupted in sufficient magnitude to threaten the health, safety, or general welfare of the civilian population of the United States. ( 4) National exercise.--The term ``national exercise'' means a national exercise described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)). ( and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. ( d) Existing Plans.--The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. ( (f) Delegation.--The President may delegate all or some of the authority under this section to the Secretary of Homeland Security or a designee thereof. a) In General.--Not later than 1 year after the issuance of the implementation plan required under section 5, the Department of Homeland Security shall lead a national exercise, in coordination with the appropriate government agencies, to test and enhance the operationalization of the implementation plan. ( (a) In General.--The President shall provide recommendations to Congress for-- (1) actions that should be taken to prepare the United States to implement the strategy required under section 4, increase readiness, and address preparedness gaps for responding to the impacts and effects of catastrophic incidents on citizens of the United States; and (2) additional authorities that should be considered for Federal agencies and the President to more effectively implement the strategy required under section 4. ( Not later than 1 year after the date on which Department of Homeland Security leads the national exercise under section 6, the President shall submit to Congress a report that includes-- (1) a description of the efforts of the President to develop and update the strategy required under section 4; (2) a description of the efforts of the President to develop and update the implementation plan required under section 5; and (3) an analysis of the effectiveness and benefit of the national exercise conducted under section 6.

To require the President to develop a strategy to ensure the health, safety, and general welfare of the civilian population of the United States in case of catastrophic incidents disabling 1 or more critical infrastructure sectors or significantly disrupting the critical functions of modern society, and for other purposes. In this Act: (1) Basic need.--The term ``basic need''-- (A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and (B) includes-- (i) food; (ii) water; (iii) shelter; (iv) reliable energy; (v) basic communication services; and (vi) public safety. ( (3) Critical infrastructure.--The term ``critical infrastructure'' has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)). ( 4) National exercise.--The term ``national exercise'' means a national exercise described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)). ( and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. ( d) Existing Plans.--The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. ( NATIONAL RESPONSE EXERCISE. ( a) In General.--Not later than 1 year after the issuance of the implementation plan required under section 5, the Department of Homeland Security shall lead a national exercise, in coordination with the appropriate government agencies, to test and enhance the operationalization of the implementation plan. ( Not later than 1 year after the date on which Department of Homeland Security leads the national exercise under section 6, the President shall submit to Congress a report that includes-- (1) a description of the efforts of the President to develop and update the strategy required under section 4; (2) a description of the efforts of the President to develop and update the implementation plan required under section 5; and (3) an analysis of the effectiveness and benefit of the national exercise conducted under section 6.

To require the President to develop a strategy to ensure the health, safety, and general welfare of the civilian population of the United States in case of catastrophic incidents disabling 1 or more critical infrastructure sectors or significantly disrupting the critical functions of modern society, and for other purposes. In this Act: (1) Basic need.--The term ``basic need''-- (A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and (B) includes-- (i) food; (ii) water; (iii) shelter; (iv) reliable energy; (v) basic communication services; and (vi) public safety. ( (3) Critical infrastructure.--The term ``critical infrastructure'' has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)). ( 4) National exercise.--The term ``national exercise'' means a national exercise described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)). ( and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. ( d) Existing Plans.--The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. ( NATIONAL RESPONSE EXERCISE. ( a) In General.--Not later than 1 year after the issuance of the implementation plan required under section 5, the Department of Homeland Security shall lead a national exercise, in coordination with the appropriate government agencies, to test and enhance the operationalization of the implementation plan. ( Not later than 1 year after the date on which Department of Homeland Security leads the national exercise under section 6, the President shall submit to Congress a report that includes-- (1) a description of the efforts of the President to develop and update the strategy required under section 4; (2) a description of the efforts of the President to develop and update the implementation plan required under section 5; and (3) an analysis of the effectiveness and benefit of the national exercise conducted under section 6.

To require the President to develop a strategy to ensure the health, safety, and general welfare of the civilian population of the United States in case of catastrophic incidents disabling 1 or more critical infrastructure sectors or significantly disrupting the critical functions of modern society, and for other purposes. This Act may be cited as the ``Keeping Everyone Safe and Securing Lives by Emergency Readiness Act'' or the ``KESSLER Act''. In this Act: (1) Basic need.--The term ``basic need''-- (A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and (B) includes-- (i) food; (ii) water; (iii) shelter; (iv) reliable energy; (v) basic communication services; and (vi) public safety. (2) Catastrophic incident.--The term ``catastrophic incident'' means an incident, whether caused by human or natural events, in which multiple levels of United States critical infrastructure are destroyed, damaged, or interrupted in sufficient magnitude to threaten the health, safety, or general welfare of the civilian population of the United States. ( 4) National exercise.--The term ``national exercise'' means a national exercise described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)). ( and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. ( d) Existing Plans.--The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. ( (f) Delegation.--The President may delegate all or some of the authority under this section to the Secretary of Homeland Security or a designee thereof. a) In General.--Not later than 1 year after the issuance of the implementation plan required under section 5, the Department of Homeland Security shall lead a national exercise, in coordination with the appropriate government agencies, to test and enhance the operationalization of the implementation plan. ( (a) In General.--The President shall provide recommendations to Congress for-- (1) actions that should be taken to prepare the United States to implement the strategy required under section 4, increase readiness, and address preparedness gaps for responding to the impacts and effects of catastrophic incidents on citizens of the United States; and (2) additional authorities that should be considered for Federal agencies and the President to more effectively implement the strategy required under section 4. ( Not later than 1 year after the date on which Department of Homeland Security leads the national exercise under section 6, the President shall submit to Congress a report that includes-- (1) a description of the efforts of the President to develop and update the strategy required under section 4; (2) a description of the efforts of the President to develop and update the implementation plan required under section 5; and (3) an analysis of the effectiveness and benefit of the national exercise conducted under section 6.

To require the President to develop a strategy to ensure the health, safety, and general welfare of the civilian population of the United States in case of catastrophic incidents disabling 1 or more critical infrastructure sectors or significantly disrupting the critical functions of modern society, and for other purposes. In this Act: (1) Basic need.--The term ``basic need''-- (A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and (B) includes-- (i) food; (ii) water; (iii) shelter; (iv) reliable energy; (v) basic communication services; and (vi) public safety. ( (3) Critical infrastructure.--The term ``critical infrastructure'' has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)). ( 4) National exercise.--The term ``national exercise'' means a national exercise described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)). ( and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. ( d) Existing Plans.--The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. ( NATIONAL RESPONSE EXERCISE. ( a) In General.--Not later than 1 year after the issuance of the implementation plan required under section 5, the Department of Homeland Security shall lead a national exercise, in coordination with the appropriate government agencies, to test and enhance the operationalization of the implementation plan. ( Not later than 1 year after the date on which Department of Homeland Security leads the national exercise under section 6, the President shall submit to Congress a report that includes-- (1) a description of the efforts of the President to develop and update the strategy required under section 4; (2) a description of the efforts of the President to develop and update the implementation plan required under section 5; and (3) an analysis of the effectiveness and benefit of the national exercise conducted under section 6.

To require the President to develop a strategy to ensure the health, safety, and general welfare of the civilian population of the United States in case of catastrophic incidents disabling 1 or more critical infrastructure sectors or significantly disrupting the critical functions of modern society, and for other purposes. This Act may be cited as the ``Keeping Everyone Safe and Securing Lives by Emergency Readiness Act'' or the ``KESSLER Act''. In this Act: (1) Basic need.--The term ``basic need''-- (A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and (B) includes-- (i) food; (ii) water; (iii) shelter; (iv) reliable energy; (v) basic communication services; and (vi) public safety. (2) Catastrophic incident.--The term ``catastrophic incident'' means an incident, whether caused by human or natural events, in which multiple levels of United States critical infrastructure are destroyed, damaged, or interrupted in sufficient magnitude to threaten the health, safety, or general welfare of the civilian population of the United States. ( 4) National exercise.--The term ``national exercise'' means a national exercise described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)). ( and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. ( d) Existing Plans.--The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. ( (f) Delegation.--The President may delegate all or some of the authority under this section to the Secretary of Homeland Security or a designee thereof. a) In General.--Not later than 1 year after the issuance of the implementation plan required under section 5, the Department of Homeland Security shall lead a national exercise, in coordination with the appropriate government agencies, to test and enhance the operationalization of the implementation plan. ( (a) In General.--The President shall provide recommendations to Congress for-- (1) actions that should be taken to prepare the United States to implement the strategy required under section 4, increase readiness, and address preparedness gaps for responding to the impacts and effects of catastrophic incidents on citizens of the United States; and (2) additional authorities that should be considered for Federal agencies and the President to more effectively implement the strategy required under section 4. ( Not later than 1 year after the date on which Department of Homeland Security leads the national exercise under section 6, the President shall submit to Congress a report that includes-- (1) a description of the efforts of the President to develop and update the strategy required under section 4; (2) a description of the efforts of the President to develop and update the implementation plan required under section 5; and (3) an analysis of the effectiveness and benefit of the national exercise conducted under section 6.

To require the President to develop a strategy to ensure the health, safety, and general welfare of the civilian population of the United States in case of catastrophic incidents disabling 1 or more critical infrastructure sectors or significantly disrupting the critical functions of modern society, and for other purposes. In this Act: (1) Basic need.--The term ``basic need''-- (A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and (B) includes-- (i) food; (ii) water; (iii) shelter; (iv) reliable energy; (v) basic communication services; and (vi) public safety. ( (3) Critical infrastructure.--The term ``critical infrastructure'' has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)). ( 4) National exercise.--The term ``national exercise'' means a national exercise described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)). ( and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. ( d) Existing Plans.--The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. ( NATIONAL RESPONSE EXERCISE. ( a) In General.--Not later than 1 year after the issuance of the implementation plan required under section 5, the Department of Homeland Security shall lead a national exercise, in coordination with the appropriate government agencies, to test and enhance the operationalization of the implementation plan. ( Not later than 1 year after the date on which Department of Homeland Security leads the national exercise under section 6, the President shall submit to Congress a report that includes-- (1) a description of the efforts of the President to develop and update the strategy required under section 4; (2) a description of the efforts of the President to develop and update the implementation plan required under section 5; and (3) an analysis of the effectiveness and benefit of the national exercise conducted under section 6.

To require the President to develop a strategy to ensure the health, safety, and general welfare of the civilian population of the United States in case of catastrophic incidents disabling 1 or more critical infrastructure sectors or significantly disrupting the critical functions of modern society, and for other purposes. 4) National exercise.--The term ``national exercise'' means a national exercise described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)). ( ( d) Existing Plans.--The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. ( ( a) In General.--Not later than 1 year after the issuance of the implementation plan required under section 5, the Department of Homeland Security shall lead a national exercise, in coordination with the appropriate government agencies, to test and enhance the operationalization of the implementation plan. ( ( ( Not later than 1 year after the date on which Department of Homeland Security leads the national exercise under section 6, the President shall submit to Congress a report that includes-- (1) a description of the efforts of the President to develop and update the strategy required under section 4; (2) a description of the efforts of the President to develop and update the implementation plan required under section 5; and (3) an analysis of the effectiveness and benefit of the national exercise conducted under section 6.

To require the President to develop a strategy to ensure the health, safety, and general welfare of the civilian population of the United States in case of catastrophic incidents disabling 1 or more critical infrastructure sectors or significantly disrupting the critical functions of modern society, and for other purposes. d) Existing Plans.--The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. ( ( Not later than 1 year after the date on which Department of Homeland Security leads the national exercise under section 6, the President shall submit to Congress a report that includes-- (1) a description of the efforts of the President to develop and update the strategy required under section 4; (2) a description of the efforts of the President to develop and update the implementation plan required under section 5; and (3) an analysis of the effectiveness and benefit of the national exercise conducted under section 6.

To require the President to develop a strategy to ensure the health, safety, and general welfare of the civilian population of the United States in case of catastrophic incidents disabling 1 or more critical infrastructure sectors or significantly disrupting the critical functions of modern society, and for other purposes. 4) National exercise.--The term ``national exercise'' means a national exercise described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)). ( ( d) Existing Plans.--The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. ( ( a) In General.--Not later than 1 year after the issuance of the implementation plan required under section 5, the Department of Homeland Security shall lead a national exercise, in coordination with the appropriate government agencies, to test and enhance the operationalization of the implementation plan. ( ( ( Not later than 1 year after the date on which Department of Homeland Security leads the national exercise under section 6, the President shall submit to Congress a report that includes-- (1) a description of the efforts of the President to develop and update the strategy required under section 4; (2) a description of the efforts of the President to develop and update the implementation plan required under section 5; and (3) an analysis of the effectiveness and benefit of the national exercise conducted under section 6.

Keeping Everyone Safe and Securing Lives by Emergency Readiness Act or the KESSLER Act - Directs the President to develop and submit to Congress a strategy to: (1) provide for the basic needs of the U.S. civilian population that is impacted by catastrophic incidents; (2) coordinate response efforts with State and local governments, the private sector, and nonprofit relief organizations; Directs the President to issue a plan to implement and operationalize the strategy, which shall include: (1) steps the President will take to prepare implicated entities for mobilization under the strategy; and (2) specific actions to ensure the continued readiness of the United States to implement the strategy and educate the public and non-Federal entities on the strategy's objectives and the role individual citizens should

H.R.3483

Finance and Financial Sector

Young Americans Financial Literacy Act This bill requires the Consumer Financial Protection Bureau to award competitive grants to eligible institutions for the establishment of financial literacy education programs for young people and families. An eligible institution is a partnership among two or more of the following Authorized grant funded activities shall include The grant program shall terminate after FY2025.

To establish a grant program in the Bureau of Consumer Financial Protection to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Young Americans Financial Literacy Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) That 88 percent of Americans believe finance education should be taught in schools and 92 percent of K-12 teachers believe that financial education should be taught in school, but only 12 percent of teachers actually teach the subject. (2) According to a 2020 survey, less than half of states require high school students to take a course on personal finance, and less than 17 percent of high schoolers were required to take a one semester personal finance course. (3) For the fourth year in a row, more than one third of surveyed consumers gave themselves a ``B'' when grading their own level of basic financial literacy. Less than one-fifth of Americans gave themselves an ``A''. Most adults feel that their financial literacy skills are inadequate, yet they do not rely on anyone else to handle their finances; they feel it is important to know more but have received no financial education. (4) The sudden disruptions caused by the spread of COVID-19 are presenting economic challenges with growing consequences. While some factors affecting financial well-being are beyond individual control, financial literacy can help people better manage their finances through times of hardship. (5) It is necessary to respond immediately to the pressing needs of individuals faced with the loss of their financial stability; however increased attention must also be paid to financial literacy education reform and long-term solutions to prevent future personal financial disasters. (6) There is an urgent need to respond to the COVID-19 economic recovery with research-based financial literacy education programs to reach individuals at all ages and socioeconomic levels, particularly those facing unique and challenging financial situations, such as high school graduates entering the workforce, soon-to-be and recent college graduates, young families, and the unique needs of military personnel and their families. (7) High school and college students who are exposed to cumulative financial education show an increase in financial knowledge, which in turn drives increasingly responsible behavior as they become young adults. (8) The majority (52 percent) of young adults between the ages of 23-28 consider ``making better choices about managing money'', the single most important issue for individual Americans to act on today. (9) According to the Government Accountability Office, giving Americans the information they need to make effective financial decisions can be key to their well-being and to the country's economic health. The current pandemic, in which 88 percent of Americans say is causing stress on their personal finances, underscores the need to improve individuals' financial literacy and empower all Americans to make informed financial decisions. This is especially true for young people as they are earning their first paychecks, securing student aid, and establishing their financial independence. Therefore, focusing economic education and financial literacy efforts and best practices for young people between the ages of 8-24 is of utmost importance. SEC. 3. AUTHORIZATION FOR FUNDING THE ESTABLISHMENT OF CENTERS OF EXCELLENCE IN FINANCIAL LITERACY EDUCATION. (a) In General.--The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended-- (1) by redesignating section 1037 as section 1038; and (2) by inserting after section 1036 the following: ``SEC. 1037. AUTHORIZATION FOR FUNDING THE ESTABLISHMENT OF CENTERS OF EXCELLENCE IN FINANCIAL LITERACY EDUCATION. ``(a) In General.--The Director of the Bureau, in consultation with the Financial Literacy and Education Commission established under the Financial Literacy and Education Improvement Act, shall make competitive grants to and enter into agreements with eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old. ``(b) Authorized Activities.--Activities authorized to be funded by grants made under subsection (a) shall include the following: ``(1) Developing and implementing comprehensive research based financial literacy education programs for young people-- ``(A) based on a set of core competencies and concepts established by the Director, including goal setting, planning, budgeting, managing money or transactions, tools and structures, behaviors, consequences, both long- and short-term savings, managing debt and earnings; and ``(B) which can be incorporated into educational settings through existing academic content areas, including materials that appropriately serve various segments of at-risk populations, particularly minority and disadvantaged individuals. ``(2) Designing instructional materials using evidence- based content for young families and conducting related outreach activities to address unique life situations and financial pitfalls, including bankruptcy, foreclosure, credit card misuse, and predatory lending. ``(3) Developing and supporting the delivery of professional development programs in financial literacy education to assure competence and accountability in the delivery system. ``(4) Improving access to, and dissemination of, financial literacy information for young people and families. ``(5) Reducing student loan default rates by developing programs to help individuals better understand how to manage educational debt through sustained educational programs for college students. ``(6) Conducting ongoing research and evaluation of financial literacy education programs to assure learning of defined skills and knowledge, and retention of learning. ``(7) Developing research-based assessment and accountability of the appropriate applications of learning over short and long terms to measure effectiveness of authorized activities. ``(c) Priority for Certain Applications.--The Director shall give a priority to applications that-- ``(1) provide clear definitions of `financial literacy' and `financially literate' to clarify educational outcomes; ``(2) establish parameters for identifying the types of programs that most effectively reach young people and families in unique life situations and financial pitfalls, including bankruptcy, foreclosure, credit card misuse, and predatory lending; ``(3) include content that is appropriate to age and socioeconomic levels; ``(4) develop programs based on educational standards, definitions, and research; ``(5) include individual goals of financial independence and stability; ``(6) establish professional development and delivery systems using evidence-based practices; ``(7) address the needs of one or more at-risk populations; ``(8) incorporate sensitivities to specific cultural, linguistic, or demographic characteristics; ``(9) enhance opportunities for asset building, such as increasing savings for lower income households and investments into the stock, bond, and real estate markets; ``(10) include an evaluation component to ensure the work's effectiveness in increasing financial literacy or consumer access to appropriate financial products or services, or that the provider has evidence of such effectiveness; ``(11) promise future replication or can be sustained beyond the program period; and ``(12) will make effectiveness data (if any) that is generated from the work available to others in the financial education community. ``(d) Application and Evaluation Standards and Procedures; Distribution Criteria.--The Director shall establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Director determines to be appropriate. ``(e) Content Delivery.--An eligible institution receiving a grant under this section shall-- ``(1) ensure that content is delivered in an accessible way to young people, through traditional educational methods and digital methods, including over appropriate social media platforms; and ``(2) to the extent content is delivered through a website, ensure that the website is user friendly, visually appealing, and doesn't bombard users with dense content that is difficult to comprehend. ``(f) Grant Amounts.-- ``(1) In general.--The aggregate amount of grants made under this section during any fiscal year-- ``(A) shall be at least $27,500,000; and ``(B) may not exceed $55,000,000. ``(2) Termination.--No grants may be made under this section after the end of fiscal year 2025. ``(g) Report to Congress.--The Director shall issue an annual report to Congress containing-- ``(1) a list of grant recipients under this section, including the amount of such grant; and ``(2) for each grant recipient, a description of the specific populations being served by such grant. ``(h) Definitions.--For purposes of this section the following definitions shall apply: ``(1) Eligible institution.--The term `eligible institution' means a partnership of two or more of the following: ``(A) An institution of higher education. ``(B) A State or local government agency which specializes in financial education programs. ``(C) A nonprofit agency, organization, or association. ``(D) A financial institution. ``(E) A small organization that is partnering with, but is not itself, a person described under subparagraph (A) through (D). ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).''. (b) Clerical Amendment.--The table of contents under section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by striking the item relating to section 1037 and inserting the following: ``Sec. 1037. Authorization for funding the establishment of centers of excellence in financial literacy education. ``Sec. 1038. Effective date.''. <all>

Young Americans Financial Literacy Act

To establish a grant program in the Bureau of Consumer Financial Protection to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old, and for other purposes.

Young Americans Financial Literacy Act

Rep. Carson, Andre

D

IN

This bill requires the Consumer Financial Protection Bureau to award competitive grants to eligible institutions for the establishment of financial literacy education programs for young people and families. An eligible institution is a partnership among two or more of the following Authorized grant funded activities shall include The grant program shall terminate after FY2025.

This Act may be cited as the ``Young Americans Financial Literacy Act''. 2. (2) According to a 2020 survey, less than half of states require high school students to take a course on personal finance, and less than 17 percent of high schoolers were required to take a one semester personal finance course. (3) For the fourth year in a row, more than one third of surveyed consumers gave themselves a ``B'' when grading their own level of basic financial literacy. (4) The sudden disruptions caused by the spread of COVID-19 are presenting economic challenges with growing consequences. (9) According to the Government Accountability Office, giving Americans the information they need to make effective financial decisions can be key to their well-being and to the country's economic health. Therefore, focusing economic education and financial literacy efforts and best practices for young people between the ages of 8-24 is of utmost importance. 3. (a) In General.--The Consumer Financial Protection Act of 2010 (12 U.S.C. is amended-- (1) by redesignating section 1037 as section 1038; and (2) by inserting after section 1036 the following: ``SEC. AUTHORIZATION FOR FUNDING THE ESTABLISHMENT OF CENTERS OF EXCELLENCE IN FINANCIAL LITERACY EDUCATION. ``(2) Designing instructional materials using evidence- based content for young families and conducting related outreach activities to address unique life situations and financial pitfalls, including bankruptcy, foreclosure, credit card misuse, and predatory lending. ``(4) Improving access to, and dissemination of, financial literacy information for young people and families. ``(5) Reducing student loan default rates by developing programs to help individuals better understand how to manage educational debt through sustained educational programs for college students. ``(7) Developing research-based assessment and accountability of the appropriate applications of learning over short and long terms to measure effectiveness of authorized activities. ``(d) Application and Evaluation Standards and Procedures; Distribution Criteria.--The Director shall establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Director determines to be appropriate. ``(e) Content Delivery.--An eligible institution receiving a grant under this section shall-- ``(1) ensure that content is delivered in an accessible way to young people, through traditional educational methods and digital methods, including over appropriate social media platforms; and ``(2) to the extent content is delivered through a website, ensure that the website is user friendly, visually appealing, and doesn't bombard users with dense content that is difficult to comprehend. ``(g) Report to Congress.--The Director shall issue an annual report to Congress containing-- ``(1) a list of grant recipients under this section, including the amount of such grant; and ``(2) for each grant recipient, a description of the specific populations being served by such grant. ``(C) A nonprofit agency, organization, or association. ``(D) A financial institution. Effective date.''.

This Act may be cited as the ``Young Americans Financial Literacy Act''. 2. (2) According to a 2020 survey, less than half of states require high school students to take a course on personal finance, and less than 17 percent of high schoolers were required to take a one semester personal finance course. Therefore, focusing economic education and financial literacy efforts and best practices for young people between the ages of 8-24 is of utmost importance. 3. (a) In General.--The Consumer Financial Protection Act of 2010 (12 U.S.C. is amended-- (1) by redesignating section 1037 as section 1038; and (2) by inserting after section 1036 the following: ``SEC. AUTHORIZATION FOR FUNDING THE ESTABLISHMENT OF CENTERS OF EXCELLENCE IN FINANCIAL LITERACY EDUCATION. ``(4) Improving access to, and dissemination of, financial literacy information for young people and families. ``(5) Reducing student loan default rates by developing programs to help individuals better understand how to manage educational debt through sustained educational programs for college students. ``(7) Developing research-based assessment and accountability of the appropriate applications of learning over short and long terms to measure effectiveness of authorized activities. ``(d) Application and Evaluation Standards and Procedures; Distribution Criteria.--The Director shall establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Director determines to be appropriate. ``(e) Content Delivery.--An eligible institution receiving a grant under this section shall-- ``(1) ensure that content is delivered in an accessible way to young people, through traditional educational methods and digital methods, including over appropriate social media platforms; and ``(2) to the extent content is delivered through a website, ensure that the website is user friendly, visually appealing, and doesn't bombard users with dense content that is difficult to comprehend. ``(g) Report to Congress.--The Director shall issue an annual report to Congress containing-- ``(1) a list of grant recipients under this section, including the amount of such grant; and ``(2) for each grant recipient, a description of the specific populations being served by such grant. ``(D) A financial institution. Effective date.''.

This Act may be cited as the ``Young Americans Financial Literacy Act''. 2. FINDINGS. (2) According to a 2020 survey, less than half of states require high school students to take a course on personal finance, and less than 17 percent of high schoolers were required to take a one semester personal finance course. (3) For the fourth year in a row, more than one third of surveyed consumers gave themselves a ``B'' when grading their own level of basic financial literacy. Most adults feel that their financial literacy skills are inadequate, yet they do not rely on anyone else to handle their finances; they feel it is important to know more but have received no financial education. (4) The sudden disruptions caused by the spread of COVID-19 are presenting economic challenges with growing consequences. (9) According to the Government Accountability Office, giving Americans the information they need to make effective financial decisions can be key to their well-being and to the country's economic health. This is especially true for young people as they are earning their first paychecks, securing student aid, and establishing their financial independence. Therefore, focusing economic education and financial literacy efforts and best practices for young people between the ages of 8-24 is of utmost importance. 3. (a) In General.--The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended-- (1) by redesignating section 1037 as section 1038; and (2) by inserting after section 1036 the following: ``SEC. AUTHORIZATION FOR FUNDING THE ESTABLISHMENT OF CENTERS OF EXCELLENCE IN FINANCIAL LITERACY EDUCATION. ``(b) Authorized Activities.--Activities authorized to be funded by grants made under subsection (a) shall include the following: ``(1) Developing and implementing comprehensive research based financial literacy education programs for young people-- ``(A) based on a set of core competencies and concepts established by the Director, including goal setting, planning, budgeting, managing money or transactions, tools and structures, behaviors, consequences, both long- and short-term savings, managing debt and earnings; and ``(B) which can be incorporated into educational settings through existing academic content areas, including materials that appropriately serve various segments of at-risk populations, particularly minority and disadvantaged individuals. ``(2) Designing instructional materials using evidence- based content for young families and conducting related outreach activities to address unique life situations and financial pitfalls, including bankruptcy, foreclosure, credit card misuse, and predatory lending. ``(3) Developing and supporting the delivery of professional development programs in financial literacy education to assure competence and accountability in the delivery system. ``(4) Improving access to, and dissemination of, financial literacy information for young people and families. ``(5) Reducing student loan default rates by developing programs to help individuals better understand how to manage educational debt through sustained educational programs for college students. ``(7) Developing research-based assessment and accountability of the appropriate applications of learning over short and long terms to measure effectiveness of authorized activities. ``(d) Application and Evaluation Standards and Procedures; Distribution Criteria.--The Director shall establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Director determines to be appropriate. ``(e) Content Delivery.--An eligible institution receiving a grant under this section shall-- ``(1) ensure that content is delivered in an accessible way to young people, through traditional educational methods and digital methods, including over appropriate social media platforms; and ``(2) to the extent content is delivered through a website, ensure that the website is user friendly, visually appealing, and doesn't bombard users with dense content that is difficult to comprehend. ``(f) Grant Amounts.-- ``(1) In general.--The aggregate amount of grants made under this section during any fiscal year-- ``(A) shall be at least $27,500,000; and ``(B) may not exceed $55,000,000. ``(g) Report to Congress.--The Director shall issue an annual report to Congress containing-- ``(1) a list of grant recipients under this section, including the amount of such grant; and ``(2) for each grant recipient, a description of the specific populations being served by such grant. ``(C) A nonprofit agency, organization, or association. ``(D) A financial institution. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).''. Effective date.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Young Americans Financial Literacy Act''. 2. FINDINGS. The Congress finds as follows: (1) That 88 percent of Americans believe finance education should be taught in schools and 92 percent of K-12 teachers believe that financial education should be taught in school, but only 12 percent of teachers actually teach the subject. (2) According to a 2020 survey, less than half of states require high school students to take a course on personal finance, and less than 17 percent of high schoolers were required to take a one semester personal finance course. (3) For the fourth year in a row, more than one third of surveyed consumers gave themselves a ``B'' when grading their own level of basic financial literacy. Most adults feel that their financial literacy skills are inadequate, yet they do not rely on anyone else to handle their finances; they feel it is important to know more but have received no financial education. (4) The sudden disruptions caused by the spread of COVID-19 are presenting economic challenges with growing consequences. While some factors affecting financial well-being are beyond individual control, financial literacy can help people better manage their finances through times of hardship. (5) It is necessary to respond immediately to the pressing needs of individuals faced with the loss of their financial stability; however increased attention must also be paid to financial literacy education reform and long-term solutions to prevent future personal financial disasters. (6) There is an urgent need to respond to the COVID-19 economic recovery with research-based financial literacy education programs to reach individuals at all ages and socioeconomic levels, particularly those facing unique and challenging financial situations, such as high school graduates entering the workforce, soon-to-be and recent college graduates, young families, and the unique needs of military personnel and their families. (7) High school and college students who are exposed to cumulative financial education show an increase in financial knowledge, which in turn drives increasingly responsible behavior as they become young adults. (9) According to the Government Accountability Office, giving Americans the information they need to make effective financial decisions can be key to their well-being and to the country's economic health. This is especially true for young people as they are earning their first paychecks, securing student aid, and establishing their financial independence. Therefore, focusing economic education and financial literacy efforts and best practices for young people between the ages of 8-24 is of utmost importance. 3. (a) In General.--The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended-- (1) by redesignating section 1037 as section 1038; and (2) by inserting after section 1036 the following: ``SEC. AUTHORIZATION FOR FUNDING THE ESTABLISHMENT OF CENTERS OF EXCELLENCE IN FINANCIAL LITERACY EDUCATION. ``(b) Authorized Activities.--Activities authorized to be funded by grants made under subsection (a) shall include the following: ``(1) Developing and implementing comprehensive research based financial literacy education programs for young people-- ``(A) based on a set of core competencies and concepts established by the Director, including goal setting, planning, budgeting, managing money or transactions, tools and structures, behaviors, consequences, both long- and short-term savings, managing debt and earnings; and ``(B) which can be incorporated into educational settings through existing academic content areas, including materials that appropriately serve various segments of at-risk populations, particularly minority and disadvantaged individuals. ``(2) Designing instructional materials using evidence- based content for young families and conducting related outreach activities to address unique life situations and financial pitfalls, including bankruptcy, foreclosure, credit card misuse, and predatory lending. ``(3) Developing and supporting the delivery of professional development programs in financial literacy education to assure competence and accountability in the delivery system. ``(4) Improving access to, and dissemination of, financial literacy information for young people and families. ``(5) Reducing student loan default rates by developing programs to help individuals better understand how to manage educational debt through sustained educational programs for college students. ``(7) Developing research-based assessment and accountability of the appropriate applications of learning over short and long terms to measure effectiveness of authorized activities. ``(d) Application and Evaluation Standards and Procedures; Distribution Criteria.--The Director shall establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Director determines to be appropriate. ``(e) Content Delivery.--An eligible institution receiving a grant under this section shall-- ``(1) ensure that content is delivered in an accessible way to young people, through traditional educational methods and digital methods, including over appropriate social media platforms; and ``(2) to the extent content is delivered through a website, ensure that the website is user friendly, visually appealing, and doesn't bombard users with dense content that is difficult to comprehend. ``(f) Grant Amounts.-- ``(1) In general.--The aggregate amount of grants made under this section during any fiscal year-- ``(A) shall be at least $27,500,000; and ``(B) may not exceed $55,000,000. ``(g) Report to Congress.--The Director shall issue an annual report to Congress containing-- ``(1) a list of grant recipients under this section, including the amount of such grant; and ``(2) for each grant recipient, a description of the specific populations being served by such grant. ``(C) A nonprofit agency, organization, or association. ``(D) A financial institution. ``(E) A small organization that is partnering with, but is not itself, a person described under subparagraph (A) through (D). ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).''. Effective date.''.

To establish a grant program in the Bureau of Consumer Financial Protection to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old, and for other purposes. The Congress finds as follows: (1) That 88 percent of Americans believe finance education should be taught in schools and 92 percent of K-12 teachers believe that financial education should be taught in school, but only 12 percent of teachers actually teach the subject. ( (4) The sudden disruptions caused by the spread of COVID-19 are presenting economic challenges with growing consequences. 6) There is an urgent need to respond to the COVID-19 economic recovery with research-based financial literacy education programs to reach individuals at all ages and socioeconomic levels, particularly those facing unique and challenging financial situations, such as high school graduates entering the workforce, soon-to-be and recent college graduates, young families, and the unique needs of military personnel and their families. ( The current pandemic, in which 88 percent of Americans say is causing stress on their personal finances, underscores the need to improve individuals' financial literacy and empower all Americans to make informed financial decisions. ``(a) In General.--The Director of the Bureau, in consultation with the Financial Literacy and Education Commission established under the Financial Literacy and Education Improvement Act, shall make competitive grants to and enter into agreements with eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old. ``(2) Designing instructional materials using evidence- based content for young families and conducting related outreach activities to address unique life situations and financial pitfalls, including bankruptcy, foreclosure, credit card misuse, and predatory lending. ``(7) Developing research-based assessment and accountability of the appropriate applications of learning over short and long terms to measure effectiveness of authorized activities. ``(d) Application and Evaluation Standards and Procedures; Distribution Criteria.--The Director shall establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Director determines to be appropriate. ``(e) Content Delivery.--An eligible institution receiving a grant under this section shall-- ``(1) ensure that content is delivered in an accessible way to young people, through traditional educational methods and digital methods, including over appropriate social media platforms; and ``(2) to the extent content is delivered through a website, ensure that the website is user friendly, visually appealing, and doesn't bombard users with dense content that is difficult to comprehend. ``(g) Report to Congress.--The Director shall issue an annual report to Congress containing-- ``(1) a list of grant recipients under this section, including the amount of such grant; and ``(2) for each grant recipient, a description of the specific populations being served by such grant. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).''. ( b) Clerical Amendment.--The table of contents under section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by striking the item relating to section 1037 and inserting the following: ``Sec.

To establish a grant program in the Bureau of Consumer Financial Protection to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old, and for other purposes. The Congress finds as follows: (1) That 88 percent of Americans believe finance education should be taught in schools and 92 percent of K-12 teachers believe that financial education should be taught in school, but only 12 percent of teachers actually teach the subject. ( Most adults feel that their financial literacy skills are inadequate, yet they do not rely on anyone else to handle their finances; they feel it is important to know more but have received no financial education. ( (6) There is an urgent need to respond to the COVID-19 economic recovery with research-based financial literacy education programs to reach individuals at all ages and socioeconomic levels, particularly those facing unique and challenging financial situations, such as high school graduates entering the workforce, soon-to-be and recent college graduates, young families, and the unique needs of military personnel and their families. ( 8) The majority (52 percent) of young adults between the ages of 23-28 consider ``making better choices about managing money'', the single most important issue for individual Americans to act on today. ( 9) According to the Government Accountability Office, giving Americans the information they need to make effective financial decisions can be key to their well-being and to the country's economic health. ``(a) In General.--The Director of the Bureau, in consultation with the Financial Literacy and Education Commission established under the Financial Literacy and Education Improvement Act, shall make competitive grants to and enter into agreements with eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old. ``(7) Developing research-based assessment and accountability of the appropriate applications of learning over short and long terms to measure effectiveness of authorized activities. ``(d) Application and Evaluation Standards and Procedures; Distribution Criteria.--The Director shall establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Director determines to be appropriate. ``(f) Grant Amounts.-- ``(1) In general.--The aggregate amount of grants made under this section during any fiscal year-- ``(A) shall be at least $27,500,000; and ``(B) may not exceed $55,000,000. ``(g) Report to Congress.--The Director shall issue an annual report to Congress containing-- ``(1) a list of grant recipients under this section, including the amount of such grant; and ``(2) for each grant recipient, a description of the specific populations being served by such grant. ``(h) Definitions.--For purposes of this section the following definitions shall apply: ``(1) Eligible institution.--The term `eligible institution' means a partnership of two or more of the following: ``(A) An institution of higher education.

To establish a grant program in the Bureau of Consumer Financial Protection to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old, and for other purposes. The Congress finds as follows: (1) That 88 percent of Americans believe finance education should be taught in schools and 92 percent of K-12 teachers believe that financial education should be taught in school, but only 12 percent of teachers actually teach the subject. ( Most adults feel that their financial literacy skills are inadequate, yet they do not rely on anyone else to handle their finances; they feel it is important to know more but have received no financial education. ( (6) There is an urgent need to respond to the COVID-19 economic recovery with research-based financial literacy education programs to reach individuals at all ages and socioeconomic levels, particularly those facing unique and challenging financial situations, such as high school graduates entering the workforce, soon-to-be and recent college graduates, young families, and the unique needs of military personnel and their families. ( 8) The majority (52 percent) of young adults between the ages of 23-28 consider ``making better choices about managing money'', the single most important issue for individual Americans to act on today. ( 9) According to the Government Accountability Office, giving Americans the information they need to make effective financial decisions can be key to their well-being and to the country's economic health. ``(a) In General.--The Director of the Bureau, in consultation with the Financial Literacy and Education Commission established under the Financial Literacy and Education Improvement Act, shall make competitive grants to and enter into agreements with eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old. ``(7) Developing research-based assessment and accountability of the appropriate applications of learning over short and long terms to measure effectiveness of authorized activities. ``(d) Application and Evaluation Standards and Procedures; Distribution Criteria.--The Director shall establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Director determines to be appropriate. ``(f) Grant Amounts.-- ``(1) In general.--The aggregate amount of grants made under this section during any fiscal year-- ``(A) shall be at least $27,500,000; and ``(B) may not exceed $55,000,000. ``(g) Report to Congress.--The Director shall issue an annual report to Congress containing-- ``(1) a list of grant recipients under this section, including the amount of such grant; and ``(2) for each grant recipient, a description of the specific populations being served by such grant. ``(h) Definitions.--For purposes of this section the following definitions shall apply: ``(1) Eligible institution.--The term `eligible institution' means a partnership of two or more of the following: ``(A) An institution of higher education.

To establish a grant program in the Bureau of Consumer Financial Protection to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old, and for other purposes. The Congress finds as follows: (1) That 88 percent of Americans believe finance education should be taught in schools and 92 percent of K-12 teachers believe that financial education should be taught in school, but only 12 percent of teachers actually teach the subject. ( (4) The sudden disruptions caused by the spread of COVID-19 are presenting economic challenges with growing consequences. 6) There is an urgent need to respond to the COVID-19 economic recovery with research-based financial literacy education programs to reach individuals at all ages and socioeconomic levels, particularly those facing unique and challenging financial situations, such as high school graduates entering the workforce, soon-to-be and recent college graduates, young families, and the unique needs of military personnel and their families. ( The current pandemic, in which 88 percent of Americans say is causing stress on their personal finances, underscores the need to improve individuals' financial literacy and empower all Americans to make informed financial decisions. ``(a) In General.--The Director of the Bureau, in consultation with the Financial Literacy and Education Commission established under the Financial Literacy and Education Improvement Act, shall make competitive grants to and enter into agreements with eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old. ``(2) Designing instructional materials using evidence- based content for young families and conducting related outreach activities to address unique life situations and financial pitfalls, including bankruptcy, foreclosure, credit card misuse, and predatory lending. ``(7) Developing research-based assessment and accountability of the appropriate applications of learning over short and long terms to measure effectiveness of authorized activities. ``(d) Application and Evaluation Standards and Procedures; Distribution Criteria.--The Director shall establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Director determines to be appropriate. ``(e) Content Delivery.--An eligible institution receiving a grant under this section shall-- ``(1) ensure that content is delivered in an accessible way to young people, through traditional educational methods and digital methods, including over appropriate social media platforms; and ``(2) to the extent content is delivered through a website, ensure that the website is user friendly, visually appealing, and doesn't bombard users with dense content that is difficult to comprehend. ``(g) Report to Congress.--The Director shall issue an annual report to Congress containing-- ``(1) a list of grant recipients under this section, including the amount of such grant; and ``(2) for each grant recipient, a description of the specific populations being served by such grant. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).''. ( b) Clerical Amendment.--The table of contents under section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by striking the item relating to section 1037 and inserting the following: ``Sec.

To establish a grant program in the Bureau of Consumer Financial Protection to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old, and for other purposes. The Congress finds as follows: (1) That 88 percent of Americans believe finance education should be taught in schools and 92 percent of K-12 teachers believe that financial education should be taught in school, but only 12 percent of teachers actually teach the subject. ( Most adults feel that their financial literacy skills are inadequate, yet they do not rely on anyone else to handle their finances; they feel it is important to know more but have received no financial education. ( (6) There is an urgent need to respond to the COVID-19 economic recovery with research-based financial literacy education programs to reach individuals at all ages and socioeconomic levels, particularly those facing unique and challenging financial situations, such as high school graduates entering the workforce, soon-to-be and recent college graduates, young families, and the unique needs of military personnel and their families. ( 8) The majority (52 percent) of young adults between the ages of 23-28 consider ``making better choices about managing money'', the single most important issue for individual Americans to act on today. ( 9) According to the Government Accountability Office, giving Americans the information they need to make effective financial decisions can be key to their well-being and to the country's economic health. ``(a) In General.--The Director of the Bureau, in consultation with the Financial Literacy and Education Commission established under the Financial Literacy and Education Improvement Act, shall make competitive grants to and enter into agreements with eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old. ``(7) Developing research-based assessment and accountability of the appropriate applications of learning over short and long terms to measure effectiveness of authorized activities. ``(d) Application and Evaluation Standards and Procedures; Distribution Criteria.--The Director shall establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Director determines to be appropriate. ``(f) Grant Amounts.-- ``(1) In general.--The aggregate amount of grants made under this section during any fiscal year-- ``(A) shall be at least $27,500,000; and ``(B) may not exceed $55,000,000. ``(g) Report to Congress.--The Director shall issue an annual report to Congress containing-- ``(1) a list of grant recipients under this section, including the amount of such grant; and ``(2) for each grant recipient, a description of the specific populations being served by such grant. ``(h) Definitions.--For purposes of this section the following definitions shall apply: ``(1) Eligible institution.--The term `eligible institution' means a partnership of two or more of the following: ``(A) An institution of higher education.

To establish a grant program in the Bureau of Consumer Financial Protection to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old, and for other purposes. The Congress finds as follows: (1) That 88 percent of Americans believe finance education should be taught in schools and 92 percent of K-12 teachers believe that financial education should be taught in school, but only 12 percent of teachers actually teach the subject. ( (4) The sudden disruptions caused by the spread of COVID-19 are presenting economic challenges with growing consequences. 6) There is an urgent need to respond to the COVID-19 economic recovery with research-based financial literacy education programs to reach individuals at all ages and socioeconomic levels, particularly those facing unique and challenging financial situations, such as high school graduates entering the workforce, soon-to-be and recent college graduates, young families, and the unique needs of military personnel and their families. ( The current pandemic, in which 88 percent of Americans say is causing stress on their personal finances, underscores the need to improve individuals' financial literacy and empower all Americans to make informed financial decisions. ``(a) In General.--The Director of the Bureau, in consultation with the Financial Literacy and Education Commission established under the Financial Literacy and Education Improvement Act, shall make competitive grants to and enter into agreements with eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old. ``(2) Designing instructional materials using evidence- based content for young families and conducting related outreach activities to address unique life situations and financial pitfalls, including bankruptcy, foreclosure, credit card misuse, and predatory lending. ``(7) Developing research-based assessment and accountability of the appropriate applications of learning over short and long terms to measure effectiveness of authorized activities. ``(d) Application and Evaluation Standards and Procedures; Distribution Criteria.--The Director shall establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Director determines to be appropriate. ``(e) Content Delivery.--An eligible institution receiving a grant under this section shall-- ``(1) ensure that content is delivered in an accessible way to young people, through traditional educational methods and digital methods, including over appropriate social media platforms; and ``(2) to the extent content is delivered through a website, ensure that the website is user friendly, visually appealing, and doesn't bombard users with dense content that is difficult to comprehend. ``(g) Report to Congress.--The Director shall issue an annual report to Congress containing-- ``(1) a list of grant recipients under this section, including the amount of such grant; and ``(2) for each grant recipient, a description of the specific populations being served by such grant. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).''. ( b) Clerical Amendment.--The table of contents under section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by striking the item relating to section 1037 and inserting the following: ``Sec.

To establish a grant program in the Bureau of Consumer Financial Protection to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old, and for other purposes. 6) There is an urgent need to respond to the COVID-19 economic recovery with research-based financial literacy education programs to reach individuals at all ages and socioeconomic levels, particularly those facing unique and challenging financial situations, such as high school graduates entering the workforce, soon-to-be and recent college graduates, young families, and the unique needs of military personnel and their families. ( ``(d) Application and Evaluation Standards and Procedures; Distribution Criteria.--The Director shall establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Director determines to be appropriate. ``(g) Report to Congress.--The Director shall issue an annual report to Congress containing-- ``(1) a list of grant recipients under this section, including the amount of such grant; and ``(2) for each grant recipient, a description of the specific populations being served by such grant.

To establish a grant program in the Bureau of Consumer Financial Protection to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old, and for other purposes. The current pandemic, in which 88 percent of Americans say is causing stress on their personal finances, underscores the need to improve individuals' financial literacy and empower all Americans to make informed financial decisions. ``(a) In General.--The Director of the Bureau, in consultation with the Financial Literacy and Education Commission established under the Financial Literacy and Education Improvement Act, shall make competitive grants to and enter into agreements with eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old. ``(e) Content Delivery.--An eligible institution receiving a grant under this section shall-- ``(1) ensure that content is delivered in an accessible way to young people, through traditional educational methods and digital methods, including over appropriate social media platforms; and ``(2) to the extent content is delivered through a website, ensure that the website is user friendly, visually appealing, and doesn't bombard users with dense content that is difficult to comprehend. ``(g) Report to Congress.--The Director shall issue an annual report to Congress containing-- ``(1) a list of grant recipients under this section, including the amount of such grant; and ``(2) for each grant recipient, a description of the specific populations being served by such grant. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).''. (

To establish a grant program in the Bureau of Consumer Financial Protection to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old, and for other purposes. 6) There is an urgent need to respond to the COVID-19 economic recovery with research-based financial literacy education programs to reach individuals at all ages and socioeconomic levels, particularly those facing unique and challenging financial situations, such as high school graduates entering the workforce, soon-to-be and recent college graduates, young families, and the unique needs of military personnel and their families. ( ``(d) Application and Evaluation Standards and Procedures; Distribution Criteria.--The Director shall establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Director determines to be appropriate. ``(g) Report to Congress.--The Director shall issue an annual report to Congress containing-- ``(1) a list of grant recipients under this section, including the amount of such grant; and ``(2) for each grant recipient, a description of the specific populations being served by such grant.

To establish a grant program in the Bureau of Consumer Financial Protection to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old, and for other purposes. The current pandemic, in which 88 percent of Americans say is causing stress on their personal finances, underscores the need to improve individuals' financial literacy and empower all Americans to make informed financial decisions. ``(a) In General.--The Director of the Bureau, in consultation with the Financial Literacy and Education Commission established under the Financial Literacy and Education Improvement Act, shall make competitive grants to and enter into agreements with eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old. ``(e) Content Delivery.--An eligible institution receiving a grant under this section shall-- ``(1) ensure that content is delivered in an accessible way to young people, through traditional educational methods and digital methods, including over appropriate social media platforms; and ``(2) to the extent content is delivered through a website, ensure that the website is user friendly, visually appealing, and doesn't bombard users with dense content that is difficult to comprehend. ``(g) Report to Congress.--The Director shall issue an annual report to Congress containing-- ``(1) a list of grant recipients under this section, including the amount of such grant; and ``(2) for each grant recipient, a description of the specific populations being served by such grant. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).''. (

Young Americans Financial Literacy Act This bill amends the Consumer Financial Protection Act of 2010 to direct the Consumer Product Safety Commission (CPSC) to establish a grant program to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old, and for other purposes. The CPSC must make competitive Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to direct the Director of the Consumer Financial Protection Bureau (CFPB) to give priority to applications that: (1) provide clear definitions of "financial literacy" and "financially literate" to clarify educational outcomes; (2) establish parameters for identifying the types of programs that most effectively reach young people and

H.R.2963

Taxation

VOW to Hire Heroes Extension Act of 2021 This bill (1) makes permanent the work opportunity tax credit with respect to qualified veterans, (2) revises tax credit eligibility requirements for documenting the status of veterans and their receipt of unemployment compensation, and (3) extends the payroll tax offset for such credit to certain for-profit employers. The Internal Revenue Service must make annual reports to Congress on the effectiveness and cost-effectiveness of this bill in increasing the employment of veterans. The bill directs the Department of the Treasury to pay to each U.S. possession (i.e., American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands) amounts equal to the losses to such possessions due to this bill.

To amend the Internal Revenue Code of 1986 to extend the work opportunity credit for hiring 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 ``VOW to Hire Heroes Extension Act of 2021''. SEC. 2. EXTENSION OF WORK OPPORTUNITY CREDIT FOR VETERANS. (a) In General.--Section 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The preceding sentence shall not apply in the case of amounts paid or incurred to a qualified veteran.''. (b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 3. SIMPLIFIED CERTIFICATION OF VETERAN STATUS. (a) In General.--Subparagraph (D) of section 51(d)(13) of the Internal Revenue Code of 1986 is amended to read as follows: ``(D) Pre-screening of qualified veterans.-- ``(i) In general.--Subparagraph (A) shall be applied without regard to subclause (II) of clause (ii) thereof in the case of an individual seeking treatment as a qualified veteran with respect to whom the pre-screening notice contains-- ``(I) qualified veteran status documentation, ``(II) qualified proof of unemployment compensation, and ``(III) an affidavit furnished by the individual stating, under penalty of perjury, that the information provided under subclauses (I) and (II) is true. ``(ii) Qualified veteran status documentation.--For purposes of clause (i), the term `qualified veteran status documentation' means any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces which includes information sufficient to establish that such individual is a veteran. ``(iii) Qualified proof of unemployment compensation.--For purposes of clause (i), the term `qualified proof of unemployment compensation' means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date.''. (b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 4. CREDIT MADE AVAILABLE AGAINST PAYROLL TAXES IN CERTAIN CIRCUMSTANCES. (a) In General.--Section 52(c) of the Internal Revenue Code of 1986 is amended-- (1) in the heading by striking ``Tax-exempt Organizations'' and inserting ``Certain employers'', (2) in paragraph (2)-- (A) by striking ``qualified tax-exempt organizations'' in the heading and inserting ``certain employers'', and (B) by striking ``by qualified tax-exempt organizations'' in the text and inserting ``by certain employers''. (b) Credit Allowed to Certain For-Profit Employers.-- (1) In general.--Paragraph (1) of section 3111(e) of such Code is amended by inserting ``or a qualified for-profit employer'' after ``If a qualified tax-exempt organization''. (2) Qualified for-profit employer defined.--Paragraph (5) of section 3111(e) of such Code is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) the term `qualified for-profit employer' means, with respect to a taxable year, an employer not described in subparagraph (A), but only if-- ``(i) such employer does not have profits for any of the 3 taxable years preceding such taxable year, and ``(ii) such employer elects under section 51(j) not to have section 51 apply to such taxable year, and''. (3) Conforming amendments.-- (A) Section 3111(e)(1) of such Code is amended by striking ``with respect to whom a credit would be allowable under section 38 by reason of section 51 if the organization were not a qualified tax-exempt organization''. (B) Paragraphs (1) and (2) of section 3111(e) of such Code are both amended by inserting ``or for-profit employer'' after ``employees of the organization'' each place it appears. (C) Section 3111(e)(3)(C) of such Code is amended by inserting ``in the case of a qualified tax-exempt organization,'' before ``by only taking into account''. (D) Section 3111(e)(4) of such Code is amended by inserting ``or for-profit employer'' after ``the organization''. (E) Section 3111(e)(5)(C) of such Code, as redesignated by paragraph (2), is amended to read as follows: ``(C) the term `qualified veteran' means a qualified veteran (within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax- exempt organization or a qualified for-profit employer.''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsections (a) and (b). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 5. REPORT. Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue, in consultation with the Secretary of Labor, shall report to the Congress on the effectiveness and cost-effectiveness of the amendments made by sections 2, 3, and 4 in increasing the employment of veterans. Such report shall include the results of a survey, conducted, if needed, in consultation with the Veterans' Employment and Training Service of the Department of Labor, to determine how many veterans are hired by each employer that claims the credit under section 51, by reason of subsection (d)(1)(B) thereof, or 3111(e) of the Internal Revenue Code of 1986. SEC. 6. TREATMENT OF POSSESSIONS. (a) Payments to Possessions.-- (1) Mirror code possessions.--The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the amendments made by this Act. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States. (2) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this Act if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit in effect after the amendments made by this Act. (b) Coordination With Credit Allowed Against United States Income Taxes.--The credit allowed against United States income taxes for any taxable year under the amendments made by this Act to section 51 of the Internal Revenue Code of 1986 to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in subsection (a)(2)) allowed to such person against income taxes imposed by the possession of the United States by reason of this section with respect to such qualified veteran for such taxable year. (c) Definitions and Special Rules.-- (1) Possession of the united states.--For purposes of this section, the term ``possession of the United States'' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. (2) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (3) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from credit provisions described in such section. <all>

VOW to Hire Heroes Extension Act of 2021

To amend the Internal Revenue Code of 1986 to extend the work opportunity credit for hiring veterans, and for other purposes.

VOW to Hire Heroes Extension Act of 2021

Rep. Brownley, Julia

D

CA

This bill (1) makes permanent the work opportunity tax credit with respect to qualified veterans, (2) revises tax credit eligibility requirements for documenting the status of veterans and their receipt of unemployment compensation, and (3) extends the payroll tax offset for such credit to certain for-profit employers. The Internal Revenue Service must make annual reports to Congress on the effectiveness and cost-effectiveness of this bill in increasing the employment of veterans. The bill directs the Department of the Treasury to pay to each U.S. possession (i.e., American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands) amounts equal to the losses to such possessions due to this bill.

SHORT TITLE. This Act may be cited as the ``VOW to Hire Heroes Extension Act of 2021''. 2. (a) In General.--Section 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The preceding sentence shall not apply in the case of amounts paid or incurred to a qualified veteran.''. 3. SIMPLIFIED CERTIFICATION OF VETERAN STATUS. ``(iii) Qualified proof of unemployment compensation.--For purposes of clause (i), the term `qualified proof of unemployment compensation' means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date.''. (b) Credit Allowed to Certain For-Profit Employers.-- (1) In general.--Paragraph (1) of section 3111(e) of such Code is amended by inserting ``or a qualified for-profit employer'' after ``If a qualified tax-exempt organization''. (2) Qualified for-profit employer defined.--Paragraph (5) of section 3111(e) of such Code is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) the term `qualified for-profit employer' means, with respect to a taxable year, an employer not described in subparagraph (A), but only if-- ``(i) such employer does not have profits for any of the 3 taxable years preceding such taxable year, and ``(ii) such employer elects under section 51(j) not to have section 51 apply to such taxable year, and''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsections (a) and (b). (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to individuals who begin work for the employer after the date of the enactment of this Act. 5. REPORT. SEC. 6. TREATMENT OF POSSESSIONS. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States. (2) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.

2. (a) In General.--Section 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The preceding sentence shall not apply in the case of amounts paid or incurred to a qualified veteran.''. 3. SIMPLIFIED CERTIFICATION OF VETERAN STATUS. (b) Credit Allowed to Certain For-Profit Employers.-- (1) In general.--Paragraph (1) of section 3111(e) of such Code is amended by inserting ``or a qualified for-profit employer'' after ``If a qualified tax-exempt organization''. (2) Qualified for-profit employer defined.--Paragraph (5) of section 3111(e) of such Code is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) the term `qualified for-profit employer' means, with respect to a taxable year, an employer not described in subparagraph (A), but only if-- ``(i) such employer does not have profits for any of the 3 taxable years preceding such taxable year, and ``(ii) such employer elects under section 51(j) not to have section 51 apply to such taxable year, and''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to individuals who begin work for the employer after the date of the enactment of this Act. 5. REPORT. SEC. 6. TREATMENT OF POSSESSIONS. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States. (2) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were 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 ``VOW to Hire Heroes Extension Act of 2021''. 2. (a) In General.--Section 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The preceding sentence shall not apply in the case of amounts paid or incurred to a qualified veteran.''. 3. SIMPLIFIED CERTIFICATION OF VETERAN STATUS. ``(ii) Qualified veteran status documentation.--For purposes of clause (i), the term `qualified veteran status documentation' means any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces which includes information sufficient to establish that such individual is a veteran. ``(iii) Qualified proof of unemployment compensation.--For purposes of clause (i), the term `qualified proof of unemployment compensation' means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date.''. (b) Credit Allowed to Certain For-Profit Employers.-- (1) In general.--Paragraph (1) of section 3111(e) of such Code is amended by inserting ``or a qualified for-profit employer'' after ``If a qualified tax-exempt organization''. (2) Qualified for-profit employer defined.--Paragraph (5) of section 3111(e) of such Code is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) the term `qualified for-profit employer' means, with respect to a taxable year, an employer not described in subparagraph (A), but only if-- ``(i) such employer does not have profits for any of the 3 taxable years preceding such taxable year, and ``(ii) such employer elects under section 51(j) not to have section 51 apply to such taxable year, and''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsections (a) and (b). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to individuals who begin work for the employer after the date of the enactment of this Act. 5. REPORT. Such report shall include the results of a survey, conducted, if needed, in consultation with the Veterans' Employment and Training Service of the Department of Labor, to determine how many veterans are hired by each employer that claims the credit under section 51, by reason of subsection (d)(1)(B) thereof, or 3111(e) of the Internal Revenue Code of 1986. SEC. 6. TREATMENT OF POSSESSIONS. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States. (c) Definitions and Special Rules.-- (1) Possession of the united states.--For purposes of this section, the term ``possession of the United States'' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. (2) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were 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 ``VOW to Hire Heroes Extension Act of 2021''. 2. EXTENSION OF WORK OPPORTUNITY CREDIT FOR VETERANS. (a) In General.--Section 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The preceding sentence shall not apply in the case of amounts paid or incurred to a qualified veteran.''. 3. SIMPLIFIED CERTIFICATION OF VETERAN STATUS. (a) In General.--Subparagraph (D) of section 51(d)(13) of the Internal Revenue Code of 1986 is amended to read as follows: ``(D) Pre-screening of qualified veterans.-- ``(i) In general.--Subparagraph (A) shall be applied without regard to subclause (II) of clause (ii) thereof in the case of an individual seeking treatment as a qualified veteran with respect to whom the pre-screening notice contains-- ``(I) qualified veteran status documentation, ``(II) qualified proof of unemployment compensation, and ``(III) an affidavit furnished by the individual stating, under penalty of perjury, that the information provided under subclauses (I) and (II) is true. ``(ii) Qualified veteran status documentation.--For purposes of clause (i), the term `qualified veteran status documentation' means any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces which includes information sufficient to establish that such individual is a veteran. ``(iii) Qualified proof of unemployment compensation.--For purposes of clause (i), the term `qualified proof of unemployment compensation' means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date.''. 4. CREDIT MADE AVAILABLE AGAINST PAYROLL TAXES IN CERTAIN CIRCUMSTANCES. (b) Credit Allowed to Certain For-Profit Employers.-- (1) In general.--Paragraph (1) of section 3111(e) of such Code is amended by inserting ``or a qualified for-profit employer'' after ``If a qualified tax-exempt organization''. (2) Qualified for-profit employer defined.--Paragraph (5) of section 3111(e) of such Code is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) the term `qualified for-profit employer' means, with respect to a taxable year, an employer not described in subparagraph (A), but only if-- ``(i) such employer does not have profits for any of the 3 taxable years preceding such taxable year, and ``(ii) such employer elects under section 51(j) not to have section 51 apply to such taxable year, and''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsections (a) and (b). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to individuals who begin work for the employer after the date of the enactment of this Act. 5. REPORT. Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue, in consultation with the Secretary of Labor, shall report to the Congress on the effectiveness and cost-effectiveness of the amendments made by sections 2, 3, and 4 in increasing the employment of veterans. Such report shall include the results of a survey, conducted, if needed, in consultation with the Veterans' Employment and Training Service of the Department of Labor, to determine how many veterans are hired by each employer that claims the credit under section 51, by reason of subsection (d)(1)(B) thereof, or 3111(e) of the Internal Revenue Code of 1986. SEC. 6. TREATMENT OF POSSESSIONS. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit in effect after the amendments made by this Act. (c) Definitions and Special Rules.-- (1) Possession of the united states.--For purposes of this section, the term ``possession of the United States'' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. (2) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (3) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from credit provisions described in such section.

To amend the Internal Revenue Code of 1986 to extend the work opportunity credit for hiring veterans, and for other purposes. a) In General.--Section 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The preceding sentence shall not apply in the case of amounts paid or incurred to a qualified veteran.''. ( ``(ii) Qualified veteran status documentation.--For purposes of clause (i), the term `qualified veteran status documentation' means any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces which includes information sufficient to establish that such individual is a veteran. ``(iii) Qualified proof of unemployment compensation.--For purposes of clause (i), the term `qualified proof of unemployment compensation' means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date.''. ( (b) Credit Allowed to Certain For-Profit Employers.-- (1) In general.--Paragraph (1) of section 3111(e) of such Code is amended by inserting ``or a qualified for-profit employer'' after ``If a qualified tax-exempt organization''. ( C) Section 3111(e)(3)(C) of such Code is amended by inserting ``in the case of a qualified tax-exempt organization,'' before ``by only taking into account''. (D) Section 3111(e)(4) of such Code is amended by inserting ``or for-profit employer'' after ``the organization''. ( E) Section 3111(e)(5)(C) of such Code, as redesignated by paragraph (2), is amended to read as follows: ``(C) the term `qualified veteran' means a qualified veteran (within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax- exempt organization or a qualified for-profit employer.''. ( Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue, in consultation with the Secretary of Labor, shall report to the Congress on the effectiveness and cost-effectiveness of the amendments made by sections 2, 3, and 4 in increasing the employment of veterans. Such report shall include the results of a survey, conducted, if needed, in consultation with the Veterans' Employment and Training Service of the Department of Labor, to determine how many veterans are hired by each employer that claims the credit under section 51, by reason of subsection (d)(1)(B) thereof, or 3111(e) of the Internal Revenue Code of 1986. (2) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this Act if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit in effect after the amendments made by this Act. ( (c) Definitions and Special Rules.-- (1) Possession of the united states.--For purposes of this section, the term ``possession of the United States'' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. ( 2) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (

To amend the Internal Revenue Code of 1986 to extend the work opportunity credit for hiring veterans, and for other purposes. a) In General.--Section 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The preceding sentence shall not apply in the case of amounts paid or incurred to a qualified veteran.''. ( ``(iii) Qualified proof of unemployment compensation.--For purposes of clause (i), the term `qualified proof of unemployment compensation' means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date.''. ( b) Credit Allowed to Certain For-Profit Employers.-- (1) In general.--Paragraph (1) of section 3111(e) of such Code is amended by inserting ``or a qualified for-profit employer'' after ``If a qualified tax-exempt organization''. ( (3) Conforming amendments.-- (A) Section 3111(e)(1) of such Code is amended by striking ``with respect to whom a credit would be allowable under section 38 by reason of section 51 if the organization were not a qualified tax-exempt organization''. ( E) Section 3111(e)(5)(C) of such Code, as redesignated by paragraph (2), is amended to read as follows: ``(C) the term `qualified veteran' means a qualified veteran (within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax- exempt organization or a qualified for-profit employer.''. ( Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue, in consultation with the Secretary of Labor, shall report to the Congress on the effectiveness and cost-effectiveness of the amendments made by sections 2, 3, and 4 in increasing the employment of veterans. 2) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this Act if a mirror code tax system had been in effect in such possession. (b) Coordination With Credit Allowed Against United States Income Taxes.--The credit allowed against United States income taxes for any taxable year under the amendments made by this Act to section 51 of the Internal Revenue Code of 1986 to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in subsection (a)(2)) allowed to such person against income taxes imposed by the possession of the United States by reason of this section with respect to such qualified veteran for such taxable year. ( 3) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from credit provisions described in such section.

To amend the Internal Revenue Code of 1986 to extend the work opportunity credit for hiring veterans, and for other purposes. a) In General.--Section 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The preceding sentence shall not apply in the case of amounts paid or incurred to a qualified veteran.''. ( ``(iii) Qualified proof of unemployment compensation.--For purposes of clause (i), the term `qualified proof of unemployment compensation' means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date.''. ( b) Credit Allowed to Certain For-Profit Employers.-- (1) In general.--Paragraph (1) of section 3111(e) of such Code is amended by inserting ``or a qualified for-profit employer'' after ``If a qualified tax-exempt organization''. ( (3) Conforming amendments.-- (A) Section 3111(e)(1) of such Code is amended by striking ``with respect to whom a credit would be allowable under section 38 by reason of section 51 if the organization were not a qualified tax-exempt organization''. ( E) Section 3111(e)(5)(C) of such Code, as redesignated by paragraph (2), is amended to read as follows: ``(C) the term `qualified veteran' means a qualified veteran (within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax- exempt organization or a qualified for-profit employer.''. ( Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue, in consultation with the Secretary of Labor, shall report to the Congress on the effectiveness and cost-effectiveness of the amendments made by sections 2, 3, and 4 in increasing the employment of veterans. 2) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this Act if a mirror code tax system had been in effect in such possession. (b) Coordination With Credit Allowed Against United States Income Taxes.--The credit allowed against United States income taxes for any taxable year under the amendments made by this Act to section 51 of the Internal Revenue Code of 1986 to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in subsection (a)(2)) allowed to such person against income taxes imposed by the possession of the United States by reason of this section with respect to such qualified veteran for such taxable year. ( 3) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from credit provisions described in such section.

To amend the Internal Revenue Code of 1986 to extend the work opportunity credit for hiring veterans, and for other purposes. a) In General.--Section 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The preceding sentence shall not apply in the case of amounts paid or incurred to a qualified veteran.''. ( ``(ii) Qualified veteran status documentation.--For purposes of clause (i), the term `qualified veteran status documentation' means any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces which includes information sufficient to establish that such individual is a veteran. ``(iii) Qualified proof of unemployment compensation.--For purposes of clause (i), the term `qualified proof of unemployment compensation' means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date.''. ( (b) Credit Allowed to Certain For-Profit Employers.-- (1) In general.--Paragraph (1) of section 3111(e) of such Code is amended by inserting ``or a qualified for-profit employer'' after ``If a qualified tax-exempt organization''. ( C) Section 3111(e)(3)(C) of such Code is amended by inserting ``in the case of a qualified tax-exempt organization,'' before ``by only taking into account''. (D) Section 3111(e)(4) of such Code is amended by inserting ``or for-profit employer'' after ``the organization''. ( E) Section 3111(e)(5)(C) of such Code, as redesignated by paragraph (2), is amended to read as follows: ``(C) the term `qualified veteran' means a qualified veteran (within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax- exempt organization or a qualified for-profit employer.''. ( Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue, in consultation with the Secretary of Labor, shall report to the Congress on the effectiveness and cost-effectiveness of the amendments made by sections 2, 3, and 4 in increasing the employment of veterans. Such report shall include the results of a survey, conducted, if needed, in consultation with the Veterans' Employment and Training Service of the Department of Labor, to determine how many veterans are hired by each employer that claims the credit under section 51, by reason of subsection (d)(1)(B) thereof, or 3111(e) of the Internal Revenue Code of 1986. (2) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this Act if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit in effect after the amendments made by this Act. ( (c) Definitions and Special Rules.-- (1) Possession of the united states.--For purposes of this section, the term ``possession of the United States'' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. ( 2) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (

To amend the Internal Revenue Code of 1986 to extend the work opportunity credit for hiring veterans, and for other purposes. a) In General.--Section 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The preceding sentence shall not apply in the case of amounts paid or incurred to a qualified veteran.''. ( ``(iii) Qualified proof of unemployment compensation.--For purposes of clause (i), the term `qualified proof of unemployment compensation' means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date.''. ( b) Credit Allowed to Certain For-Profit Employers.-- (1) In general.--Paragraph (1) of section 3111(e) of such Code is amended by inserting ``or a qualified for-profit employer'' after ``If a qualified tax-exempt organization''. ( (3) Conforming amendments.-- (A) Section 3111(e)(1) of such Code is amended by striking ``with respect to whom a credit would be allowable under section 38 by reason of section 51 if the organization were not a qualified tax-exempt organization''. ( E) Section 3111(e)(5)(C) of such Code, as redesignated by paragraph (2), is amended to read as follows: ``(C) the term `qualified veteran' means a qualified veteran (within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax- exempt organization or a qualified for-profit employer.''. ( Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue, in consultation with the Secretary of Labor, shall report to the Congress on the effectiveness and cost-effectiveness of the amendments made by sections 2, 3, and 4 in increasing the employment of veterans. 2) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this Act if a mirror code tax system had been in effect in such possession. (b) Coordination With Credit Allowed Against United States Income Taxes.--The credit allowed against United States income taxes for any taxable year under the amendments made by this Act to section 51 of the Internal Revenue Code of 1986 to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in subsection (a)(2)) allowed to such person against income taxes imposed by the possession of the United States by reason of this section with respect to such qualified veteran for such taxable year. ( 3) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from credit provisions described in such section.

To amend the Internal Revenue Code of 1986 to extend the work opportunity credit for hiring veterans, and for other purposes. a) In General.--Section 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``The preceding sentence shall not apply in the case of amounts paid or incurred to a qualified veteran.''. ( ``(ii) Qualified veteran status documentation.--For purposes of clause (i), the term `qualified veteran status documentation' means any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces which includes information sufficient to establish that such individual is a veteran. ``(iii) Qualified proof of unemployment compensation.--For purposes of clause (i), the term `qualified proof of unemployment compensation' means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date.''. ( (b) Credit Allowed to Certain For-Profit Employers.-- (1) In general.--Paragraph (1) of section 3111(e) of such Code is amended by inserting ``or a qualified for-profit employer'' after ``If a qualified tax-exempt organization''. ( C) Section 3111(e)(3)(C) of such Code is amended by inserting ``in the case of a qualified tax-exempt organization,'' before ``by only taking into account''. (D) Section 3111(e)(4) of such Code is amended by inserting ``or for-profit employer'' after ``the organization''. ( E) Section 3111(e)(5)(C) of such Code, as redesignated by paragraph (2), is amended to read as follows: ``(C) the term `qualified veteran' means a qualified veteran (within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax- exempt organization or a qualified for-profit employer.''. ( Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue, in consultation with the Secretary of Labor, shall report to the Congress on the effectiveness and cost-effectiveness of the amendments made by sections 2, 3, and 4 in increasing the employment of veterans. Such report shall include the results of a survey, conducted, if needed, in consultation with the Veterans' Employment and Training Service of the Department of Labor, to determine how many veterans are hired by each employer that claims the credit under section 51, by reason of subsection (d)(1)(B) thereof, or 3111(e) of the Internal Revenue Code of 1986. (2) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this Act if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit in effect after the amendments made by this Act. ( (c) Definitions and Special Rules.-- (1) Possession of the united states.--For purposes of this section, the term ``possession of the United States'' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. ( 2) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (

To amend the Internal Revenue Code of 1986 to extend the work opportunity credit for hiring veterans, and for other purposes. E) Section 3111(e)(5)(C) of such Code, as redesignated by paragraph (2), is amended to read as follows: ``(C) the term `qualified veteran' means a qualified veteran (within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax- exempt organization or a qualified for-profit employer.''. ( 2) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this Act if a mirror code tax system had been in effect in such possession. ( b) Coordination With Credit Allowed Against United States Income Taxes.--The credit allowed against United States income taxes for any taxable year under the amendments made by this Act to section 51 of the Internal Revenue Code of 1986 to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in subsection (a)(2)) allowed to such person against income taxes imposed by the possession of the United States by reason of this section with respect to such qualified veteran for such taxable year. (

To amend the Internal Revenue Code of 1986 to extend the work opportunity credit for hiring veterans, and for other purposes. ``(iii) Qualified proof of unemployment compensation.--For purposes of clause (i), the term `qualified proof of unemployment compensation' means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date.''. ( ( ( C) Section 3111(e)(3)(C) of such Code is amended by inserting ``in the case of a qualified tax-exempt organization,'' before ``by only taking into account''. ( E) Section 3111(e)(5)(C) of such Code, as redesignated by paragraph (2), is amended to read as follows: ``(C) the term `qualified veteran' means a qualified veteran (within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax- exempt organization or a qualified for-profit employer.''. ( (2) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this Act if a mirror code tax system had been in effect in such possession. 2) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (

To amend the Internal Revenue Code of 1986 to extend the work opportunity credit for hiring veterans, and for other purposes. E) Section 3111(e)(5)(C) of such Code, as redesignated by paragraph (2), is amended to read as follows: ``(C) the term `qualified veteran' means a qualified veteran (within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax- exempt organization or a qualified for-profit employer.''. ( 2) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this Act if a mirror code tax system had been in effect in such possession. ( b) Coordination With Credit Allowed Against United States Income Taxes.--The credit allowed against United States income taxes for any taxable year under the amendments made by this Act to section 51 of the Internal Revenue Code of 1986 to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in subsection (a)(2)) allowed to such person against income taxes imposed by the possession of the United States by reason of this section with respect to such qualified veteran for such taxable year. (

To amend the Internal Revenue Code of 1986 to extend the work opportunity credit for hiring veterans, and for other purposes. ``(iii) Qualified proof of unemployment compensation.--For purposes of clause (i), the term `qualified proof of unemployment compensation' means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date.''. ( ( ( C) Section 3111(e)(3)(C) of such Code is amended by inserting ``in the case of a qualified tax-exempt organization,'' before ``by only taking into account''. ( E) Section 3111(e)(5)(C) of such Code, as redesignated by paragraph (2), is amended to read as follows: ``(C) the term `qualified veteran' means a qualified veteran (within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax- exempt organization or a qualified for-profit employer.''. ( (2) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this Act if a mirror code tax system had been in effect in such possession. 2) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (

VOW to Hire Heroes Extension Act of 2021 - Amends the Internal Revenue Code to extend the work opportunity tax credit for hiring veterans and for other purposes. (Sec. 2) Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) allow employers who hire veterans a work opportunity credit for Directs the Secretary of the Treasury to pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the amendments made by this Act. (Sec. 6) Directs the Commissioner of Internal Revenue to report annually to the Congress on the effectiveness and cost-effectiveness of such amendments in increasing the employment of veterans. (

H.R.3166

Education

Nurses for Under-Resourced Schools Everywhere Act or the NURSE Act This bill establishes a demonstration grant program through which the Department of Education must award matching funds to increase the number of school nurses in public elementary and secondary schools served by a local educational agency in which at least 20% of students are eligible to participate in the school lunch program.

To make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurses for Under-Resourced Schools Everywhere Act'' or the ``NURSE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The National Association of School Nurses identifies schools as primary locations to address student health issues, since a school nurse is the health care provider that many students see on the most regular basis. (2) The American Academy of Pediatrics has recognized the crucial role that school nurses play in children's health and has called for having a full-time school nurse every day and in every school building. (3) The school nurse functions as the leader and coordinator of the school health services team, including by carrying out chronic disease management and health promotion as well as facilitating access to a medical home for each child and supporting academic achievement. (4) School nurses promote wellness and disease prevention to improve health outcomes for our Nation's children. In addition, school nurses perform early intervention services such as periodic assessments for vision, hearing, and dental problems, in an effort to remove barriers to learning. (5) The American Federation of Teachers has called for a nurse in every school, as nurses are front-line workers that address an array of health needs and their presence in a school can help to improve student learning. (6) According to 2017 data from the National Association of School Nurses, only 39.3 percent of schools employ a full-time school nurse, while 35.5 percent of schools employ a school nurse only part-time, and 25.2 percent do not have a school nurse at all. (7) The National Association of School Nurses has reported that medication administration to students is one of the most common health-related activities performed in school. As more chronically ill and medically unstable children enter the school system each year, the medical factors that promote and support their academic success increase, including the need for medications that enhance overall health or stabilize chronic conditions. (8) National data indicate that between 15 and 20 percent of children who spend their day in school have a chronic health condition. (9) According to the American Academy of Pediatrics, students today face increased social and emotional issues, which enhance the need for preventive services and interventions for acute and chronic health issues. School nurses are actively engaged members of school-based mental health teams and spend nearly 32 percent of their time providing mental health services, including universal and targeted interventions, screenings to identify early warning signs and provide referrals to medical providers, and crisis planning. (10) According to the Department of Education, during the 2013-2014 school year, 1,360,747 children enrolled in public schools experienced homelessness. Homeless children develop increased rates of acute and chronic health conditions, and the stress of their living situation can negatively affect their development and ability to learn. As a result, schools have become the primary access to health care for many children and adolescents. School nurses serve on the front lines as a safety net for the Nation's most vulnerable children. (11) Communicable and infectious diseases account for millions of school days lost each year. Data illustrate that when students have access to a registered nurse in school, immunization rates increase. (12) Throughout the COVID-19 pandemic, school nurses have played an important role helping students and coordinating activities such as contact tracing and symptom screening. SEC. 3. INCREASING THE NUMBER OF SCHOOL NURSES. (a) Definitions.--In this section: (1) ESEA terms.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given to the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Acuity.--The term ``acuity'', when used with respect to a level, means the level of a patient's sickness, such as a chronic condition, which influences the need for nursing care. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency in which not less than 20 percent of the children are eligible to participate in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (B) a consortium of local educational agencies described in subparagraph (A); or (C) a State educational agency in consortium with local educational agencies described in subparagraph (A). (4) High-need local educational agency.--The term ``high- need local educational agency'' means a local educational agency described in paragraph (3)(A)-- (A) that serves not fewer than 15,000 children who are eligible to participate in the program described in such paragraph; or (B) for which not less than 40 percent of the children served by the agency are eligible to participate in the program described in such paragraph. (5) Nurse.--The term ``nurse'' means a registered nurse, as defined under State law. (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (7) Workload.--The term ``workload'', when used with respect to a nurse, means the amount of time the nurse takes to provide care and complete the other tasks for which the nurse is responsible. (b) Demonstration Grant Program Authorized.-- (1) In general.--From amounts appropriated to carry out this section, the Secretary of Education shall award demonstration grants, on a competitive basis, to eligible entities to pay the Federal share of the costs of increasing the number of school nurses in the public elementary schools and secondary schools served by the eligible entity, which may include hiring a school nurse to serve schools in multiple school districts. (2) SEAs.--In the case of an eligible entity described in subsection (a)(3)(C) that receives a grant under paragraph (1), such entity shall use amounts received under the grant to award subgrants to the local educational agencies that are members of the entity, and reserve not more than 10 percent of such grant funds to support statewide activities to meet a variety of health needs, which may include hiring a nurse to provide training and technical assistance to schools statewide that meet the criteria established in subsection (d)(2)(A). (c) Applications.-- (1) In general.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. (d) Priority.--In awarding grants under this section, the Secretary shall give priority to each application submitted by an eligible entity that-- (1) is a high-need local educational agency, a consortium composed of high-need local education agencies, or a State educational agency in consortium with high-need local education agencies; and (2) demonstrates-- (A) the greatest need for new or additional nursing services among students in the public elementary schools and secondary schools served by the agency or consortium; or (B) that the eligible entity does not have a school nurse in any of the public elementary schools and secondary schools served by the local educational agency or the consortium-member local educational agencies. (e) Federal Share; Non-Federal Share.-- (1) Federal share.--The Federal share of a grant under this section-- (A) shall not exceed 75 percent for each year of the grant; and (B) in the case of a multiyear grant, shall decrease for each succeeding year of the grant, in order to ensure the continuity of the increased hiring level of school nurses using State or local sources of funding following the conclusion of the grant. (2) Non-federal share.--The non-Federal share of a grant under this section may be in cash or in-kind, and may be provided from State resources, local resources, contributions from private organizations, or a combination thereof. (3) Waiver.--The Secretary may waive or reduce the non- Federal share of an eligible entity receiving a grant under this section if the eligible entity demonstrates an economic hardship. (f) Report.--Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of-- (1) the effectiveness of the program in increasing the number of school nurses; and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2026. <all>

NURSE Act

To make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools.

NURSE Act Nurses for Under-Resourced Schools Everywhere Act

Rep. Titus, Dina

D

NV

This bill establishes a demonstration grant program through which the Department of Education must award matching funds to increase the number of school nurses in public elementary and secondary schools served by a local educational agency in which at least 20% of students are eligible to participate in the school lunch program.

SHORT TITLE. This Act may be cited as the ``Nurses for Under-Resourced Schools Everywhere Act'' or the ``NURSE Act''. 2. FINDINGS. (5) The American Federation of Teachers has called for a nurse in every school, as nurses are front-line workers that address an array of health needs and their presence in a school can help to improve student learning. (7) The National Association of School Nurses has reported that medication administration to students is one of the most common health-related activities performed in school. (8) National data indicate that between 15 and 20 percent of children who spend their day in school have a chronic health condition. (9) According to the American Academy of Pediatrics, students today face increased social and emotional issues, which enhance the need for preventive services and interventions for acute and chronic health issues. School nurses are actively engaged members of school-based mental health teams and spend nearly 32 percent of their time providing mental health services, including universal and targeted interventions, screenings to identify early warning signs and provide referrals to medical providers, and crisis planning. As a result, schools have become the primary access to health care for many children and adolescents. (11) Communicable and infectious diseases account for millions of school days lost each year. Data illustrate that when students have access to a registered nurse in school, immunization rates increase. (12) Throughout the COVID-19 pandemic, school nurses have played an important role helping students and coordinating activities such as contact tracing and symptom screening. SEC. INCREASING THE NUMBER OF SCHOOL NURSES. 7801). 1751 et seq. ); (B) a consortium of local educational agencies described in subparagraph (A); or (C) a State educational agency in consortium with local educational agencies described in subparagraph (A). (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (2) Contents.--Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. (3) Waiver.--The Secretary may waive or reduce the non- Federal share of an eligible entity receiving a grant under this section if the eligible entity demonstrates an economic hardship. (f) Report.--Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of-- (1) the effectiveness of the program in increasing the number of school nurses; and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2026.

SHORT TITLE. This Act may be cited as the ``Nurses for Under-Resourced Schools Everywhere Act'' or the ``NURSE Act''. 2. FINDINGS. (5) The American Federation of Teachers has called for a nurse in every school, as nurses are front-line workers that address an array of health needs and their presence in a school can help to improve student learning. (7) The National Association of School Nurses has reported that medication administration to students is one of the most common health-related activities performed in school. (8) National data indicate that between 15 and 20 percent of children who spend their day in school have a chronic health condition. (9) According to the American Academy of Pediatrics, students today face increased social and emotional issues, which enhance the need for preventive services and interventions for acute and chronic health issues. School nurses are actively engaged members of school-based mental health teams and spend nearly 32 percent of their time providing mental health services, including universal and targeted interventions, screenings to identify early warning signs and provide referrals to medical providers, and crisis planning. As a result, schools have become the primary access to health care for many children and adolescents. (11) Communicable and infectious diseases account for millions of school days lost each year. SEC. INCREASING THE NUMBER OF SCHOOL NURSES. 7801). 1751 et seq. ); (B) a consortium of local educational agencies described in subparagraph (A); or (C) a State educational agency in consortium with local educational agencies described in subparagraph (A). (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (2) Contents.--Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. (3) Waiver.--The Secretary may waive or reduce the non- Federal share of an eligible entity receiving a grant under this section if the eligible entity demonstrates an economic hardship. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 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 ``Nurses for Under-Resourced Schools Everywhere Act'' or the ``NURSE Act''. 2. FINDINGS. (4) School nurses promote wellness and disease prevention to improve health outcomes for our Nation's children. In addition, school nurses perform early intervention services such as periodic assessments for vision, hearing, and dental problems, in an effort to remove barriers to learning. (5) The American Federation of Teachers has called for a nurse in every school, as nurses are front-line workers that address an array of health needs and their presence in a school can help to improve student learning. (7) The National Association of School Nurses has reported that medication administration to students is one of the most common health-related activities performed in school. (8) National data indicate that between 15 and 20 percent of children who spend their day in school have a chronic health condition. (9) According to the American Academy of Pediatrics, students today face increased social and emotional issues, which enhance the need for preventive services and interventions for acute and chronic health issues. School nurses are actively engaged members of school-based mental health teams and spend nearly 32 percent of their time providing mental health services, including universal and targeted interventions, screenings to identify early warning signs and provide referrals to medical providers, and crisis planning. Homeless children develop increased rates of acute and chronic health conditions, and the stress of their living situation can negatively affect their development and ability to learn. As a result, schools have become the primary access to health care for many children and adolescents. (11) Communicable and infectious diseases account for millions of school days lost each year. Data illustrate that when students have access to a registered nurse in school, immunization rates increase. (12) Throughout the COVID-19 pandemic, school nurses have played an important role helping students and coordinating activities such as contact tracing and symptom screening. SEC. INCREASING THE NUMBER OF SCHOOL NURSES. 7801). 1751 et seq. ); (B) a consortium of local educational agencies described in subparagraph (A); or (C) a State educational agency in consortium with local educational agencies described in subparagraph (A). (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (2) SEAs.--In the case of an eligible entity described in subsection (a)(3)(C) that receives a grant under paragraph (1), such entity shall use amounts received under the grant to award subgrants to the local educational agencies that are members of the entity, and reserve not more than 10 percent of such grant funds to support statewide activities to meet a variety of health needs, which may include hiring a nurse to provide training and technical assistance to schools statewide that meet the criteria established in subsection (d)(2)(A). (2) Contents.--Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. (3) Waiver.--The Secretary may waive or reduce the non- Federal share of an eligible entity receiving a grant under this section if the eligible entity demonstrates an economic hardship. (f) Report.--Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of-- (1) the effectiveness of the program in increasing the number of school nurses; and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 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 ``Nurses for Under-Resourced Schools Everywhere Act'' or the ``NURSE Act''. 2. FINDINGS. Congress finds the following: (1) The National Association of School Nurses identifies schools as primary locations to address student health issues, since a school nurse is the health care provider that many students see on the most regular basis. (3) The school nurse functions as the leader and coordinator of the school health services team, including by carrying out chronic disease management and health promotion as well as facilitating access to a medical home for each child and supporting academic achievement. (4) School nurses promote wellness and disease prevention to improve health outcomes for our Nation's children. In addition, school nurses perform early intervention services such as periodic assessments for vision, hearing, and dental problems, in an effort to remove barriers to learning. (5) The American Federation of Teachers has called for a nurse in every school, as nurses are front-line workers that address an array of health needs and their presence in a school can help to improve student learning. (7) The National Association of School Nurses has reported that medication administration to students is one of the most common health-related activities performed in school. As more chronically ill and medically unstable children enter the school system each year, the medical factors that promote and support their academic success increase, including the need for medications that enhance overall health or stabilize chronic conditions. (8) National data indicate that between 15 and 20 percent of children who spend their day in school have a chronic health condition. (9) According to the American Academy of Pediatrics, students today face increased social and emotional issues, which enhance the need for preventive services and interventions for acute and chronic health issues. School nurses are actively engaged members of school-based mental health teams and spend nearly 32 percent of their time providing mental health services, including universal and targeted interventions, screenings to identify early warning signs and provide referrals to medical providers, and crisis planning. (10) According to the Department of Education, during the 2013-2014 school year, 1,360,747 children enrolled in public schools experienced homelessness. Homeless children develop increased rates of acute and chronic health conditions, and the stress of their living situation can negatively affect their development and ability to learn. As a result, schools have become the primary access to health care for many children and adolescents. School nurses serve on the front lines as a safety net for the Nation's most vulnerable children. (11) Communicable and infectious diseases account for millions of school days lost each year. Data illustrate that when students have access to a registered nurse in school, immunization rates increase. (12) Throughout the COVID-19 pandemic, school nurses have played an important role helping students and coordinating activities such as contact tracing and symptom screening. SEC. INCREASING THE NUMBER OF SCHOOL NURSES. 7801). (2) Acuity.--The term ``acuity'', when used with respect to a level, means the level of a patient's sickness, such as a chronic condition, which influences the need for nursing care. 1751 et seq. ); (B) a consortium of local educational agencies described in subparagraph (A); or (C) a State educational agency in consortium with local educational agencies described in subparagraph (A). (4) High-need local educational agency.--The term ``high- need local educational agency'' means a local educational agency described in paragraph (3)(A)-- (A) that serves not fewer than 15,000 children who are eligible to participate in the program described in such paragraph; or (B) for which not less than 40 percent of the children served by the agency are eligible to participate in the program described in such paragraph. (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (2) SEAs.--In the case of an eligible entity described in subsection (a)(3)(C) that receives a grant under paragraph (1), such entity shall use amounts received under the grant to award subgrants to the local educational agencies that are members of the entity, and reserve not more than 10 percent of such grant funds to support statewide activities to meet a variety of health needs, which may include hiring a nurse to provide training and technical assistance to schools statewide that meet the criteria established in subsection (d)(2)(A). (2) Contents.--Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. (2) Non-federal share.--The non-Federal share of a grant under this section may be in cash or in-kind, and may be provided from State resources, local resources, contributions from private organizations, or a combination thereof. (3) Waiver.--The Secretary may waive or reduce the non- Federal share of an eligible entity receiving a grant under this section if the eligible entity demonstrates an economic hardship. (f) Report.--Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of-- (1) the effectiveness of the program in increasing the number of school nurses; and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2026.

To make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools. Congress finds the following: (1) The National Association of School Nurses identifies schools as primary locations to address student health issues, since a school nurse is the health care provider that many students see on the most regular basis. ( (5) The American Federation of Teachers has called for a nurse in every school, as nurses are front-line workers that address an array of health needs and their presence in a school can help to improve student learning. ( 9) According to the American Academy of Pediatrics, students today face increased social and emotional issues, which enhance the need for preventive services and interventions for acute and chronic health issues. (10) According to the Department of Education, during the 2013-2014 school year, 1,360,747 children enrolled in public schools experienced homelessness. a) Definitions.--In this section: (1) ESEA terms.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given to the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( (3) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency in which not less than 20 percent of the children are eligible to participate in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq. ); ( 4) High-need local educational agency.--The term ``high- need local educational agency'' means a local educational agency described in paragraph (3)(A)-- (A) that serves not fewer than 15,000 children who are eligible to participate in the program described in such paragraph; or (B) for which not less than 40 percent of the children served by the agency are eligible to participate in the program described in such paragraph. ( (b) Demonstration Grant Program Authorized.-- (1) In general.--From amounts appropriated to carry out this section, the Secretary of Education shall award demonstration grants, on a competitive basis, to eligible entities to pay the Federal share of the costs of increasing the number of school nurses in the public elementary schools and secondary schools served by the eligible entity, which may include hiring a school nurse to serve schools in multiple school districts. ( c) Applications.-- (1) In general.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. ( e) Federal Share; Non-Federal Share.-- (1) Federal share.--The Federal share of a grant under this section-- (A) shall not exceed 75 percent for each year of the grant; and (B) in the case of a multiyear grant, shall decrease for each succeeding year of the grant, in order to ensure the continuity of the increased hiring level of school nurses using State or local sources of funding following the conclusion of the grant. (2) Non-federal share.--The non-Federal share of a grant under this section may be in cash or in-kind, and may be provided from State resources, local resources, contributions from private organizations, or a combination thereof. ( f) Report.--Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of-- (1) the effectiveness of the program in increasing the number of school nurses; and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. (

To make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools. Congress finds the following: (1) The National Association of School Nurses identifies schools as primary locations to address student health issues, since a school nurse is the health care provider that many students see on the most regular basis. ( 7) The National Association of School Nurses has reported that medication administration to students is one of the most common health-related activities performed in school. As more chronically ill and medically unstable children enter the school system each year, the medical factors that promote and support their academic success increase, including the need for medications that enhance overall health or stabilize chronic conditions. ( 9) According to the American Academy of Pediatrics, students today face increased social and emotional issues, which enhance the need for preventive services and interventions for acute and chronic health issues. 11) Communicable and infectious diseases account for millions of school days lost each year. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency in which not less than 20 percent of the children are eligible to participate in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq. ); ( 2) SEAs.--In the case of an eligible entity described in subsection (a)(3)(C) that receives a grant under paragraph (1), such entity shall use amounts received under the grant to award subgrants to the local educational agencies that are members of the entity, and reserve not more than 10 percent of such grant funds to support statewide activities to meet a variety of health needs, which may include hiring a nurse to provide training and technical assistance to schools statewide that meet the criteria established in subsection (d)(2)(A). (c) Applications.-- (1) In general.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( 2) Contents.--Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. ( (f) Report.--Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of-- (1) the effectiveness of the program in increasing the number of school nurses; and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. ( g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2026.

To make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools. Congress finds the following: (1) The National Association of School Nurses identifies schools as primary locations to address student health issues, since a school nurse is the health care provider that many students see on the most regular basis. ( 7) The National Association of School Nurses has reported that medication administration to students is one of the most common health-related activities performed in school. As more chronically ill and medically unstable children enter the school system each year, the medical factors that promote and support their academic success increase, including the need for medications that enhance overall health or stabilize chronic conditions. ( 9) According to the American Academy of Pediatrics, students today face increased social and emotional issues, which enhance the need for preventive services and interventions for acute and chronic health issues. 11) Communicable and infectious diseases account for millions of school days lost each year. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency in which not less than 20 percent of the children are eligible to participate in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq. ); ( 2) SEAs.--In the case of an eligible entity described in subsection (a)(3)(C) that receives a grant under paragraph (1), such entity shall use amounts received under the grant to award subgrants to the local educational agencies that are members of the entity, and reserve not more than 10 percent of such grant funds to support statewide activities to meet a variety of health needs, which may include hiring a nurse to provide training and technical assistance to schools statewide that meet the criteria established in subsection (d)(2)(A). (c) Applications.-- (1) In general.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( 2) Contents.--Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. ( (f) Report.--Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of-- (1) the effectiveness of the program in increasing the number of school nurses; and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. ( g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2026.

To make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools. Congress finds the following: (1) The National Association of School Nurses identifies schools as primary locations to address student health issues, since a school nurse is the health care provider that many students see on the most regular basis. ( (5) The American Federation of Teachers has called for a nurse in every school, as nurses are front-line workers that address an array of health needs and their presence in a school can help to improve student learning. ( 9) According to the American Academy of Pediatrics, students today face increased social and emotional issues, which enhance the need for preventive services and interventions for acute and chronic health issues. (10) According to the Department of Education, during the 2013-2014 school year, 1,360,747 children enrolled in public schools experienced homelessness. a) Definitions.--In this section: (1) ESEA terms.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given to the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( (3) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency in which not less than 20 percent of the children are eligible to participate in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq. ); ( 4) High-need local educational agency.--The term ``high- need local educational agency'' means a local educational agency described in paragraph (3)(A)-- (A) that serves not fewer than 15,000 children who are eligible to participate in the program described in such paragraph; or (B) for which not less than 40 percent of the children served by the agency are eligible to participate in the program described in such paragraph. ( (b) Demonstration Grant Program Authorized.-- (1) In general.--From amounts appropriated to carry out this section, the Secretary of Education shall award demonstration grants, on a competitive basis, to eligible entities to pay the Federal share of the costs of increasing the number of school nurses in the public elementary schools and secondary schools served by the eligible entity, which may include hiring a school nurse to serve schools in multiple school districts. ( c) Applications.-- (1) In general.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. ( e) Federal Share; Non-Federal Share.-- (1) Federal share.--The Federal share of a grant under this section-- (A) shall not exceed 75 percent for each year of the grant; and (B) in the case of a multiyear grant, shall decrease for each succeeding year of the grant, in order to ensure the continuity of the increased hiring level of school nurses using State or local sources of funding following the conclusion of the grant. (2) Non-federal share.--The non-Federal share of a grant under this section may be in cash or in-kind, and may be provided from State resources, local resources, contributions from private organizations, or a combination thereof. ( f) Report.--Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of-- (1) the effectiveness of the program in increasing the number of school nurses; and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. (

To make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools. Congress finds the following: (1) The National Association of School Nurses identifies schools as primary locations to address student health issues, since a school nurse is the health care provider that many students see on the most regular basis. ( 7) The National Association of School Nurses has reported that medication administration to students is one of the most common health-related activities performed in school. As more chronically ill and medically unstable children enter the school system each year, the medical factors that promote and support their academic success increase, including the need for medications that enhance overall health or stabilize chronic conditions. ( 9) According to the American Academy of Pediatrics, students today face increased social and emotional issues, which enhance the need for preventive services and interventions for acute and chronic health issues. 11) Communicable and infectious diseases account for millions of school days lost each year. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency in which not less than 20 percent of the children are eligible to participate in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq. ); ( 2) SEAs.--In the case of an eligible entity described in subsection (a)(3)(C) that receives a grant under paragraph (1), such entity shall use amounts received under the grant to award subgrants to the local educational agencies that are members of the entity, and reserve not more than 10 percent of such grant funds to support statewide activities to meet a variety of health needs, which may include hiring a nurse to provide training and technical assistance to schools statewide that meet the criteria established in subsection (d)(2)(A). (c) Applications.-- (1) In general.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( 2) Contents.--Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. ( (f) Report.--Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of-- (1) the effectiveness of the program in increasing the number of school nurses; and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. ( g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2026.

To make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools. Congress finds the following: (1) The National Association of School Nurses identifies schools as primary locations to address student health issues, since a school nurse is the health care provider that many students see on the most regular basis. ( (5) The American Federation of Teachers has called for a nurse in every school, as nurses are front-line workers that address an array of health needs and their presence in a school can help to improve student learning. ( 9) According to the American Academy of Pediatrics, students today face increased social and emotional issues, which enhance the need for preventive services and interventions for acute and chronic health issues. (10) According to the Department of Education, during the 2013-2014 school year, 1,360,747 children enrolled in public schools experienced homelessness. a) Definitions.--In this section: (1) ESEA terms.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given to the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( (3) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency in which not less than 20 percent of the children are eligible to participate in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq. ); ( 4) High-need local educational agency.--The term ``high- need local educational agency'' means a local educational agency described in paragraph (3)(A)-- (A) that serves not fewer than 15,000 children who are eligible to participate in the program described in such paragraph; or (B) for which not less than 40 percent of the children served by the agency are eligible to participate in the program described in such paragraph. ( (b) Demonstration Grant Program Authorized.-- (1) In general.--From amounts appropriated to carry out this section, the Secretary of Education shall award demonstration grants, on a competitive basis, to eligible entities to pay the Federal share of the costs of increasing the number of school nurses in the public elementary schools and secondary schools served by the eligible entity, which may include hiring a school nurse to serve schools in multiple school districts. ( c) Applications.-- (1) In general.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. ( e) Federal Share; Non-Federal Share.-- (1) Federal share.--The Federal share of a grant under this section-- (A) shall not exceed 75 percent for each year of the grant; and (B) in the case of a multiyear grant, shall decrease for each succeeding year of the grant, in order to ensure the continuity of the increased hiring level of school nurses using State or local sources of funding following the conclusion of the grant. (2) Non-federal share.--The non-Federal share of a grant under this section may be in cash or in-kind, and may be provided from State resources, local resources, contributions from private organizations, or a combination thereof. ( f) Report.--Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of-- (1) the effectiveness of the program in increasing the number of school nurses; and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. (

To make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools. Congress finds the following: (1) The National Association of School Nurses identifies schools as primary locations to address student health issues, since a school nurse is the health care provider that many students see on the most regular basis. ( ( 2) Contents.--Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. ( ( f) Report.--Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of-- (1) the effectiveness of the program in increasing the number of school nurses; and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. (

To make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools. Congress finds the following: (1) The National Association of School Nurses identifies schools as primary locations to address student health issues, since a school nurse is the health care provider that many students see on the most regular basis. ( ( ( (3) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency in which not less than 20 percent of the children are eligible to participate in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq. ); ( b) Demonstration Grant Program Authorized.-- (1) In general.--From amounts appropriated to carry out this section, the Secretary of Education shall award demonstration grants, on a competitive basis, to eligible entities to pay the Federal share of the costs of increasing the number of school nurses in the public elementary schools and secondary schools served by the eligible entity, which may include hiring a school nurse to serve schools in multiple school districts. ( (2) Contents.--Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. ( f) Report.--Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of-- (1) the effectiveness of the program in increasing the number of school nurses; and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. (

To make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools. Congress finds the following: (1) The National Association of School Nurses identifies schools as primary locations to address student health issues, since a school nurse is the health care provider that many students see on the most regular basis. ( ( 2) Contents.--Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. ( ( f) Report.--Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of-- (1) the effectiveness of the program in increasing the number of school nurses; and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. (

To make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools. Congress finds the following: (1) The National Association of School Nurses identifies schools as primary locations to address student health issues, since a school nurse is the health care provider that many students see on the most regular basis. ( ( ( (3) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency in which not less than 20 percent of the children are eligible to participate in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq. ); ( b) Demonstration Grant Program Authorized.-- (1) In general.--From amounts appropriated to carry out this section, the Secretary of Education shall award demonstration grants, on a competitive basis, to eligible entities to pay the Federal share of the costs of increasing the number of school nurses in the public elementary schools and secondary schools served by the eligible entity, which may include hiring a school nurse to serve schools in multiple school districts. ( (2) Contents.--Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. ( f) Report.--Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of-- (1) the effectiveness of the program in increasing the number of school nurses; and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. (

Nurses for Under-Resourced Schools Everywhere Act or the NURSE Act This bill directs the Department of Education (ED) to make demonstration grants to local educational agencies or consortia of such agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools. The grant amounts may be used to: (1) establish a nurse training program; ( Directs the Secretary of Education to give priority to each application submitted by an eligible entity that: (1) is a high-need local educational agency, a consortium composed of high-needs local education agencies, or a state educational agency in consortium with such entities; and (2) demonstrates the greatest need for new or additional nursing services among students in the public elementary schools and secondary schools

H.R.4686

International Affairs

Cambodia Democracy Act of 2021 This bill directs the President to impose sanctions on individuals responsible for acts to undermine democracy in Cambodia, including acts that constituted serious human rights violations. The sanctions shall be directed at senior Cambodian government, military, or security forces officials responsible for such actions, as well as entities controlled or owned by such individuals. The sanctions shall include blocking assets and restricting the entry of sanctioned individuals into the United States, and shall not apply to the importation of goods. The President may waive the sanctions with respect to a person or entity if it is in the national interest of the United States. The President may suspend the sanctions if Cambodia makes meaningful progress toward ending government efforts to undermine democracy or committing human rights violations.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cambodia Democracy Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Prime Minister Hun Sen has been in power in Cambodia since 1985 and is the longest-serving leader in Southeast Asia. Despite decades of international attention and assistance to promote a pluralistic, multi-party democratic system in Cambodia, the Government of Cambodia continues to be undemocratically dominated by the ruling Cambodia People's Party (CPP), which controls every agency and security apparatus of the state. (2) The Government of Cambodia has taken several measures, particularly since 2017 and during the COVID-19 pandemic, to restrict Cambodia's space for civil society and media environment, especially through politicized tax investigations against independent media outlets. (3) On September 3, 2017, Kem Sokha, the President of the Cambodia National Rescue Party (CNRP), was arrested on politically motivated charges and faces up to 30 years in prison. On November 16, 2017, Cambodia's Supreme Court dissolved the CNRP, eliminating the primary opposition party. While Kem Sokha is no longer in prison, his movements are restricted, he is prohibited from engaging in political activity, and his charges remain pending. The CNRP's previous leader, Sam Rainsy, remains in unofficial exile, and has been prevented from returning to the country. (4) Since the CNRP's dissolution, the Government of Cambodia has arrested, imprisoned, or brought politically motivated charges against CNRP leaders and activists. Starting in November 2020, the Government of Cambodia has held a series of mass trials for over 100 individuals affiliated with the CNRP. (5) Since 1991, the elections that have taken place in Cambodia were conducted in circumstances that were not free, fair, and credible or were marked by fraud, intimidation, violence, and the government's misuse of legal mechanisms to weaken opposition candidates and parties. (6) The United States is committed to promoting democracy, human rights, and the rule of law in Cambodia. The United States continues to urge the Government of Cambodia to immediately drop charges against Kem Sokha, reinstate the political status of the CNRP and restore its elected seats in the National Assembly, and support electoral reform efforts in Cambodia with free, fair, and credible elections monitored by international observers. SEC. 3. SANCTIONS RELATING TO UNDERMINING DEMOCRACY IN CAMBODIA. (a) Designation of Persons Responsible for Undermining Democracy in Cambodia.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall designate and transmit to the appropriate congressional committees a list of-- (A) each senior official of the government, military, or security forces of Cambodia who the President determines has directly and substantially undermined democracy in Cambodia; (B) each senior official of the government, military, or security forces of Cambodia who the President determines has committed or directed serious human rights violations associated with undermining democracy in Cambodia; and (C) entities owned or controlled by senior officials of the government, military, or security forces of Cambodia described in subparagraphs (A) and (B). (2) Imposition of sanctions.--The President shall impose the sanctions described in subsection (b) on each foreign person designated pursuant to paragraph (1). (3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. (b) Sanctions Described.--The sanctions described in this subsection are the following: (1) Asset blocking.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person designated under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Inadmissibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--A foreign person designated under subsection (a) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked.--A foreign person designated under subsection (a) is subject to the following: (i) In general.--The foreign person is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (ii) Immediate effect.--A revocation under clause (i) shall-- (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the foreign person's possession. (C) Exception to comply with international obligations.--Sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (3) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (c) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. (e) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. (2) Good defined.--In this subsection, the term ``good'' means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. SEC. 4. SUSPENSION OF SANCTIONS. (a) Suspension.--The sanctions described in section 3 may be suspended for up to 1-year upon certification by the President to the appropriate congressional committees that Cambodia is making meaningful progress toward the following: (1) Ending government efforts to undermine democracy. (2) Ending human rights violations associated with undermining democracy. (3) Conducting free and fair elections which allow for the active participation of credible opposition candidates. (b) Renewal of Suspension.--The suspension described in subsection (a) may be renewed for additional, consecutive-day periods if the President certifies to the appropriate congressional committees that Cambodia is continuing to make meaningful progress towards satisfying the conditions described in such subsection during the previous year. SEC. 5. 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. SEC. 6. SUNSET. This Act shall terminate on the date that is 5 years after the date of the enactment of this Act. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Person.-- (A) In general.--The term ``person'' means-- (i) a natural person; or (ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise or any successor to any entity described in this clause. (B) Application to governmental entities.--The term ``person'' does not include a government or governmental entity that is not operating as a business enterprise. (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity. Passed the House of Representatives September 28, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Cambodia Democracy Act of 2021

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes.

Cambodia Democracy Act of 2021 Cambodia Democracy Act of 2021 Cambodia Democracy Act of 2021

Rep. Chabot, Steve

R

OH

This bill directs the President to impose sanctions on individuals responsible for acts to undermine democracy in Cambodia, including acts that constituted serious human rights violations. The sanctions shall be directed at senior Cambodian government, military, or security forces officials responsible for such actions, as well as entities controlled or owned by such individuals. The sanctions shall include blocking assets and restricting the entry of sanctioned individuals into the United States, and shall not apply to the importation of goods. The President may waive the sanctions with respect to a person or entity if it is in the national interest of the United States. The President may suspend the sanctions if Cambodia makes meaningful progress toward ending government efforts to undermine democracy or committing human rights violations.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. This Act may be cited as the ``Cambodia Democracy Act of 2021''. 2. On November 16, 2017, Cambodia's Supreme Court dissolved the CNRP, eliminating the primary opposition party. While Kem Sokha is no longer in prison, his movements are restricted, he is prohibited from engaging in political activity, and his charges remain pending. (4) Since the CNRP's dissolution, the Government of Cambodia has arrested, imprisoned, or brought politically motivated charges against CNRP leaders and activists. (b) Sanctions Described.--The sanctions described in this subsection are the following: (1) Asset blocking.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person designated under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Current visas revoked.--A foreign person designated under subsection (a) is subject to the following: (i) In general.--The foreign person is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. 1702 and 1704) to carry out this section. (e) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. SUSPENSION OF SANCTIONS. (2) Ending human rights violations associated with undermining democracy. 5. DETERMINATION OF BUDGETARY EFFECTS. 6. This Act shall terminate on the date that is 5 years after the date of the enactment of this Act. SEC. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Person.-- (A) In general.--The term ``person'' means-- (i) a natural person; or (ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise or any successor to any entity described in this clause. (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. This Act may be cited as the ``Cambodia Democracy Act of 2021''. 2. On November 16, 2017, Cambodia's Supreme Court dissolved the CNRP, eliminating the primary opposition party. (4) Since the CNRP's dissolution, the Government of Cambodia has arrested, imprisoned, or brought politically motivated charges against CNRP leaders and activists. (b) Sanctions Described.--The sanctions described in this subsection are the following: (1) Asset blocking.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person designated under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Current visas revoked.--A foreign person designated under subsection (a) is subject to the following: (i) In general.--The foreign person is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. 1702 and 1704) to carry out this section. (e) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. SUSPENSION OF SANCTIONS. 5. DETERMINATION OF BUDGETARY EFFECTS. 6. SEC. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. SHORT TITLE. This Act may be cited as the ``Cambodia Democracy Act of 2021''. 2. FINDINGS. (2) The Government of Cambodia has taken several measures, particularly since 2017 and during the COVID-19 pandemic, to restrict Cambodia's space for civil society and media environment, especially through politicized tax investigations against independent media outlets. On November 16, 2017, Cambodia's Supreme Court dissolved the CNRP, eliminating the primary opposition party. While Kem Sokha is no longer in prison, his movements are restricted, he is prohibited from engaging in political activity, and his charges remain pending. The CNRP's previous leader, Sam Rainsy, remains in unofficial exile, and has been prevented from returning to the country. (4) Since the CNRP's dissolution, the Government of Cambodia has arrested, imprisoned, or brought politically motivated charges against CNRP leaders and activists. (a) Designation of Persons Responsible for Undermining Democracy in Cambodia.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall designate and transmit to the appropriate congressional committees a list of-- (A) each senior official of the government, military, or security forces of Cambodia who the President determines has directly and substantially undermined democracy in Cambodia; (B) each senior official of the government, military, or security forces of Cambodia who the President determines has committed or directed serious human rights violations associated with undermining democracy in Cambodia; and (C) entities owned or controlled by senior officials of the government, military, or security forces of Cambodia described in subparagraphs (A) and (B). (b) Sanctions Described.--The sanctions described in this subsection are the following: (1) Asset blocking.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person designated under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Current visas revoked.--A foreign person designated under subsection (a) is subject to the following: (i) In general.--The foreign person is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. 1705) shall apply to a foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. 1702 and 1704) to carry out this section. (e) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. SUSPENSION OF SANCTIONS. (2) Ending human rights violations associated with undermining democracy. 5. DETERMINATION OF BUDGETARY EFFECTS. 6. SUNSET. This Act shall terminate on the date that is 5 years after the date of the enactment of this Act. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Person.-- (A) In general.--The term ``person'' means-- (i) a natural person; or (ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise or any successor to any entity described in this clause. (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity. Attest: CHERYL L. JOHNSON, Clerk.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. SHORT TITLE. This Act may be cited as the ``Cambodia Democracy Act of 2021''. 2. FINDINGS. Congress finds the following: (1) Prime Minister Hun Sen has been in power in Cambodia since 1985 and is the longest-serving leader in Southeast Asia. (2) The Government of Cambodia has taken several measures, particularly since 2017 and during the COVID-19 pandemic, to restrict Cambodia's space for civil society and media environment, especially through politicized tax investigations against independent media outlets. On November 16, 2017, Cambodia's Supreme Court dissolved the CNRP, eliminating the primary opposition party. While Kem Sokha is no longer in prison, his movements are restricted, he is prohibited from engaging in political activity, and his charges remain pending. The CNRP's previous leader, Sam Rainsy, remains in unofficial exile, and has been prevented from returning to the country. (4) Since the CNRP's dissolution, the Government of Cambodia has arrested, imprisoned, or brought politically motivated charges against CNRP leaders and activists. Starting in November 2020, the Government of Cambodia has held a series of mass trials for over 100 individuals affiliated with the CNRP. The United States continues to urge the Government of Cambodia to immediately drop charges against Kem Sokha, reinstate the political status of the CNRP and restore its elected seats in the National Assembly, and support electoral reform efforts in Cambodia with free, fair, and credible elections monitored by international observers. (a) Designation of Persons Responsible for Undermining Democracy in Cambodia.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall designate and transmit to the appropriate congressional committees a list of-- (A) each senior official of the government, military, or security forces of Cambodia who the President determines has directly and substantially undermined democracy in Cambodia; (B) each senior official of the government, military, or security forces of Cambodia who the President determines has committed or directed serious human rights violations associated with undermining democracy in Cambodia; and (C) entities owned or controlled by senior officials of the government, military, or security forces of Cambodia described in subparagraphs (A) and (B). (b) Sanctions Described.--The sanctions described in this subsection are the following: (1) Asset blocking.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person designated under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Current visas revoked.--A foreign person designated under subsection (a) is subject to the following: (i) In general.--The foreign person is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (C) Exception to comply with international obligations.--Sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. 1705) shall apply to a foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. 1702 and 1704) to carry out this section. (e) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. SUSPENSION OF SANCTIONS. (2) Ending human rights violations associated with undermining democracy. (3) Conducting free and fair elections which allow for the active participation of credible opposition candidates. 5. 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. 6. SUNSET. This Act shall terminate on the date that is 5 years after the date of the enactment of this Act. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Person.-- (A) In general.--The term ``person'' means-- (i) a natural person; or (ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise or any successor to any entity described in this clause. (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity. Attest: CHERYL L. JOHNSON, Clerk.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) On September 3, 2017, Kem Sokha, the President of the Cambodia National Rescue Party (CNRP), was arrested on politically motivated charges and faces up to 30 years in prison. The CNRP's previous leader, Sam Rainsy, remains in unofficial exile, and has been prevented from returning to the country. ( 4) Since the CNRP's dissolution, the Government of Cambodia has arrested, imprisoned, or brought politically motivated charges against CNRP leaders and activists. 2) Imposition of sanctions.--The President shall impose the sanctions described in subsection (b) on each foreign person designated pursuant to paragraph (1). ( 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person designated under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ( B) Current visas revoked.--A foreign person designated under subsection (a) is subject to the following: (i) In general.--The foreign person is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. ( (C) Exception to comply with international obligations.--Sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. (e) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. ( a) Suspension.--The sanctions described in section 3 may be suspended for up to 1-year upon certification by the President to the appropriate congressional committees that Cambodia is making meaningful progress toward the following: (1) Ending government efforts to undermine democracy. ( 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. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ( (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity. Passed the House of Representatives September 28, 2021.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) On September 3, 2017, Kem Sokha, the President of the Cambodia National Rescue Party (CNRP), was arrested on politically motivated charges and faces up to 30 years in prison. While Kem Sokha is no longer in prison, his movements are restricted, he is prohibited from engaging in political activity, and his charges remain pending. The United States continues to urge the Government of Cambodia to immediately drop charges against Kem Sokha, reinstate the political status of the CNRP and restore its elected seats in the National Assembly, and support electoral reform efforts in Cambodia with free, fair, and credible elections monitored by international observers. 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( (2) Inadmissibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--A foreign person designated under subsection (a) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( 3) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. ( (d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. ( SUSPENSION OF SANCTIONS. ( b) Renewal of Suspension.--The suspension described in subsection (a) may be renewed for additional, consecutive-day periods if the President certifies to the appropriate congressional committees that Cambodia is continuing to make meaningful progress towards satisfying the conditions described in such subsection during the previous year. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ( B) Application to governmental entities.--The term ``person'' does not include a government or governmental entity that is not operating as a business enterprise. (

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) On September 3, 2017, Kem Sokha, the President of the Cambodia National Rescue Party (CNRP), was arrested on politically motivated charges and faces up to 30 years in prison. While Kem Sokha is no longer in prison, his movements are restricted, he is prohibited from engaging in political activity, and his charges remain pending. The United States continues to urge the Government of Cambodia to immediately drop charges against Kem Sokha, reinstate the political status of the CNRP and restore its elected seats in the National Assembly, and support electoral reform efforts in Cambodia with free, fair, and credible elections monitored by international observers. 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( (2) Inadmissibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--A foreign person designated under subsection (a) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( 3) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. ( (d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. ( SUSPENSION OF SANCTIONS. ( b) Renewal of Suspension.--The suspension described in subsection (a) may be renewed for additional, consecutive-day periods if the President certifies to the appropriate congressional committees that Cambodia is continuing to make meaningful progress towards satisfying the conditions described in such subsection during the previous year. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ( B) Application to governmental entities.--The term ``person'' does not include a government or governmental entity that is not operating as a business enterprise. (

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) On September 3, 2017, Kem Sokha, the President of the Cambodia National Rescue Party (CNRP), was arrested on politically motivated charges and faces up to 30 years in prison. The CNRP's previous leader, Sam Rainsy, remains in unofficial exile, and has been prevented from returning to the country. ( 4) Since the CNRP's dissolution, the Government of Cambodia has arrested, imprisoned, or brought politically motivated charges against CNRP leaders and activists. 2) Imposition of sanctions.--The President shall impose the sanctions described in subsection (b) on each foreign person designated pursuant to paragraph (1). ( 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person designated under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ( B) Current visas revoked.--A foreign person designated under subsection (a) is subject to the following: (i) In general.--The foreign person is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. ( (C) Exception to comply with international obligations.--Sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. (e) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. ( a) Suspension.--The sanctions described in section 3 may be suspended for up to 1-year upon certification by the President to the appropriate congressional committees that Cambodia is making meaningful progress toward the following: (1) Ending government efforts to undermine democracy. ( 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. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ( (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity. Passed the House of Representatives September 28, 2021.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) On September 3, 2017, Kem Sokha, the President of the Cambodia National Rescue Party (CNRP), was arrested on politically motivated charges and faces up to 30 years in prison. While Kem Sokha is no longer in prison, his movements are restricted, he is prohibited from engaging in political activity, and his charges remain pending. The United States continues to urge the Government of Cambodia to immediately drop charges against Kem Sokha, reinstate the political status of the CNRP and restore its elected seats in the National Assembly, and support electoral reform efforts in Cambodia with free, fair, and credible elections monitored by international observers. 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( (2) Inadmissibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--A foreign person designated under subsection (a) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( 3) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. ( (d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. ( SUSPENSION OF SANCTIONS. ( b) Renewal of Suspension.--The suspension described in subsection (a) may be renewed for additional, consecutive-day periods if the President certifies to the appropriate congressional committees that Cambodia is continuing to make meaningful progress towards satisfying the conditions described in such subsection during the previous year. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ( B) Application to governmental entities.--The term ``person'' does not include a government or governmental entity that is not operating as a business enterprise. (

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) On September 3, 2017, Kem Sokha, the President of the Cambodia National Rescue Party (CNRP), was arrested on politically motivated charges and faces up to 30 years in prison. The CNRP's previous leader, Sam Rainsy, remains in unofficial exile, and has been prevented from returning to the country. ( 4) Since the CNRP's dissolution, the Government of Cambodia has arrested, imprisoned, or brought politically motivated charges against CNRP leaders and activists. 2) Imposition of sanctions.--The President shall impose the sanctions described in subsection (b) on each foreign person designated pursuant to paragraph (1). ( 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person designated under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ( B) Current visas revoked.--A foreign person designated under subsection (a) is subject to the following: (i) In general.--The foreign person is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. ( (C) Exception to comply with international obligations.--Sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. (e) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. ( a) Suspension.--The sanctions described in section 3 may be suspended for up to 1-year upon certification by the President to the appropriate congressional committees that Cambodia is making meaningful progress toward the following: (1) Ending government efforts to undermine democracy. ( 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. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ( (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity. Passed the House of Representatives September 28, 2021.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) On September 3, 2017, Kem Sokha, the President of the Cambodia National Rescue Party (CNRP), was arrested on politically motivated charges and faces up to 30 years in prison. While Kem Sokha is no longer in prison, his movements are restricted, he is prohibited from engaging in political activity, and his charges remain pending. The United States continues to urge the Government of Cambodia to immediately drop charges against Kem Sokha, reinstate the political status of the CNRP and restore its elected seats in the National Assembly, and support electoral reform efforts in Cambodia with free, fair, and credible elections monitored by international observers. 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( (2) Inadmissibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--A foreign person designated under subsection (a) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( 3) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. ( (d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. ( SUSPENSION OF SANCTIONS. ( b) Renewal of Suspension.--The suspension described in subsection (a) may be renewed for additional, consecutive-day periods if the President certifies to the appropriate congressional committees that Cambodia is continuing to make meaningful progress towards satisfying the conditions described in such subsection during the previous year. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ( B) Application to governmental entities.--The term ``person'' does not include a government or governmental entity that is not operating as a business enterprise. (

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( ( (C) Exception to comply with international obligations.--Sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( a) Suspension.--The sanctions described in section 3 may be suspended for up to 1-year upon certification by the President to the appropriate congressional committees that Cambodia is making meaningful progress toward the following: (1) Ending government efforts to undermine democracy. ( 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. 3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. ( ( b) Renewal of Suspension.--The suspension described in subsection (a) may be renewed for additional, consecutive-day periods if the President certifies to the appropriate congressional committees that Cambodia is continuing to make meaningful progress towards satisfying the conditions described in such subsection during the previous year. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( ( (C) Exception to comply with international obligations.--Sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( a) Suspension.--The sanctions described in section 3 may be suspended for up to 1-year upon certification by the President to the appropriate congressional committees that Cambodia is making meaningful progress toward the following: (1) Ending government efforts to undermine democracy. ( 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. 3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity.

Cambodia Democracy Act of 2021 This bill directs the President to designate and transmit to Congress a list of senior officials of the government, military, or security forces of Cambodia who have directly and substantially undermined democracy in Cambodia, each senior official of such government who the President determines has committed or directed serious human rights violations associated with undermining democracy, and entities owned or controlled by senior officials Authorizes the President to exercise all authorities provided under the International Emergency Economic Powers Act (IEPA) to carry out this Act. (Sec. 4) Suspends sanctions for up to one year upon certification to Congress that Cambodia is making meaningful progress toward: (1) ending government efforts to undermine democracy; (2) ending human rights violations associated with undermining democracy; and (3)

S.2742

Labor and Employment

Recovering Fraudulent Claims Act This bill requires the Department of Justice to establish the COVID-19 Unemployment Insurance Fraud Task Force. The task force must investigate fraud related to COVID-19 unemployment insurance benefits, including fraud involving identity theft. The Government Accountability Office must study COVID-19 unemployment insurance fraud, including whether available funds are being utilized or underutilized by states to prevent fraud and recover fraudulent payments.

To establish the COVID-19 Unemployment Insurance Fraud Task Force, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Recovering Fraudulent Claims Act''. SEC. 2. COVID-19 UNEMPLOYMENT INSURANCE FRAUD TASK FORCE. (a) In General.-- (1) Establishment.--Not later than 60 days after the date of enactment of this section, the Attorney General, in consultation with the Secretary, shall establish the COVID-19 Unemployment Insurance Fraud Task Force (in this section referred to as the ``Task Force''). (2) Duties.-- (A) Investigation.--The Task Force shall investigate fraud with respect to COVID-19 unemployment insurance benefits, including an identification of and investigation into-- (i) subject to paragraph (3), any alleged instance of fraudulent payment of COVID-19 unemployment insurance benefits to any individual, entity, or organization (either foreign or domestic) that was not eligible to receive such benefits; and (ii) any alleged instance in which an individual, entity, or organization (either foreign or domestic) stole or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. (B) Submission of findings to attorney general.-- The Task Force shall submit to the Attorney General the Task Force's findings with respect to the investigation conducted under subparagraph (A) to assist the Attorney General in the prosecution of fraud concerning COVID-19 unemployment insurance benefits. (3) Clarification.--The investigation conducted under paragraph (2)(A) shall not include an identification of or investigation into any improper payment of COVID-19 unemployment insurance benefits to any individual that was eligible to receive such benefits. (b) Membership.-- (1) In general.--The Attorney General, in consultation with the Secretary, shall appoint to the Task Force a representative from each of the following: (A) The Office of the Inspector General of the Department of Labor. (B) The Federal Bureau of Investigation. (C) The Department of Homeland Security. (D) The Internal Revenue Service. (E) The United States Postal Service. (F) The Office of the Inspector General of the Social Security Administration. (G) The Office of the Inspector General of the Department of Homeland Security. (H) A nonprofit organization representing State workforce agencies. (I) A national law enforcement organization. (J) Any other organization the Attorney General, in consultation with the Secretary, determines to be appropriate. (2) Prohibition on compensation.--The members of the Task Force shall not receive any compensation from the Federal Government by reason of their service on the Task Force. (c) Report to Congress.-- (1) Preliminary report.--Subject to paragraph (3), not later than 1 year after the date on which the Task Force is established under subsection (a)(1), the Task Force shall submit to the appropriate committees of Congress a report that contains a detailed description of the following: (A) The Task Force's findings with respect to the investigation conducted under subsection (a)(2)(A), including the following: (i) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Task Force as having allegedly obtained or attempted to obtain fraudulent payments of COVID-19 unemployment insurance benefits, including the amount of such benefits that were identified by the Task Force as having been obtained. (ii) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Task Force as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. (iii) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly obtained or attempted to obtain fraudulent payments of COVID-19 unemployment insurance benefits. (iv) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. (v) The total number of individuals the Attorney General has prosecuted for fraud concerning COVID-19 unemployment insurance benefits, including a list of the criminal charges brought and any prison sentences or accompanying fines imposed. (B) The steps the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to prosecute or otherwise penalize the individuals, entities, or organizations described in subparagraph (A). (C) Any challenge or impediment the Attorney General or the head of any other relevant Federal or State agency has encountered in prosecuting or otherwise penalizing such individuals, entities, or organizations. (D) The efforts the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to recover any fraudulent payment of COVID-19 unemployment insurance benefits, and the challenges associated with such efforts. (E) The total amount of fraudulent COVID-19 unemployment insurance benefits that were issued by States, including a State-by-State breakdown of such amount. (F) The total amount of fraudulent COVID-19 unemployment insurance benefits that the Attorney General or the head of any other relevant Federal or State agency has been able to recover. (G) The specific challenges the Task Force encountered in carrying out subsection (a)(2)(A). (2) Final report.--Subject to paragraph (3), not later than 1 year after the submission of the report under paragraph (1), the Task Force shall submit to the appropriate Committees of Congress a final report that includes updated information regarding subparagraphs (A) through (G) of paragraph (1). (3) Disclosure of return information.--No return information (as defined in section 6103(b) of the Internal Revenue Code of 1986) may be included in a report submitted under paragraph (1) or (2), except as authorized by such section 6103. (d) Sunset.--The Task Force shall terminate on the later of-- (1) the date on which the Task Force submits the final report under subsection (c)(2); or (2) a specific date selected by the Attorney General, in consultation with the Secretary, that falls after the date set forth in paragraph (1). (e) Definitions.-- (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Finance of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Ways and Means of the House of Representatives; (E) the Committee on the Judiciary of the House of Representatives; and (F) the Committee on Homeland Security of the House of Representatives. (2) COVID-19 unemployment insurance benefits.--The term ``COVID-19 unemployment insurance benefits'' means unemployment insurance benefits provided under any of the programs under section 2102, 2104, or 2107 of the CARES Act (15 U.S.C. 9021, 9023, 9025). (3) Secretary.--The term ``Secretary'' means the Secretary of Labor. (4) Synthetic identity theft.--The term ``synthetic identity theft'' means the use of a combination of personally identifiable information to fabricate an individual or entity in order to commit a dishonest act for personal or financial gain. SEC. 3. GAO STUDY AND REPORT. (a) Study.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study on unemployment insurance fraud with respect to COVID-19 unemployment insurance benefits (as defined in section 2(e)). Such study shall include an analysis of-- (1) how the amounts appropriated under section 2118 of the CARES Act (15 U.S.C. 9034), as added by section 9032 of the American Rescue Plan Act of 2021 (Public Law 117-2), are being utilized by States to-- (A) detect and prevent fraud in any such program; and (B) recover any fraudulent payment of COVID-19 unemployment insurance benefits; (2) any reason that such appropriated amounts were not used by States to detect and prevent such fraud and to recover such fraudulent payments; (3) whether such appropriated amounts were successful in helping States to detect and prevent such fraud and to recover such fraudulent payments; and (4) any other area determined appropriate by the Comptroller General. (b) Report.--Not later than 1 year after the date of enactment of this section, the Comptroller General shall submit to Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. <all>

Recovering Fraudulent Claims Act

A bill to establish the COVID-19 Unemployment Insurance Fraud Task Force, and for other purposes.

Recovering Fraudulent Claims Act

Sen. Thune, John

R

SD

This bill requires the Department of Justice to establish the COVID-19 Unemployment Insurance Fraud Task Force. The task force must investigate fraud related to COVID-19 unemployment insurance benefits, including fraud involving identity theft. The Government Accountability Office must study COVID-19 unemployment insurance fraud, including whether available funds are being utilized or underutilized by states to prevent fraud and recover fraudulent payments.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. COVID-19 UNEMPLOYMENT INSURANCE FRAUD TASK FORCE. (3) Clarification.--The investigation conducted under paragraph (2)(A) shall not include an identification of or investigation into any improper payment of COVID-19 unemployment insurance benefits to any individual that was eligible to receive such benefits. (B) The Federal Bureau of Investigation. (C) The Department of Homeland Security. (D) The Internal Revenue Service. (F) The Office of the Inspector General of the Social Security Administration. (H) A nonprofit organization representing State workforce agencies. (J) Any other organization the Attorney General, in consultation with the Secretary, determines to be appropriate. (iii) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly obtained or attempted to obtain fraudulent payments of COVID-19 unemployment insurance benefits. (D) The efforts the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to recover any fraudulent payment of COVID-19 unemployment insurance benefits, and the challenges associated with such efforts. (E) The total amount of fraudulent COVID-19 unemployment insurance benefits that were issued by States, including a State-by-State breakdown of such amount. (2) Final report.--Subject to paragraph (3), not later than 1 year after the submission of the report under paragraph (1), the Task Force shall submit to the appropriate Committees of Congress a final report that includes updated information regarding subparagraphs (A) through (G) of paragraph (1). (3) Disclosure of return information.--No return information (as defined in section 6103(b) of the Internal Revenue Code of 1986) may be included in a report submitted under paragraph (1) or (2), except as authorized by such section 6103. 9021, 9023, 9025). (4) Synthetic identity theft.--The term ``synthetic identity theft'' means the use of a combination of personally identifiable information to fabricate an individual or entity in order to commit a dishonest act for personal or financial gain. SEC. 3. GAO STUDY AND REPORT. 9034), as added by section 9032 of the American Rescue Plan Act of 2021 (Public Law 117-2), are being utilized by States to-- (A) detect and prevent fraud in any such program; and (B) recover any fraudulent payment of COVID-19 unemployment insurance benefits; (2) any reason that such appropriated amounts were not used by States to detect and prevent such fraud and to recover such fraudulent payments; (3) whether such appropriated amounts were successful in helping States to detect and prevent such fraud and to recover such fraudulent payments; and (4) any other area determined appropriate by the Comptroller General.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. COVID-19 UNEMPLOYMENT INSURANCE FRAUD TASK FORCE. (B) The Federal Bureau of Investigation. (C) The Department of Homeland Security. (D) The Internal Revenue Service. (F) The Office of the Inspector General of the Social Security Administration. (J) Any other organization the Attorney General, in consultation with the Secretary, determines to be appropriate. (iii) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly obtained or attempted to obtain fraudulent payments of COVID-19 unemployment insurance benefits. (D) The efforts the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to recover any fraudulent payment of COVID-19 unemployment insurance benefits, and the challenges associated with such efforts. (E) The total amount of fraudulent COVID-19 unemployment insurance benefits that were issued by States, including a State-by-State breakdown of such amount. (2) Final report.--Subject to paragraph (3), not later than 1 year after the submission of the report under paragraph (1), the Task Force shall submit to the appropriate Committees of Congress a final report that includes updated information regarding subparagraphs (A) through (G) of paragraph (1). 9021, 9023, 9025). (4) Synthetic identity theft.--The term ``synthetic identity theft'' means the use of a combination of personally identifiable information to fabricate an individual or entity in order to commit a dishonest act for personal or financial gain. SEC. 3. GAO STUDY AND 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 ``Recovering Fraudulent Claims Act''. 2. COVID-19 UNEMPLOYMENT INSURANCE FRAUD TASK FORCE. (2) Duties.-- (A) Investigation.--The Task Force shall investigate fraud with respect to COVID-19 unemployment insurance benefits, including an identification of and investigation into-- (i) subject to paragraph (3), any alleged instance of fraudulent payment of COVID-19 unemployment insurance benefits to any individual, entity, or organization (either foreign or domestic) that was not eligible to receive such benefits; and (ii) any alleged instance in which an individual, entity, or organization (either foreign or domestic) stole or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. (B) Submission of findings to attorney general.-- The Task Force shall submit to the Attorney General the Task Force's findings with respect to the investigation conducted under subparagraph (A) to assist the Attorney General in the prosecution of fraud concerning COVID-19 unemployment insurance benefits. (3) Clarification.--The investigation conducted under paragraph (2)(A) shall not include an identification of or investigation into any improper payment of COVID-19 unemployment insurance benefits to any individual that was eligible to receive such benefits. (B) The Federal Bureau of Investigation. (C) The Department of Homeland Security. (D) The Internal Revenue Service. (F) The Office of the Inspector General of the Social Security Administration. (H) A nonprofit organization representing State workforce agencies. (I) A national law enforcement organization. (J) Any other organization the Attorney General, in consultation with the Secretary, determines to be appropriate. (2) Prohibition on compensation.--The members of the Task Force shall not receive any compensation from the Federal Government by reason of their service on the Task Force. (iii) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly obtained or attempted to obtain fraudulent payments of COVID-19 unemployment insurance benefits. (D) The efforts the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to recover any fraudulent payment of COVID-19 unemployment insurance benefits, and the challenges associated with such efforts. (E) The total amount of fraudulent COVID-19 unemployment insurance benefits that were issued by States, including a State-by-State breakdown of such amount. (G) The specific challenges the Task Force encountered in carrying out subsection (a)(2)(A). (2) Final report.--Subject to paragraph (3), not later than 1 year after the submission of the report under paragraph (1), the Task Force shall submit to the appropriate Committees of Congress a final report that includes updated information regarding subparagraphs (A) through (G) of paragraph (1). (3) Disclosure of return information.--No return information (as defined in section 6103(b) of the Internal Revenue Code of 1986) may be included in a report submitted under paragraph (1) or (2), except as authorized by such section 6103. 9021, 9023, 9025). (4) Synthetic identity theft.--The term ``synthetic identity theft'' means the use of a combination of personally identifiable information to fabricate an individual or entity in order to commit a dishonest act for personal or financial gain. SEC. 3. GAO STUDY AND REPORT. Such study shall include an analysis of-- (1) how the amounts appropriated under section 2118 of the CARES Act (15 U.S.C. 9034), as added by section 9032 of the American Rescue Plan Act of 2021 (Public Law 117-2), are being utilized by States to-- (A) detect and prevent fraud in any such program; and (B) recover any fraudulent payment of COVID-19 unemployment insurance benefits; (2) any reason that such appropriated amounts were not used by States to detect and prevent such fraud and to recover such fraudulent payments; (3) whether such appropriated amounts were successful in helping States to detect and prevent such fraud and to recover such fraudulent payments; and (4) any other area determined appropriate by the Comptroller General.

To establish the COVID-19 Unemployment Insurance Fraud Task Force, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Recovering Fraudulent Claims Act''. 2. COVID-19 UNEMPLOYMENT INSURANCE FRAUD TASK FORCE. (2) Duties.-- (A) Investigation.--The Task Force shall investigate fraud with respect to COVID-19 unemployment insurance benefits, including an identification of and investigation into-- (i) subject to paragraph (3), any alleged instance of fraudulent payment of COVID-19 unemployment insurance benefits to any individual, entity, or organization (either foreign or domestic) that was not eligible to receive such benefits; and (ii) any alleged instance in which an individual, entity, or organization (either foreign or domestic) stole or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. (B) Submission of findings to attorney general.-- The Task Force shall submit to the Attorney General the Task Force's findings with respect to the investigation conducted under subparagraph (A) to assist the Attorney General in the prosecution of fraud concerning COVID-19 unemployment insurance benefits. (3) Clarification.--The investigation conducted under paragraph (2)(A) shall not include an identification of or investigation into any improper payment of COVID-19 unemployment insurance benefits to any individual that was eligible to receive such benefits. (b) Membership.-- (1) In general.--The Attorney General, in consultation with the Secretary, shall appoint to the Task Force a representative from each of the following: (A) The Office of the Inspector General of the Department of Labor. (B) The Federal Bureau of Investigation. (C) The Department of Homeland Security. (D) The Internal Revenue Service. (F) The Office of the Inspector General of the Social Security Administration. (H) A nonprofit organization representing State workforce agencies. (I) A national law enforcement organization. (J) Any other organization the Attorney General, in consultation with the Secretary, determines to be appropriate. (2) Prohibition on compensation.--The members of the Task Force shall not receive any compensation from the Federal Government by reason of their service on the Task Force. (iii) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly obtained or attempted to obtain fraudulent payments of COVID-19 unemployment insurance benefits. (v) The total number of individuals the Attorney General has prosecuted for fraud concerning COVID-19 unemployment insurance benefits, including a list of the criminal charges brought and any prison sentences or accompanying fines imposed. (B) The steps the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to prosecute or otherwise penalize the individuals, entities, or organizations described in subparagraph (A). (D) The efforts the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to recover any fraudulent payment of COVID-19 unemployment insurance benefits, and the challenges associated with such efforts. (E) The total amount of fraudulent COVID-19 unemployment insurance benefits that were issued by States, including a State-by-State breakdown of such amount. (G) The specific challenges the Task Force encountered in carrying out subsection (a)(2)(A). (2) Final report.--Subject to paragraph (3), not later than 1 year after the submission of the report under paragraph (1), the Task Force shall submit to the appropriate Committees of Congress a final report that includes updated information regarding subparagraphs (A) through (G) of paragraph (1). (3) Disclosure of return information.--No return information (as defined in section 6103(b) of the Internal Revenue Code of 1986) may be included in a report submitted under paragraph (1) or (2), except as authorized by such section 6103. (e) Definitions.-- (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Finance of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Ways and Means of the House of Representatives; (E) the Committee on the Judiciary of the House of Representatives; and (F) the Committee on Homeland Security of the House of Representatives. 9021, 9023, 9025). (4) Synthetic identity theft.--The term ``synthetic identity theft'' means the use of a combination of personally identifiable information to fabricate an individual or entity in order to commit a dishonest act for personal or financial gain. SEC. 3. GAO STUDY AND REPORT. Such study shall include an analysis of-- (1) how the amounts appropriated under section 2118 of the CARES Act (15 U.S.C. 9034), as added by section 9032 of the American Rescue Plan Act of 2021 (Public Law 117-2), are being utilized by States to-- (A) detect and prevent fraud in any such program; and (B) recover any fraudulent payment of COVID-19 unemployment insurance benefits; (2) any reason that such appropriated amounts were not used by States to detect and prevent such fraud and to recover such fraudulent payments; (3) whether such appropriated amounts were successful in helping States to detect and prevent such fraud and to recover such fraudulent payments; and (4) any other area determined appropriate by the Comptroller General. (b) Report.--Not later than 1 year after the date of enactment of this section, the Comptroller General shall submit to Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

To establish the COVID-19 Unemployment Insurance Fraud Task Force, and for other purposes. COVID-19 UNEMPLOYMENT INSURANCE FRAUD TASK FORCE. ( (B) Submission of findings to attorney general.-- The Task Force shall submit to the Attorney General the Task Force's findings with respect to the investigation conducted under subparagraph (A) to assist the Attorney General in the prosecution of fraud concerning COVID-19 unemployment insurance benefits. ( b) Membership.-- (1) In general.--The Attorney General, in consultation with the Secretary, shall appoint to the Task Force a representative from each of the following: (A) The Office of the Inspector General of the Department of Labor. ( D) The Internal Revenue Service. ( ii) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Task Force as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. (iii) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly obtained or attempted to obtain fraudulent payments of COVID-19 unemployment insurance benefits. ( iv) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. ( (C) Any challenge or impediment the Attorney General or the head of any other relevant Federal or State agency has encountered in prosecuting or otherwise penalizing such individuals, entities, or organizations. ( D) The efforts the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to recover any fraudulent payment of COVID-19 unemployment insurance benefits, and the challenges associated with such efforts. ( (d) Sunset.--The Task Force shall terminate on the later of-- (1) the date on which the Task Force submits the final report under subsection (c)(2); or (2) a specific date selected by the Attorney General, in consultation with the Secretary, that falls after the date set forth in paragraph (1). ( e) Definitions.-- (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Finance of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Ways and Means of the House of Representatives; (E) the Committee on the Judiciary of the House of Representatives; and (F) the Committee on Homeland Security of the House of Representatives. ( (a) Study.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study on unemployment insurance fraud with respect to COVID-19 unemployment insurance benefits (as defined in section 2(e)). b) Report.--Not later than 1 year after the date of enactment of this section, the Comptroller General shall submit to Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

To establish the COVID-19 Unemployment Insurance Fraud Task Force, and for other purposes. b) Membership.-- (1) In general.--The Attorney General, in consultation with the Secretary, shall appoint to the Task Force a representative from each of the following: (A) The Office of the Inspector General of the Department of Labor. ( D) The Internal Revenue Service. ( (G) The Office of the Inspector General of the Department of Homeland Security. ( J) Any other organization the Attorney General, in consultation with the Secretary, determines to be appropriate. ( (iv) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. ( D) The efforts the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to recover any fraudulent payment of COVID-19 unemployment insurance benefits, and the challenges associated with such efforts. ( (3) Disclosure of return information.--No return information (as defined in section 6103(b) of the Internal Revenue Code of 1986) may be included in a report submitted under paragraph (1) or (2), except as authorized by such section 6103. ( a) Study.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study on unemployment insurance fraud with respect to COVID-19 unemployment insurance benefits (as defined in section 2(e)). b) Report.--Not later than 1 year after the date of enactment of this section, the Comptroller General shall submit to Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

To establish the COVID-19 Unemployment Insurance Fraud Task Force, and for other purposes. b) Membership.-- (1) In general.--The Attorney General, in consultation with the Secretary, shall appoint to the Task Force a representative from each of the following: (A) The Office of the Inspector General of the Department of Labor. ( D) The Internal Revenue Service. ( (G) The Office of the Inspector General of the Department of Homeland Security. ( J) Any other organization the Attorney General, in consultation with the Secretary, determines to be appropriate. ( (iv) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. ( D) The efforts the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to recover any fraudulent payment of COVID-19 unemployment insurance benefits, and the challenges associated with such efforts. ( (3) Disclosure of return information.--No return information (as defined in section 6103(b) of the Internal Revenue Code of 1986) may be included in a report submitted under paragraph (1) or (2), except as authorized by such section 6103. ( a) Study.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study on unemployment insurance fraud with respect to COVID-19 unemployment insurance benefits (as defined in section 2(e)). b) Report.--Not later than 1 year after the date of enactment of this section, the Comptroller General shall submit to Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

To establish the COVID-19 Unemployment Insurance Fraud Task Force, and for other purposes. COVID-19 UNEMPLOYMENT INSURANCE FRAUD TASK FORCE. ( (B) Submission of findings to attorney general.-- The Task Force shall submit to the Attorney General the Task Force's findings with respect to the investigation conducted under subparagraph (A) to assist the Attorney General in the prosecution of fraud concerning COVID-19 unemployment insurance benefits. ( b) Membership.-- (1) In general.--The Attorney General, in consultation with the Secretary, shall appoint to the Task Force a representative from each of the following: (A) The Office of the Inspector General of the Department of Labor. ( D) The Internal Revenue Service. ( ii) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Task Force as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. (iii) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly obtained or attempted to obtain fraudulent payments of COVID-19 unemployment insurance benefits. ( iv) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. ( (C) Any challenge or impediment the Attorney General or the head of any other relevant Federal or State agency has encountered in prosecuting or otherwise penalizing such individuals, entities, or organizations. ( D) The efforts the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to recover any fraudulent payment of COVID-19 unemployment insurance benefits, and the challenges associated with such efforts. ( (d) Sunset.--The Task Force shall terminate on the later of-- (1) the date on which the Task Force submits the final report under subsection (c)(2); or (2) a specific date selected by the Attorney General, in consultation with the Secretary, that falls after the date set forth in paragraph (1). ( e) Definitions.-- (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Finance of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Ways and Means of the House of Representatives; (E) the Committee on the Judiciary of the House of Representatives; and (F) the Committee on Homeland Security of the House of Representatives. ( (a) Study.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study on unemployment insurance fraud with respect to COVID-19 unemployment insurance benefits (as defined in section 2(e)). b) Report.--Not later than 1 year after the date of enactment of this section, the Comptroller General shall submit to Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

To establish the COVID-19 Unemployment Insurance Fraud Task Force, and for other purposes. b) Membership.-- (1) In general.--The Attorney General, in consultation with the Secretary, shall appoint to the Task Force a representative from each of the following: (A) The Office of the Inspector General of the Department of Labor. ( D) The Internal Revenue Service. ( (G) The Office of the Inspector General of the Department of Homeland Security. ( J) Any other organization the Attorney General, in consultation with the Secretary, determines to be appropriate. ( (iv) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. ( D) The efforts the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to recover any fraudulent payment of COVID-19 unemployment insurance benefits, and the challenges associated with such efforts. ( (3) Disclosure of return information.--No return information (as defined in section 6103(b) of the Internal Revenue Code of 1986) may be included in a report submitted under paragraph (1) or (2), except as authorized by such section 6103. ( a) Study.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study on unemployment insurance fraud with respect to COVID-19 unemployment insurance benefits (as defined in section 2(e)). b) Report.--Not later than 1 year after the date of enactment of this section, the Comptroller General shall submit to Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

To establish the COVID-19 Unemployment Insurance Fraud Task Force, and for other purposes. COVID-19 UNEMPLOYMENT INSURANCE FRAUD TASK FORCE. ( (B) Submission of findings to attorney general.-- The Task Force shall submit to the Attorney General the Task Force's findings with respect to the investigation conducted under subparagraph (A) to assist the Attorney General in the prosecution of fraud concerning COVID-19 unemployment insurance benefits. ( b) Membership.-- (1) In general.--The Attorney General, in consultation with the Secretary, shall appoint to the Task Force a representative from each of the following: (A) The Office of the Inspector General of the Department of Labor. ( D) The Internal Revenue Service. ( ii) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Task Force as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. (iii) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly obtained or attempted to obtain fraudulent payments of COVID-19 unemployment insurance benefits. ( iv) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. ( (C) Any challenge or impediment the Attorney General or the head of any other relevant Federal or State agency has encountered in prosecuting or otherwise penalizing such individuals, entities, or organizations. ( D) The efforts the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to recover any fraudulent payment of COVID-19 unemployment insurance benefits, and the challenges associated with such efforts. ( (d) Sunset.--The Task Force shall terminate on the later of-- (1) the date on which the Task Force submits the final report under subsection (c)(2); or (2) a specific date selected by the Attorney General, in consultation with the Secretary, that falls after the date set forth in paragraph (1). ( e) Definitions.-- (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Finance of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Ways and Means of the House of Representatives; (E) the Committee on the Judiciary of the House of Representatives; and (F) the Committee on Homeland Security of the House of Representatives. ( (a) Study.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study on unemployment insurance fraud with respect to COVID-19 unemployment insurance benefits (as defined in section 2(e)). b) Report.--Not later than 1 year after the date of enactment of this section, the Comptroller General shall submit to Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

To establish the COVID-19 Unemployment Insurance Fraud Task Force, and for other purposes. b) Membership.-- (1) In general.--The Attorney General, in consultation with the Secretary, shall appoint to the Task Force a representative from each of the following: (A) The Office of the Inspector General of the Department of Labor. ( D) The Internal Revenue Service. ( (G) The Office of the Inspector General of the Department of Homeland Security. ( J) Any other organization the Attorney General, in consultation with the Secretary, determines to be appropriate. ( (iv) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. ( D) The efforts the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to recover any fraudulent payment of COVID-19 unemployment insurance benefits, and the challenges associated with such efforts. ( (3) Disclosure of return information.--No return information (as defined in section 6103(b) of the Internal Revenue Code of 1986) may be included in a report submitted under paragraph (1) or (2), except as authorized by such section 6103. ( a) Study.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study on unemployment insurance fraud with respect to COVID-19 unemployment insurance benefits (as defined in section 2(e)). b) Report.--Not later than 1 year after the date of enactment of this section, the Comptroller General shall submit to Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

To establish the COVID-19 Unemployment Insurance Fraud Task Force, and for other purposes. iii) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly obtained or attempted to obtain fraudulent payments of COVID-19 unemployment insurance benefits. ( iv) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. ( ( C) Any challenge or impediment the Attorney General or the head of any other relevant Federal or State agency has encountered in prosecuting or otherwise penalizing such individuals, entities, or organizations. ( ( e) Definitions.-- (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Finance of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Ways and Means of the House of Representatives; (E) the Committee on the Judiciary of the House of Representatives; and (F) the Committee on Homeland Security of the House of Representatives. ( ( a) Study.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study on unemployment insurance fraud with respect to COVID-19 unemployment insurance benefits (as defined in section 2(e)).

To establish the COVID-19 Unemployment Insurance Fraud Task Force, and for other purposes. b) Membership.-- (1) In general.--The Attorney General, in consultation with the Secretary, shall appoint to the Task Force a representative from each of the following: (A) The Office of the Inspector General of the Department of Labor. ( D) The Internal Revenue Service. ( (G) The Office of the Inspector General of the Department of Homeland Security. ( J) Any other organization the Attorney General, in consultation with the Secretary, determines to be appropriate. ( (iv) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. ( D) The efforts the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to recover any fraudulent payment of COVID-19 unemployment insurance benefits, and the challenges associated with such efforts. ( (3) Disclosure of return information.--No return information (as defined in section 6103(b) of the Internal Revenue Code of 1986) may be included in a report submitted under paragraph (1) or (2), except as authorized by such section 6103. ( a) Study.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study on unemployment insurance fraud with respect to COVID-19 unemployment insurance benefits (as defined in section 2(e)). b) Report.--Not later than 1 year after the date of enactment of this section, the Comptroller General shall submit to Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

To establish the COVID-19 Unemployment Insurance Fraud Task Force, and for other purposes. iii) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly obtained or attempted to obtain fraudulent payments of COVID-19 unemployment insurance benefits. ( iv) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act (Public Law 116-136) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID-19 unemployment insurance benefits, including any instance of synthetic identity theft. ( ( C) Any challenge or impediment the Attorney General or the head of any other relevant Federal or State agency has encountered in prosecuting or otherwise penalizing such individuals, entities, or organizations. ( ( e) Definitions.-- (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Finance of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Ways and Means of the House of Representatives; (E) the Committee on the Judiciary of the House of Representatives; and (F) the Committee on Homeland Security of the House of Representatives. ( ( a) Study.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study on unemployment insurance fraud with respect to COVID-19 unemployment insurance benefits (as defined in section 2(e)).

Recovering Fraudulent Claims Act - Directs the Attorney General to establish the COVID-19 Unemployment Insurance Fraud Task Force to investigate fraud with respect to the Department of Labor's (DOL's) COVID (Cooperative Adjustment and Disability Insurance for Unemployment Insurance) program. (COVID is a program of unemployment compensation for individuals who are unemployed for more than six Directs the Comptroller General to study and report to Congress on unemployment insurance fraud with respect to COVID-19 unemployment insurance benefits. (Sec. 3) Terminates the Task Force on the later of: (1) the date on which the Task force submits its final report; or (2) a specific date selected by the Attorney General, in consultation with the Secretary of

S.2556

Health

Medicare Orthotics and Prosthetics Patient-Centered Care Act This bill revises payment rules and establishes several requirements relating to coverage of orthotics and prosthetics under Medicare. Specifically, the bill requires suppliers of orthotics and prosthetics to meet certain standards with respect to licensure and accreditation, physical facilities, and liability insurance. Orthotists and prosthetists may also issue written orders for commercial purposes that meet specified standards; such orders must be signed by the treating physician. The bill also prohibits payment under Medicare for certain prosthetics and orthotics that are delivered via drop shipment (i.e., direct shipment to a beneficiary who has not received corresponding patient care from a health care practitioner).

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Orthotics and Prosthetics Patient-Centered Care Act''. SEC. 2. INCREASING PROTECTIONS FOR BENEFICIARIES RECEIVING ORTHOTIC AND PROSTHETIC CARE UNDER THE MEDICARE PROGRAM. (a) Distinguishing Orthotists and Prosthetists From Suppliers of Durable Medical Equipment and Supplies.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended-- (1) in subsection (j)(5), by striking subparagraph (C) and redesignating the subsequent subparagraphs accordingly; and (2) by adding at the end the following new subsection: ``(z) Requirements for Orthotists and Prosthetists.-- ``(1) Issuance and renewal of supplier number.-- ``(A) Payment.-- ``(i) In general.--No payment may be made under this part to an orthotic or prosthetic supplier unless such orthotic or prosthetic supplier obtains (and renews at such intervals as the Secretary may require) a supplier number. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(B) Standards for possessing a supplier number.-- An orthotic or prosthetic supplier may only obtain a supplier number if the supplier meets standards prescribed by the Secretary that include requirements that the orthotic or prosthetic supplier (and, where applicable, the orthotist or prosthetist)-- ``(i) licensure and accreditation-- ``(I) complies with all applicable State and Federal licensure and regulatory requirements; and ``(II) acquires accreditation from the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. or the Board of Certification/ Accreditation, International, or other accreditation entity that the Secretary determines has standards that are equivalent to the standards of such Boards; ``(ii) maintains a physical facility on an appropriate site; ``(iii) has proof of appropriate liability insurance; and ``(iv) meets such other requirements as the Secretary shall specify. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(2) Order for orthotics or prosthetics.-- ``(A) Information provided by orthotists and prosthetists on detailed written orders for orthotics and prosthetics.--An orthotist or prosthetist may distribute to physicians, physician assistants, nurse practitioners, clinical nurse specialists, or individuals entitled to benefits under this part, a detailed written order for orthotics or prosthetics (as defined in paragraph (5)) for commercial purposes that contains the following information: ``(i) The identification of-- ``(I) the orthotic or prosthetic supplier; and ``(II) the individual to whom the orthotics or prosthetics are furnished. ``(ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. ``(iii) A description of the orthotics or prosthetics ordered. ``(iv) The date of the order described in this subparagraph. ``(B) Information on coding and descriptors of components provided.--If an orthotist or prosthetist distributes a detailed written order for orthotics or prosthetics described in subparagraph (A), the orthotist or prosthetist shall also list on the order the summary descriptors of the items and services being recommended prior to submission of the order to the treating physician for approval. ``(C) Signature by treating physician.--A detailed written order for orthotics or prosthetics described in subparagraph (A) shall be signed by the treating physician. ``(3) Limitation on patient liability.--Except as provided in paragraph (4), if an orthotist or prosthetist-- ``(A) furnishes an orthosis or prosthesis to a beneficiary for which no payment may be made under this part; or ``(B) subject to section 1879, furnishes an orthosis or prosthesis to a beneficiary for which payment is denied under section 1862(a)(1), any expenses incurred for the orthosis or prosthesis furnished to an individual by the orthotist or prosthetist not on an assigned basis shall be the responsibility of such orthotist or prosthetist. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. The provisions of subsection (a)(18) shall apply to refunds required under the previous sentence in the same manner as such provisions apply to refunds under such subsection. ``(4) Patient liability.--If an orthotist or prosthetist furnishes an orthosis or prosthesis to a patient for which payment is denied in advance under subsection (a)(15), expenses incurred for such orthosis or prosthesis furnished to the individual by the orthotist or prosthetist shall be the responsibility of the individual. ``(5) Definitions.--In this subsection: ``(A) Detailed written order for orthotics or prosthetics.-- ``(i) In general.--The term `detailed written order for orthotics or prosthetics' means a form or other document prepared by an orthotist or prosthetist and signed by the physician (as defined by section 1861(r)) that contains information required by the Secretary to show that an orthosis or prosthesis is reasonable and necessary for the treatment of an illness or injury or to improve the functioning of a malformed body member. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(B) Orthotics and prosthetics.--The term `orthotics and prosthetics' has the meaning given that term in section 1834(h)(4)(C). ``(C) Orthotist or prosthetist.--The term `orthotist or prosthetist' means an individual who is specifically trained and educated in the provision of, and patient care management related to, prosthetics and custom-fabricated or custom-fit orthotics, and-- ``(i) in the case of a State that provides for the licensing of orthotists and prosthetists, is licensed by the State in which the orthotics or prosthetics were supplied; or ``(ii) in the case of a State that does not provide for the licensing of orthotists and prosthetists, is certified by the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. or by the Board of Certification/Accreditation, International, or is certified and approved by an entity that the Secretary determines has certification and approval standards that are essentially equivalent to the certification and approval standards of such Boards.''. (b) Prohibiting Payment for Certain Orthotics and Prosthetics.-- Section 1834(h)(1) of the Social Security Act (42 U.S.C. 1395m(h)(1)) is amended by adding at the end the following new subparagraph: ``(I) Special payment rules for orthotics or prosthetics.-- ``(i) In general.--No payment shall be made under this subsection for-- ``(I) a prosthesis (excluding prosthetic supplies) that is delivered by drop shipment; ``(II) a custom-fabricated or custom-fitted orthosis (excluding orthotic supplies) described in subparagraph (F)(ii) that is delivered by drop shipment; and ``(III) an orthotic item that is not otherwise competitively bid that is delivered by drop shipment. ``(ii) Drop shipment defined.--In this subparagraph, the term `drop shipment' means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis.''. (c) Standardizing the Definitions of Orthotics and Prosthetics.-- Section 1834(h)(4) of the Social Security Act (42 U.S.C. 1395m(h)(4)) is amended-- (1) in subparagraph (B), by striking at the end ``and''; (2) in subparagraph (C)-- (A) by striking ``the term `orthotics and prosthetics' has the meaning given such term'' and inserting ``the terms `orthotics and prosthetics' and `orthoses and prostheses' have the meaning given such terms''; and (B) by striking the period at the end and inserting ``; and''; and (3) by inserting after subparagraph (C), as amended by paragraph (2), the following new subparagraph: ``(D) the terms `prosthetics' and `prostheses' refer to a device (including the clinical services associated with such device) that replaces all or part of a limb.''. (d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(z)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. (e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act. <all>

Medicare Orthotics and Prosthetics Patient-Centered Care Act

A bill to amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes.

Medicare Orthotics and Prosthetics Patient-Centered Care Act

Sen. Warner, Mark R.

D

VA

This bill revises payment rules and establishes several requirements relating to coverage of orthotics and prosthetics under Medicare. Specifically, the bill requires suppliers of orthotics and prosthetics to meet certain standards with respect to licensure and accreditation, physical facilities, and liability insurance. Orthotists and prosthetists may also issue written orders for commercial purposes that meet specified standards; such orders must be signed by the treating physician. The bill also prohibits payment under Medicare for certain prosthetics and orthotics that are delivered via drop shipment (i.e., direct shipment to a beneficiary who has not received corresponding patient care from a health care practitioner).

This Act may be cited as the ``Medicare Orthotics and Prosthetics Patient-Centered Care Act''. 2. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. ``(iv) The date of the order described in this subparagraph. ``(4) Patient liability.--If an orthotist or prosthetist furnishes an orthosis or prosthesis to a patient for which payment is denied in advance under subsection (a)(15), expenses incurred for such orthosis or prosthesis furnished to the individual by the orthotist or prosthetist shall be the responsibility of the individual. ``(B) Orthotics and prosthetics.--The term `orthotics and prosthetics' has the meaning given that term in section 1834(h)(4)(C). ``(C) Orthotist or prosthetist.--The term `orthotist or prosthetist' means an individual who is specifically trained and educated in the provision of, and patient care management related to, prosthetics and custom-fabricated or custom-fit orthotics, and-- ``(i) in the case of a State that provides for the licensing of orthotists and prosthetists, is licensed by the State in which the orthotics or prosthetics were supplied; or ``(ii) in the case of a State that does not provide for the licensing of orthotists and prosthetists, is certified by the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. or by the Board of Certification/Accreditation, International, or is certified and approved by an entity that the Secretary determines has certification and approval standards that are essentially equivalent to the certification and approval standards of such Boards.''. 1395m(h)(1)) is amended by adding at the end the following new subparagraph: ``(I) Special payment rules for orthotics or prosthetics.-- ``(i) In general.--No payment shall be made under this subsection for-- ``(I) a prosthesis (excluding prosthetic supplies) that is delivered by drop shipment; ``(II) a custom-fabricated or custom-fitted orthosis (excluding orthotic supplies) described in subparagraph (F)(ii) that is delivered by drop shipment; and ``(III) an orthotic item that is not otherwise competitively bid that is delivered by drop shipment. (d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C.

This Act may be cited as the ``Medicare Orthotics and Prosthetics Patient-Centered Care Act''. 2. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. ``(iv) The date of the order described in this subparagraph. ``(4) Patient liability.--If an orthotist or prosthetist furnishes an orthosis or prosthesis to a patient for which payment is denied in advance under subsection (a)(15), expenses incurred for such orthosis or prosthesis furnished to the individual by the orthotist or prosthetist shall be the responsibility of the individual. ``(B) Orthotics and prosthetics.--The term `orthotics and prosthetics' has the meaning given that term in section 1834(h)(4)(C). ``(C) Orthotist or prosthetist.--The term `orthotist or prosthetist' means an individual who is specifically trained and educated in the provision of, and patient care management related to, prosthetics and custom-fabricated or custom-fit orthotics, and-- ``(i) in the case of a State that provides for the licensing of orthotists and prosthetists, is licensed by the State in which the orthotics or prosthetics were supplied; or ``(ii) in the case of a State that does not provide for the licensing of orthotists and prosthetists, is certified by the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. or by the Board of Certification/Accreditation, International, or is certified and approved by an entity that the Secretary determines has certification and approval standards that are essentially equivalent to the certification and approval standards of such Boards.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Orthotics and Prosthetics Patient-Centered Care Act''. SEC. 2. INCREASING PROTECTIONS FOR BENEFICIARIES RECEIVING ORTHOTIC AND PROSTHETIC CARE UNDER THE MEDICARE PROGRAM. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. ``(iv) The date of the order described in this subparagraph. ``(B) Information on coding and descriptors of components provided.--If an orthotist or prosthetist distributes a detailed written order for orthotics or prosthetics described in subparagraph (A), the orthotist or prosthetist shall also list on the order the summary descriptors of the items and services being recommended prior to submission of the order to the treating physician for approval. The provisions of subsection (a)(18) shall apply to refunds required under the previous sentence in the same manner as such provisions apply to refunds under such subsection. ``(4) Patient liability.--If an orthotist or prosthetist furnishes an orthosis or prosthesis to a patient for which payment is denied in advance under subsection (a)(15), expenses incurred for such orthosis or prosthesis furnished to the individual by the orthotist or prosthetist shall be the responsibility of the individual. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(B) Orthotics and prosthetics.--The term `orthotics and prosthetics' has the meaning given that term in section 1834(h)(4)(C). ``(C) Orthotist or prosthetist.--The term `orthotist or prosthetist' means an individual who is specifically trained and educated in the provision of, and patient care management related to, prosthetics and custom-fabricated or custom-fit orthotics, and-- ``(i) in the case of a State that provides for the licensing of orthotists and prosthetists, is licensed by the State in which the orthotics or prosthetics were supplied; or ``(ii) in the case of a State that does not provide for the licensing of orthotists and prosthetists, is certified by the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. or by the Board of Certification/Accreditation, International, or is certified and approved by an entity that the Secretary determines has certification and approval standards that are essentially equivalent to the certification and approval standards of such Boards.''. 1395m(h)(1)) is amended by adding at the end the following new subparagraph: ``(I) Special payment rules for orthotics or prosthetics.-- ``(i) In general.--No payment shall be made under this subsection for-- ``(I) a prosthesis (excluding prosthetic supplies) that is delivered by drop shipment; ``(II) a custom-fabricated or custom-fitted orthosis (excluding orthotic supplies) described in subparagraph (F)(ii) that is delivered by drop shipment; and ``(III) an orthotic item that is not otherwise competitively bid that is delivered by drop shipment. (d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(z)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. (e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Orthotics and Prosthetics Patient-Centered Care Act''. SEC. 2. INCREASING PROTECTIONS FOR BENEFICIARIES RECEIVING ORTHOTIC AND PROSTHETIC CARE UNDER THE MEDICARE PROGRAM. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(B) Standards for possessing a supplier number.-- An orthotic or prosthetic supplier may only obtain a supplier number if the supplier meets standards prescribed by the Secretary that include requirements that the orthotic or prosthetic supplier (and, where applicable, the orthotist or prosthetist)-- ``(i) licensure and accreditation-- ``(I) complies with all applicable State and Federal licensure and regulatory requirements; and ``(II) acquires accreditation from the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. or the Board of Certification/ Accreditation, International, or other accreditation entity that the Secretary determines has standards that are equivalent to the standards of such Boards; ``(ii) maintains a physical facility on an appropriate site; ``(iii) has proof of appropriate liability insurance; and ``(iv) meets such other requirements as the Secretary shall specify. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. ``(iii) A description of the orthotics or prosthetics ordered. ``(iv) The date of the order described in this subparagraph. ``(B) Information on coding and descriptors of components provided.--If an orthotist or prosthetist distributes a detailed written order for orthotics or prosthetics described in subparagraph (A), the orthotist or prosthetist shall also list on the order the summary descriptors of the items and services being recommended prior to submission of the order to the treating physician for approval. The provisions of subsection (a)(18) shall apply to refunds required under the previous sentence in the same manner as such provisions apply to refunds under such subsection. ``(4) Patient liability.--If an orthotist or prosthetist furnishes an orthosis or prosthesis to a patient for which payment is denied in advance under subsection (a)(15), expenses incurred for such orthosis or prosthesis furnished to the individual by the orthotist or prosthetist shall be the responsibility of the individual. ``(5) Definitions.--In this subsection: ``(A) Detailed written order for orthotics or prosthetics.-- ``(i) In general.--The term `detailed written order for orthotics or prosthetics' means a form or other document prepared by an orthotist or prosthetist and signed by the physician (as defined by section 1861(r)) that contains information required by the Secretary to show that an orthosis or prosthesis is reasonable and necessary for the treatment of an illness or injury or to improve the functioning of a malformed body member. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(B) Orthotics and prosthetics.--The term `orthotics and prosthetics' has the meaning given that term in section 1834(h)(4)(C). ``(C) Orthotist or prosthetist.--The term `orthotist or prosthetist' means an individual who is specifically trained and educated in the provision of, and patient care management related to, prosthetics and custom-fabricated or custom-fit orthotics, and-- ``(i) in the case of a State that provides for the licensing of orthotists and prosthetists, is licensed by the State in which the orthotics or prosthetics were supplied; or ``(ii) in the case of a State that does not provide for the licensing of orthotists and prosthetists, is certified by the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. or by the Board of Certification/Accreditation, International, or is certified and approved by an entity that the Secretary determines has certification and approval standards that are essentially equivalent to the certification and approval standards of such Boards.''. 1395m(h)(1)) is amended by adding at the end the following new subparagraph: ``(I) Special payment rules for orthotics or prosthetics.-- ``(i) In general.--No payment shall be made under this subsection for-- ``(I) a prosthesis (excluding prosthetic supplies) that is delivered by drop shipment; ``(II) a custom-fabricated or custom-fitted orthosis (excluding orthotic supplies) described in subparagraph (F)(ii) that is delivered by drop shipment; and ``(III) an orthotic item that is not otherwise competitively bid that is delivered by drop shipment. (d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(z)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. (e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. ``(iii) A description of the orthotics or prosthetics ordered. ``(3) Limitation on patient liability.--Except as provided in paragraph (4), if an orthotist or prosthetist-- ``(A) furnishes an orthosis or prosthesis to a beneficiary for which no payment may be made under this part; or ``(B) subject to section 1879, furnishes an orthosis or prosthesis to a beneficiary for which payment is denied under section 1862(a)(1), any expenses incurred for the orthosis or prosthesis furnished to an individual by the orthotist or prosthetist not on an assigned basis shall be the responsibility of such orthotist or prosthetist. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(5) Definitions.--In this subsection: ``(A) Detailed written order for orthotics or prosthetics.-- ``(i) In general.--The term `detailed written order for orthotics or prosthetics' means a form or other document prepared by an orthotist or prosthetist and signed by the physician (as defined by section 1861(r)) that contains information required by the Secretary to show that an orthosis or prosthesis is reasonable and necessary for the treatment of an illness or injury or to improve the functioning of a malformed body member. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(ii) Drop shipment defined.--In this subparagraph, the term `drop shipment' means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis.''. ( d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(z)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(iv) The date of the order described in this subparagraph. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(ii) Drop shipment defined.--In this subparagraph, the term `drop shipment' means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis.''. ( c) Standardizing the Definitions of Orthotics and Prosthetics.-- Section 1834(h)(4) of the Social Security Act (42 U.S.C. d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(z)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(iv) The date of the order described in this subparagraph. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(ii) Drop shipment defined.--In this subparagraph, the term `drop shipment' means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis.''. ( c) Standardizing the Definitions of Orthotics and Prosthetics.-- Section 1834(h)(4) of the Social Security Act (42 U.S.C. d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(z)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. ``(iii) A description of the orthotics or prosthetics ordered. ``(3) Limitation on patient liability.--Except as provided in paragraph (4), if an orthotist or prosthetist-- ``(A) furnishes an orthosis or prosthesis to a beneficiary for which no payment may be made under this part; or ``(B) subject to section 1879, furnishes an orthosis or prosthesis to a beneficiary for which payment is denied under section 1862(a)(1), any expenses incurred for the orthosis or prosthesis furnished to an individual by the orthotist or prosthetist not on an assigned basis shall be the responsibility of such orthotist or prosthetist. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(5) Definitions.--In this subsection: ``(A) Detailed written order for orthotics or prosthetics.-- ``(i) In general.--The term `detailed written order for orthotics or prosthetics' means a form or other document prepared by an orthotist or prosthetist and signed by the physician (as defined by section 1861(r)) that contains information required by the Secretary to show that an orthosis or prosthesis is reasonable and necessary for the treatment of an illness or injury or to improve the functioning of a malformed body member. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(ii) Drop shipment defined.--In this subparagraph, the term `drop shipment' means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis.''. ( d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(z)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(iv) The date of the order described in this subparagraph. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(ii) Drop shipment defined.--In this subparagraph, the term `drop shipment' means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis.''. ( c) Standardizing the Definitions of Orthotics and Prosthetics.-- Section 1834(h)(4) of the Social Security Act (42 U.S.C. d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(z)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. ``(iii) A description of the orthotics or prosthetics ordered. ``(3) Limitation on patient liability.--Except as provided in paragraph (4), if an orthotist or prosthetist-- ``(A) furnishes an orthosis or prosthesis to a beneficiary for which no payment may be made under this part; or ``(B) subject to section 1879, furnishes an orthosis or prosthesis to a beneficiary for which payment is denied under section 1862(a)(1), any expenses incurred for the orthosis or prosthesis furnished to an individual by the orthotist or prosthetist not on an assigned basis shall be the responsibility of such orthotist or prosthetist. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(5) Definitions.--In this subsection: ``(A) Detailed written order for orthotics or prosthetics.-- ``(i) In general.--The term `detailed written order for orthotics or prosthetics' means a form or other document prepared by an orthotist or prosthetist and signed by the physician (as defined by section 1861(r)) that contains information required by the Secretary to show that an orthosis or prosthesis is reasonable and necessary for the treatment of an illness or injury or to improve the functioning of a malformed body member. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(ii) Drop shipment defined.--In this subparagraph, the term `drop shipment' means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis.''. ( d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(z)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(iv) The date of the order described in this subparagraph. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(ii) Drop shipment defined.--In this subparagraph, the term `drop shipment' means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis.''. ( c) Standardizing the Definitions of Orthotics and Prosthetics.-- Section 1834(h)(4) of the Social Security Act (42 U.S.C. d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(z)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(z)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(z)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(z)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

Medicare Orthotics and Prosthetics Patient-Centered Care Act - Amends title XVIII (Medicare) of the Social Security Act to prohibit payment under part A (Supplementary Medical Insurance) of such Act to an orthotic or prosthetic supplier unless such supplier obtains (and renews at such intervals as the Secretary of Health and Human Services may require) a supplier Amends title XVIII (Medicare) of the Social Security Act to prohibit payment for orthotics or prosthetics delivered by drop shipment. (Currently, such payment is limited to orthotics and prostheses that are not otherwise competitively bid.) (Sec. XIX (Medicaid) is amended to require the Secretary of Health and Human Services to promulgate final regulations to implement

H.R.5963

Health

Provider Relief Fund Improvement Act This bill extends deadlines, expands the uses of, and makes other changes pertaining to the Provider Relief Fund. The fund reimburses health care providers for increased expenses or lost revenue attributable to COVID-19. Specifically, the bill extends the deadline by which providers must use any reimbursements they received in 2020 from the fund to the end of the COVID-19 emergency. Providers must use reimbursements received in the first half of 2021 by the end of the emergency or June 30, 2022, whichever is later. Additionally, the Department of Health and Human Services must distribute the remaining provider relief funds by March 31, 2022. Providers must use these funds by June 30, 2023. The bill also allows the use of the funds for workplace safety activities, such as hiring additional security personnel.

To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief 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 ``Provider Relief Fund Improvement Act''. SEC. 2. COVID-19 PROVIDER RELIEF FUND IMPROVEMENTS. (a) Findings.--Congress makes the following findings: (1) The most recent distribution made from the Provider Relief Fund to eligible health care providers began in 2020. (2) No distributions from the Provider Relief Fund have been made or announced to account for the surge in COVID-19 cases caused by the Delta variant. (3) That surge, at its peak, saw 7-day averages of about 175,000 daily COVID-19 cases, over 100,000 daily hospitalized patients, and almost 2,100 daily deaths in the United States. (4) The COVID-19 pandemic, and the Delta variant surge in particular, has taken a heavy toll on our frontline health care heroes, who have been on the front lines of the pandemic for over a full year and a half, with many suffering from trauma, burnout, and increased behavioral health challenges. (5) Many hospitals have experienced critical staffing and infrastructure issues due to the surge demands of very ill patients infected with the Delta variant of COVID-19, forcing some to make difficult patient care choices, such as postponing non-emergent surgeries or transferring certain patients, including children and expectant mothers, to other hospitals. (6) These challenges are being exacerbated by threats of violence against hospitals and their workforce, so much so that a domestic terror alert has been issued for health care facilities. (7) COVID-19-related expenses are skyrocketing, as demonstrated in a recent study showing that hospitals and health systems are paying $24,000,000,000 more per year for qualified clinical labor than they did before the beginning of the COVID-19 pandemic. (8) Hospitals and other eligible health care providers need additional funding, and continued access to Provider Relief Fund funding already received, to prevent, prepare for, and respond COVID-19, as intended under the law, and to protect their facilities and workforce. (b) Extension of Deadline for Eligible Health Care Providers To Use Certain Funds Received From the COVID-19 Provider Relief Fund.-- (1) Payment received periods 1 and 2.--Effective June 29, 2021, the deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during a covered payment received period is extended until the end of the COVID- 19 emergency period. (2) Adjustment of reporting time period.--The Secretary shall make appropriate adjustments to the reporting time period (as specified in the Provider Relief Fund guidance) that corresponds to a covered payment received period to reflect the extension of the applicable deadline under paragraph (1). (3) Refund of amounts returned to prf.--Not later than 30 days after the date of the enactment of this section, the Secretary shall reimburse an eligible health care provider the total amount of payments such eligible health care provider returned to the Secretary by reason of the deadline referred to in paragraph (1). (4) Modification of deadline for period 3.--The deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during the Payment Received Period referred to in the Provider Relief Fund Guidance as the Period 3 specified in table 1 of such guidance (beginning on January 1, 2021, and ending on June 30, 2021) shall be the later of-- (A) the end of the COVID-19 emergency period; or (B) June 30, 2022. (c) Requirement To Distribute Remaining COVID-19 Provider Relief Funds by March 31, 2022.-- (1) Requirement for distributions.-- (A) In general.--Not later than March 31, 2022, the Secretary shall distribute to eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus, any remaining funds appropriated to the Provider Relief Fund as of the date of the enactment of this section for reimbursements. (B) Deadline to use funds.--The deadline by which an eligible health care provider is required to use reimbursements received pursuant to subparagraph (A) is June 30, 2023. (2) Accounting for health care related expenses or lost revenues in the second, third, and fourth quarters of 2021.-- Notwithstanding any other provision of law, distributions made under paragraph (1) to eligible health care providers shall account for financial losses and changes in operating expenses occurring in the second, third, or fourth quarter of calendar year 2021, that are attributable to coronavirus. (d) Clarification of Use of Funds for Workplace Safety and Security.-- (1) In general.--Funds appropriated to the Provider Relief Fund for eligible health care providers and funds appropriated under section 1150C of the Social Security Act (42 U.S.C. 1320b-26) for eligible health care providers (as defined in subsection (e)(1) of such section) before, on or after the date of the enactment of this section may be used to reimburse an eligible health care provider for expenses incurred by the eligible health care provider for measures taken to establish or improve the security of the workplace of such eligible health care provider and improve the safety of personnel of such eligible health care provider present at such workplace. (2) Additional clarification of permissible expenses.-- Expenses for workplace security and safety of personnel of an eligible health care provider described in paragraph (1) shall include the following: (A) Mitigation of risk of violence at the workplace of such eligible health care provider, including the employment of additional security personnel, conduct of risk assessment activities, implementation of response plans, implementation of small-scale changes to physical plant (such as the addition of more secure locks, the use of key card access, altering ingress and egress points, and the installation of additional security cameras), and staff education and training. (B) Measures to prevent violence at the workplace and against personnel of such eligible health care provider, including education and training of personnel on de-escalation protocols and installation of panic buttons and other similar, required equipment. (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). (e) Definitions.--In this section: (1) Coronavirus.--The term ``coronavirus'' means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) or another coronavirus with pandemic potential. (2) Covered payment received period.--The term ``covered payment received period'' means, with respect to Payment Received Periods referred to in the Provider Relief Fund Guidance-- (A) the ``Period 1'' specified in table 1 of such guidance (beginning on April 10, 2020, and ending on June 30, 2020); and (B) the ``Period 2'' specified in such table (beginning on July 1, 2020, and ending on December 31, 2020). (3) COVID-19 emergency period.--The term ``COVID-19 emergency period'' means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)). (4) Eligible health care provider.--The term ``eligible health care provider'' has the meaning given such term in the third proviso of the third paragraph under the heading ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' in division B of the CARES Act (Public Law 116-136). (5) Provider relief fund.--The term ``Provider Relief Fund'' means the funding appropriated to prevent, prepare for, and respond to coronavirus, domestically or internationally, for necessary expenses to reimburse, through grants or other mechanisms, eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus for which appropriations are made under-- (A) the third paragraph under the heading ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' in division B of the CARES Act (Public Law 116-136); (B) the first paragraph under the heading ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' in division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139); and (C) the third paragraph under the heading ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of the Consolidated Appropriations Act, 2021 (Public Law 116-260)). (6) Provider relief fund guidance.--The term ``Provider Relief Fund Guidance'' refers to the guidance entitled ``Provider Relief Fund General and Targeted Distribution Post- Payment Notice of Reporting Requirements'' issued by the Secretary of Health and Human Services on June 11, 2021. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration. <all>

Provider Relief Fund Improvement Act

To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief Fund, and for other purposes.

Provider Relief Fund Improvement Act

Rep. Spanberger, Abigail Davis

D

VA

This bill extends deadlines, expands the uses of, and makes other changes pertaining to the Provider Relief Fund. The fund reimburses health care providers for increased expenses or lost revenue attributable to COVID-19. Specifically, the bill extends the deadline by which providers must use any reimbursements they received in 2020 from the fund to the end of the COVID-19 emergency. Providers must use reimbursements received in the first half of 2021 by the end of the emergency or June 30, 2022, whichever is later. Additionally, the Department of Health and Human Services must distribute the remaining provider relief funds by March 31, 2022. Providers must use these funds by June 30, 2023. The bill also allows the use of the funds for workplace safety activities, such as hiring additional security personnel.

To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief Fund, and for other purposes. 2. (3) That surge, at its peak, saw 7-day averages of about 175,000 daily COVID-19 cases, over 100,000 daily hospitalized patients, and almost 2,100 daily deaths in the United States. (6) These challenges are being exacerbated by threats of violence against hospitals and their workforce, so much so that a domestic terror alert has been issued for health care facilities. (B) Deadline to use funds.--The deadline by which an eligible health care provider is required to use reimbursements received pursuant to subparagraph (A) is June 30, 2023. (2) Accounting for health care related expenses or lost revenues in the second, third, and fourth quarters of 2021.-- Notwithstanding any other provision of law, distributions made under paragraph (1) to eligible health care providers shall account for financial losses and changes in operating expenses occurring in the second, third, or fourth quarter of calendar year 2021, that are attributable to coronavirus. (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). (2) Covered payment received period.--The term ``covered payment received period'' means, with respect to Payment Received Periods referred to in the Provider Relief Fund Guidance-- (A) the ``Period 1'' specified in table 1 of such guidance (beginning on April 10, 2020, and ending on June 30, 2020); and (B) the ``Period 2'' specified in such table (beginning on July 1, 2020, and ending on December 31, 2020). (3) COVID-19 emergency period.--The term ``COVID-19 emergency period'' means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration.

To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief Fund, and for other purposes. 2. (3) That surge, at its peak, saw 7-day averages of about 175,000 daily COVID-19 cases, over 100,000 daily hospitalized patients, and almost 2,100 daily deaths in the United States. (6) These challenges are being exacerbated by threats of violence against hospitals and their workforce, so much so that a domestic terror alert has been issued for health care facilities. (B) Deadline to use funds.--The deadline by which an eligible health care provider is required to use reimbursements received pursuant to subparagraph (A) is June 30, 2023. (2) Accounting for health care related expenses or lost revenues in the second, third, and fourth quarters of 2021.-- Notwithstanding any other provision of law, distributions made under paragraph (1) to eligible health care providers shall account for financial losses and changes in operating expenses occurring in the second, third, or fourth quarter of calendar year 2021, that are attributable to coronavirus. (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). (2) Covered payment received period.--The term ``covered payment received period'' means, with respect to Payment Received Periods referred to in the Provider Relief Fund Guidance-- (A) the ``Period 1'' specified in table 1 of such guidance (beginning on April 10, 2020, and ending on June 30, 2020); and (B) the ``Period 2'' specified in such table (beginning on July 1, 2020, and ending on December 31, 2020). (3) COVID-19 emergency period.--The term ``COVID-19 emergency period'' means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration.

To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief Fund, and for other purposes. SHORT TITLE. SEC. 2. (3) That surge, at its peak, saw 7-day averages of about 175,000 daily COVID-19 cases, over 100,000 daily hospitalized patients, and almost 2,100 daily deaths in the United States. (4) The COVID-19 pandemic, and the Delta variant surge in particular, has taken a heavy toll on our frontline health care heroes, who have been on the front lines of the pandemic for over a full year and a half, with many suffering from trauma, burnout, and increased behavioral health challenges. (6) These challenges are being exacerbated by threats of violence against hospitals and their workforce, so much so that a domestic terror alert has been issued for health care facilities. (B) Deadline to use funds.--The deadline by which an eligible health care provider is required to use reimbursements received pursuant to subparagraph (A) is June 30, 2023. (2) Accounting for health care related expenses or lost revenues in the second, third, and fourth quarters of 2021.-- Notwithstanding any other provision of law, distributions made under paragraph (1) to eligible health care providers shall account for financial losses and changes in operating expenses occurring in the second, third, or fourth quarter of calendar year 2021, that are attributable to coronavirus. (2) Additional clarification of permissible expenses.-- Expenses for workplace security and safety of personnel of an eligible health care provider described in paragraph (1) shall include the following: (A) Mitigation of risk of violence at the workplace of such eligible health care provider, including the employment of additional security personnel, conduct of risk assessment activities, implementation of response plans, implementation of small-scale changes to physical plant (such as the addition of more secure locks, the use of key card access, altering ingress and egress points, and the installation of additional security cameras), and staff education and training. (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). (2) Covered payment received period.--The term ``covered payment received period'' means, with respect to Payment Received Periods referred to in the Provider Relief Fund Guidance-- (A) the ``Period 1'' specified in table 1 of such guidance (beginning on April 10, 2020, and ending on June 30, 2020); and (B) the ``Period 2'' specified in such table (beginning on July 1, 2020, and ending on December 31, 2020). (3) COVID-19 emergency period.--The term ``COVID-19 emergency period'' means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. (5) Provider relief fund.--The term ``Provider Relief Fund'' means the funding appropriated to prevent, prepare for, and respond to coronavirus, domestically or internationally, for necessary expenses to reimburse, through grants or other mechanisms, eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus for which appropriations are made under-- (A) the third paragraph under the heading ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' in division B of the CARES Act (Public Law 116-136); (B) the first paragraph under the heading ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' in division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139); and (C) the third paragraph under the heading ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of the Consolidated Appropriations Act, 2021 (Public Law 116-260)). (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration.

To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief 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. SEC. 2. (3) That surge, at its peak, saw 7-day averages of about 175,000 daily COVID-19 cases, over 100,000 daily hospitalized patients, and almost 2,100 daily deaths in the United States. (4) The COVID-19 pandemic, and the Delta variant surge in particular, has taken a heavy toll on our frontline health care heroes, who have been on the front lines of the pandemic for over a full year and a half, with many suffering from trauma, burnout, and increased behavioral health challenges. (5) Many hospitals have experienced critical staffing and infrastructure issues due to the surge demands of very ill patients infected with the Delta variant of COVID-19, forcing some to make difficult patient care choices, such as postponing non-emergent surgeries or transferring certain patients, including children and expectant mothers, to other hospitals. (6) These challenges are being exacerbated by threats of violence against hospitals and their workforce, so much so that a domestic terror alert has been issued for health care facilities. (7) COVID-19-related expenses are skyrocketing, as demonstrated in a recent study showing that hospitals and health systems are paying $24,000,000,000 more per year for qualified clinical labor than they did before the beginning of the COVID-19 pandemic. (2) Adjustment of reporting time period.--The Secretary shall make appropriate adjustments to the reporting time period (as specified in the Provider Relief Fund guidance) that corresponds to a covered payment received period to reflect the extension of the applicable deadline under paragraph (1). (c) Requirement To Distribute Remaining COVID-19 Provider Relief Funds by March 31, 2022.-- (1) Requirement for distributions.-- (A) In general.--Not later than March 31, 2022, the Secretary shall distribute to eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus, any remaining funds appropriated to the Provider Relief Fund as of the date of the enactment of this section for reimbursements. (B) Deadline to use funds.--The deadline by which an eligible health care provider is required to use reimbursements received pursuant to subparagraph (A) is June 30, 2023. (2) Accounting for health care related expenses or lost revenues in the second, third, and fourth quarters of 2021.-- Notwithstanding any other provision of law, distributions made under paragraph (1) to eligible health care providers shall account for financial losses and changes in operating expenses occurring in the second, third, or fourth quarter of calendar year 2021, that are attributable to coronavirus. (2) Additional clarification of permissible expenses.-- Expenses for workplace security and safety of personnel of an eligible health care provider described in paragraph (1) shall include the following: (A) Mitigation of risk of violence at the workplace of such eligible health care provider, including the employment of additional security personnel, conduct of risk assessment activities, implementation of response plans, implementation of small-scale changes to physical plant (such as the addition of more secure locks, the use of key card access, altering ingress and egress points, and the installation of additional security cameras), and staff education and training. (B) Measures to prevent violence at the workplace and against personnel of such eligible health care provider, including education and training of personnel on de-escalation protocols and installation of panic buttons and other similar, required equipment. (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). (e) Definitions.--In this section: (1) Coronavirus.--The term ``coronavirus'' means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) or another coronavirus with pandemic potential. (2) Covered payment received period.--The term ``covered payment received period'' means, with respect to Payment Received Periods referred to in the Provider Relief Fund Guidance-- (A) the ``Period 1'' specified in table 1 of such guidance (beginning on April 10, 2020, and ending on June 30, 2020); and (B) the ``Period 2'' specified in such table (beginning on July 1, 2020, and ending on December 31, 2020). (3) COVID-19 emergency period.--The term ``COVID-19 emergency period'' means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)). (5) Provider relief fund.--The term ``Provider Relief Fund'' means the funding appropriated to prevent, prepare for, and respond to coronavirus, domestically or internationally, for necessary expenses to reimburse, through grants or other mechanisms, eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus for which appropriations are made under-- (A) the third paragraph under the heading ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' in division B of the CARES Act (Public Law 116-136); (B) the first paragraph under the heading ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' in division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139); and (C) the third paragraph under the heading ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of the Consolidated Appropriations Act, 2021 (Public Law 116-260)). (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration.

To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief Fund, and for other purposes. 3) That surge, at its peak, saw 7-day averages of about 175,000 daily COVID-19 cases, over 100,000 daily hospitalized patients, and almost 2,100 daily deaths in the United States. ( (5) Many hospitals have experienced critical staffing and infrastructure issues due to the surge demands of very ill patients infected with the Delta variant of COVID-19, forcing some to make difficult patient care choices, such as postponing non-emergent surgeries or transferring certain patients, including children and expectant mothers, to other hospitals. ( 7) COVID-19-related expenses are skyrocketing, as demonstrated in a recent study showing that hospitals and health systems are paying $24,000,000,000 more per year for qualified clinical labor than they did before the beginning of the COVID-19 pandemic. ( (2) Adjustment of reporting time period.--The Secretary shall make appropriate adjustments to the reporting time period (as specified in the Provider Relief Fund guidance) that corresponds to a covered payment received period to reflect the extension of the applicable deadline under paragraph (1). ( 3) Refund of amounts returned to prf.--Not later than 30 days after the date of the enactment of this section, the Secretary shall reimburse an eligible health care provider the total amount of payments such eligible health care provider returned to the Secretary by reason of the deadline referred to in paragraph (1). ( (c) Requirement To Distribute Remaining COVID-19 Provider Relief Funds by March 31, 2022.-- (1) Requirement for distributions.-- (A) In general.--Not later than March 31, 2022, the Secretary shall distribute to eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus, any remaining funds appropriated to the Provider Relief Fund as of the date of the enactment of this section for reimbursements. ( B) Deadline to use funds.--The deadline by which an eligible health care provider is required to use reimbursements received pursuant to subparagraph (A) is June 30, 2023. ( 1320b-26) for eligible health care providers (as defined in subsection (e)(1) of such section) before, on or after the date of the enactment of this section may be used to reimburse an eligible health care provider for expenses incurred by the eligible health care provider for measures taken to establish or improve the security of the workplace of such eligible health care provider and improve the safety of personnel of such eligible health care provider present at such workplace. ( B) Measures to prevent violence at the workplace and against personnel of such eligible health care provider, including education and training of personnel on de-escalation protocols and installation of panic buttons and other similar, required equipment. (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). ( 3) COVID-19 emergency period.--The term ``COVID-19 emergency period'' means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)). ( 6) Provider relief fund guidance.--The term ``Provider Relief Fund Guidance'' refers to the guidance entitled ``Provider Relief Fund General and Targeted Distribution Post- Payment Notice of Reporting Requirements'' issued by the Secretary of Health and Human Services on June 11, 2021. ( 7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration.

To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief Fund, and for other purposes. COVID-19 PROVIDER RELIEF FUND IMPROVEMENTS. ( 4) The COVID-19 pandemic, and the Delta variant surge in particular, has taken a heavy toll on our frontline health care heroes, who have been on the front lines of the pandemic for over a full year and a half, with many suffering from trauma, burnout, and increased behavioral health challenges. ( (b) Extension of Deadline for Eligible Health Care Providers To Use Certain Funds Received From the COVID-19 Provider Relief Fund.-- (1) Payment received periods 1 and 2.--Effective June 29, 2021, the deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during a covered payment received period is extended until the end of the COVID- 19 emergency period. ( 4) Modification of deadline for period 3.--The deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during the Payment Received Period referred to in the Provider Relief Fund Guidance as the Period 3 specified in table 1 of such guidance (beginning on January 1, 2021, and ending on June 30, 2021) shall be the later of-- (A) the end of the COVID-19 emergency period; or (B) June 30, 2022. ( (2) Accounting for health care related expenses or lost revenues in the second, third, and fourth quarters of 2021.-- Notwithstanding any other provision of law, distributions made under paragraph (1) to eligible health care providers shall account for financial losses and changes in operating expenses occurring in the second, third, or fourth quarter of calendar year 2021, that are attributable to coronavirus. ( B) Measures to prevent violence at the workplace and against personnel of such eligible health care provider, including education and training of personnel on de-escalation protocols and installation of panic buttons and other similar, required equipment. (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). ( 3) COVID-19 emergency period.--The term ``COVID-19 emergency period'' means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)). ( 6) Provider relief fund guidance.--The term ``Provider Relief Fund Guidance'' refers to the guidance entitled ``Provider Relief Fund General and Targeted Distribution Post- Payment Notice of Reporting Requirements'' issued by the Secretary of Health and Human Services on June 11, 2021. ( 7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration.

To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief Fund, and for other purposes. COVID-19 PROVIDER RELIEF FUND IMPROVEMENTS. ( 4) The COVID-19 pandemic, and the Delta variant surge in particular, has taken a heavy toll on our frontline health care heroes, who have been on the front lines of the pandemic for over a full year and a half, with many suffering from trauma, burnout, and increased behavioral health challenges. ( (b) Extension of Deadline for Eligible Health Care Providers To Use Certain Funds Received From the COVID-19 Provider Relief Fund.-- (1) Payment received periods 1 and 2.--Effective June 29, 2021, the deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during a covered payment received period is extended until the end of the COVID- 19 emergency period. ( 4) Modification of deadline for period 3.--The deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during the Payment Received Period referred to in the Provider Relief Fund Guidance as the Period 3 specified in table 1 of such guidance (beginning on January 1, 2021, and ending on June 30, 2021) shall be the later of-- (A) the end of the COVID-19 emergency period; or (B) June 30, 2022. ( (2) Accounting for health care related expenses or lost revenues in the second, third, and fourth quarters of 2021.-- Notwithstanding any other provision of law, distributions made under paragraph (1) to eligible health care providers shall account for financial losses and changes in operating expenses occurring in the second, third, or fourth quarter of calendar year 2021, that are attributable to coronavirus. ( B) Measures to prevent violence at the workplace and against personnel of such eligible health care provider, including education and training of personnel on de-escalation protocols and installation of panic buttons and other similar, required equipment. (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). ( 3) COVID-19 emergency period.--The term ``COVID-19 emergency period'' means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)). ( 6) Provider relief fund guidance.--The term ``Provider Relief Fund Guidance'' refers to the guidance entitled ``Provider Relief Fund General and Targeted Distribution Post- Payment Notice of Reporting Requirements'' issued by the Secretary of Health and Human Services on June 11, 2021. ( 7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration.

To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief Fund, and for other purposes. 3) That surge, at its peak, saw 7-day averages of about 175,000 daily COVID-19 cases, over 100,000 daily hospitalized patients, and almost 2,100 daily deaths in the United States. ( (5) Many hospitals have experienced critical staffing and infrastructure issues due to the surge demands of very ill patients infected with the Delta variant of COVID-19, forcing some to make difficult patient care choices, such as postponing non-emergent surgeries or transferring certain patients, including children and expectant mothers, to other hospitals. ( 7) COVID-19-related expenses are skyrocketing, as demonstrated in a recent study showing that hospitals and health systems are paying $24,000,000,000 more per year for qualified clinical labor than they did before the beginning of the COVID-19 pandemic. ( (2) Adjustment of reporting time period.--The Secretary shall make appropriate adjustments to the reporting time period (as specified in the Provider Relief Fund guidance) that corresponds to a covered payment received period to reflect the extension of the applicable deadline under paragraph (1). ( 3) Refund of amounts returned to prf.--Not later than 30 days after the date of the enactment of this section, the Secretary shall reimburse an eligible health care provider the total amount of payments such eligible health care provider returned to the Secretary by reason of the deadline referred to in paragraph (1). ( (c) Requirement To Distribute Remaining COVID-19 Provider Relief Funds by March 31, 2022.-- (1) Requirement for distributions.-- (A) In general.--Not later than March 31, 2022, the Secretary shall distribute to eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus, any remaining funds appropriated to the Provider Relief Fund as of the date of the enactment of this section for reimbursements. ( B) Deadline to use funds.--The deadline by which an eligible health care provider is required to use reimbursements received pursuant to subparagraph (A) is June 30, 2023. ( 1320b-26) for eligible health care providers (as defined in subsection (e)(1) of such section) before, on or after the date of the enactment of this section may be used to reimburse an eligible health care provider for expenses incurred by the eligible health care provider for measures taken to establish or improve the security of the workplace of such eligible health care provider and improve the safety of personnel of such eligible health care provider present at such workplace. ( B) Measures to prevent violence at the workplace and against personnel of such eligible health care provider, including education and training of personnel on de-escalation protocols and installation of panic buttons and other similar, required equipment. (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). ( 3) COVID-19 emergency period.--The term ``COVID-19 emergency period'' means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)). ( 6) Provider relief fund guidance.--The term ``Provider Relief Fund Guidance'' refers to the guidance entitled ``Provider Relief Fund General and Targeted Distribution Post- Payment Notice of Reporting Requirements'' issued by the Secretary of Health and Human Services on June 11, 2021. ( 7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration.

To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief Fund, and for other purposes. COVID-19 PROVIDER RELIEF FUND IMPROVEMENTS. ( 4) The COVID-19 pandemic, and the Delta variant surge in particular, has taken a heavy toll on our frontline health care heroes, who have been on the front lines of the pandemic for over a full year and a half, with many suffering from trauma, burnout, and increased behavioral health challenges. ( (b) Extension of Deadline for Eligible Health Care Providers To Use Certain Funds Received From the COVID-19 Provider Relief Fund.-- (1) Payment received periods 1 and 2.--Effective June 29, 2021, the deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during a covered payment received period is extended until the end of the COVID- 19 emergency period. ( 4) Modification of deadline for period 3.--The deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during the Payment Received Period referred to in the Provider Relief Fund Guidance as the Period 3 specified in table 1 of such guidance (beginning on January 1, 2021, and ending on June 30, 2021) shall be the later of-- (A) the end of the COVID-19 emergency period; or (B) June 30, 2022. ( (2) Accounting for health care related expenses or lost revenues in the second, third, and fourth quarters of 2021.-- Notwithstanding any other provision of law, distributions made under paragraph (1) to eligible health care providers shall account for financial losses and changes in operating expenses occurring in the second, third, or fourth quarter of calendar year 2021, that are attributable to coronavirus. ( B) Measures to prevent violence at the workplace and against personnel of such eligible health care provider, including education and training of personnel on de-escalation protocols and installation of panic buttons and other similar, required equipment. (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). ( 3) COVID-19 emergency period.--The term ``COVID-19 emergency period'' means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)). ( 6) Provider relief fund guidance.--The term ``Provider Relief Fund Guidance'' refers to the guidance entitled ``Provider Relief Fund General and Targeted Distribution Post- Payment Notice of Reporting Requirements'' issued by the Secretary of Health and Human Services on June 11, 2021. ( 7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration.

To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief Fund, and for other purposes. 3) That surge, at its peak, saw 7-day averages of about 175,000 daily COVID-19 cases, over 100,000 daily hospitalized patients, and almost 2,100 daily deaths in the United States. ( (5) Many hospitals have experienced critical staffing and infrastructure issues due to the surge demands of very ill patients infected with the Delta variant of COVID-19, forcing some to make difficult patient care choices, such as postponing non-emergent surgeries or transferring certain patients, including children and expectant mothers, to other hospitals. ( 7) COVID-19-related expenses are skyrocketing, as demonstrated in a recent study showing that hospitals and health systems are paying $24,000,000,000 more per year for qualified clinical labor than they did before the beginning of the COVID-19 pandemic. ( (2) Adjustment of reporting time period.--The Secretary shall make appropriate adjustments to the reporting time period (as specified in the Provider Relief Fund guidance) that corresponds to a covered payment received period to reflect the extension of the applicable deadline under paragraph (1). ( 3) Refund of amounts returned to prf.--Not later than 30 days after the date of the enactment of this section, the Secretary shall reimburse an eligible health care provider the total amount of payments such eligible health care provider returned to the Secretary by reason of the deadline referred to in paragraph (1). ( (c) Requirement To Distribute Remaining COVID-19 Provider Relief Funds by March 31, 2022.-- (1) Requirement for distributions.-- (A) In general.--Not later than March 31, 2022, the Secretary shall distribute to eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus, any remaining funds appropriated to the Provider Relief Fund as of the date of the enactment of this section for reimbursements. ( B) Deadline to use funds.--The deadline by which an eligible health care provider is required to use reimbursements received pursuant to subparagraph (A) is June 30, 2023. ( 1320b-26) for eligible health care providers (as defined in subsection (e)(1) of such section) before, on or after the date of the enactment of this section may be used to reimburse an eligible health care provider for expenses incurred by the eligible health care provider for measures taken to establish or improve the security of the workplace of such eligible health care provider and improve the safety of personnel of such eligible health care provider present at such workplace. ( B) Measures to prevent violence at the workplace and against personnel of such eligible health care provider, including education and training of personnel on de-escalation protocols and installation of panic buttons and other similar, required equipment. (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). ( 3) COVID-19 emergency period.--The term ``COVID-19 emergency period'' means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)). ( 6) Provider relief fund guidance.--The term ``Provider Relief Fund Guidance'' refers to the guidance entitled ``Provider Relief Fund General and Targeted Distribution Post- Payment Notice of Reporting Requirements'' issued by the Secretary of Health and Human Services on June 11, 2021. ( 7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration.

To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief Fund, and for other purposes. COVID-19 PROVIDER RELIEF FUND IMPROVEMENTS. ( 4) The COVID-19 pandemic, and the Delta variant surge in particular, has taken a heavy toll on our frontline health care heroes, who have been on the front lines of the pandemic for over a full year and a half, with many suffering from trauma, burnout, and increased behavioral health challenges. ( (b) Extension of Deadline for Eligible Health Care Providers To Use Certain Funds Received From the COVID-19 Provider Relief Fund.-- (1) Payment received periods 1 and 2.--Effective June 29, 2021, the deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during a covered payment received period is extended until the end of the COVID- 19 emergency period. ( 4) Modification of deadline for period 3.--The deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during the Payment Received Period referred to in the Provider Relief Fund Guidance as the Period 3 specified in table 1 of such guidance (beginning on January 1, 2021, and ending on June 30, 2021) shall be the later of-- (A) the end of the COVID-19 emergency period; or (B) June 30, 2022. ( (2) Accounting for health care related expenses or lost revenues in the second, third, and fourth quarters of 2021.-- Notwithstanding any other provision of law, distributions made under paragraph (1) to eligible health care providers shall account for financial losses and changes in operating expenses occurring in the second, third, or fourth quarter of calendar year 2021, that are attributable to coronavirus. ( B) Measures to prevent violence at the workplace and against personnel of such eligible health care provider, including education and training of personnel on de-escalation protocols and installation of panic buttons and other similar, required equipment. (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). ( 3) COVID-19 emergency period.--The term ``COVID-19 emergency period'' means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)). ( 6) Provider relief fund guidance.--The term ``Provider Relief Fund Guidance'' refers to the guidance entitled ``Provider Relief Fund General and Targeted Distribution Post- Payment Notice of Reporting Requirements'' issued by the Secretary of Health and Human Services on June 11, 2021. ( 7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration.

To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief Fund, and for other purposes. 7) COVID-19-related expenses are skyrocketing, as demonstrated in a recent study showing that hospitals and health systems are paying $24,000,000,000 more per year for qualified clinical labor than they did before the beginning of the COVID-19 pandemic. ( ( ( (c) Requirement To Distribute Remaining COVID-19 Provider Relief Funds by March 31, 2022.-- (1) Requirement for distributions.-- (A) In general.--Not later than March 31, 2022, the Secretary shall distribute to eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus, any remaining funds appropriated to the Provider Relief Fund as of the date of the enactment of this section for reimbursements. ( 1320b-26) for eligible health care providers (as defined in subsection (e)(1) of such section) before, on or after the date of the enactment of this section may be used to reimburse an eligible health care provider for expenses incurred by the eligible health care provider for measures taken to establish or improve the security of the workplace of such eligible health care provider and improve the safety of personnel of such eligible health care provider present at such workplace. ( (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). ( 7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration.

To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief Fund, and for other purposes. 4) Modification of deadline for period 3.--The deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during the Payment Received Period referred to in the Provider Relief Fund Guidance as the Period 3 specified in table 1 of such guidance (beginning on January 1, 2021, and ending on June 30, 2021) shall be the later of-- (A) the end of the COVID-19 emergency period; or (B) June 30, 2022. ( ( (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). ( 7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration.

To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief Fund, and for other purposes. 7) COVID-19-related expenses are skyrocketing, as demonstrated in a recent study showing that hospitals and health systems are paying $24,000,000,000 more per year for qualified clinical labor than they did before the beginning of the COVID-19 pandemic. ( ( ( (c) Requirement To Distribute Remaining COVID-19 Provider Relief Funds by March 31, 2022.-- (1) Requirement for distributions.-- (A) In general.--Not later than March 31, 2022, the Secretary shall distribute to eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus, any remaining funds appropriated to the Provider Relief Fund as of the date of the enactment of this section for reimbursements. ( 1320b-26) for eligible health care providers (as defined in subsection (e)(1) of such section) before, on or after the date of the enactment of this section may be used to reimburse an eligible health care provider for expenses incurred by the eligible health care provider for measures taken to establish or improve the security of the workplace of such eligible health care provider and improve the safety of personnel of such eligible health care provider present at such workplace. ( (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). ( 7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration.

Provider Relief Fund Improvement Act - Requires the Secretary of Health and Human Services (HHS) to distribute to eligible health care providers for COVID-19-related expenses any remaining funds appropriated to the Provider Relief Fund as of March 31, 2022. (Sec. 2) Extends the deadline for providers to use such funds until June 30, 2022, and requires the Secretary to make appropriate This bill directs the Department of Health and Human Services (HHS) to provide for specified expenses for workplace security and safety of personnel of an eligible health care provider, including: (1) the employment of additional security personnel, the conduct of risk assessment activities, implementation of response plans, and staff education and training; and (2) trauma support for personnel with respect to violence

H.R.1990

Health

Medicare Orthotics and Prosthetics Patient-Centered Care Act This bill revises payment rules and establishes several requirements relating to coverage of orthotics and prosthetics under Medicare. Specifically, the bill requires suppliers of orthotics and prosthetics to meet certain standards with respect to licensure and accreditation, physical facilities, and liability insurance. Orthotists and prosthetists may also issue written orders for commercial purposes that meet specified standards; such orders must be signed by the treating physician. The bill also prohibits payment under Medicare for certain prosthetics and orthotics that are delivered via drop shipment (i.e., direct shipment to a beneficiary who has not received corresponding patient care from a health care practitioner).

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Orthotics and Prosthetics Patient-Centered Care Act''. SEC. 2. INCREASING PROTECTIONS FOR BENEFICIARIES RECEIVING ORTHOTIC AND PROSTHETIC CARE UNDER THE MEDICARE PROGRAM. (a) Distinguishing Orthotists and Prosthetists From Suppliers of Durable Medical Equipment and Supplies.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended-- (1) in subsection (j)(5), by striking subparagraph (C) and redesignating the subsequent subparagraphs accordingly; and (2) by adding at the end the following new subsection: ``(x) Requirements for Orthotists and Prosthetists.-- ``(1) Issuance and renewal of supplier number.-- ``(A) Payment.-- ``(i) In general.--No payment may be made under this part to an orthotic or prosthetic supplier unless such orthotic or prosthetic supplier obtains (and renews at such intervals as the Secretary may require) a supplier number. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(B) Standards for possessing a supplier number.-- An orthotic or prosthetic supplier may only obtain a supplier number if the supplier meets standards prescribed by the Secretary that include requirements that the orthotic or prosthetic supplier (and, where applicable, the orthotist or prosthetist)-- ``(i) licensure and accreditation-- ``(I) complies with all applicable State and Federal licensure and regulatory requirements; and ``(II) acquires accreditation from the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. or the Board of Certification/ Accreditation, International, or other accreditation entity that the Secretary determines has standards that are equivalent to the standards of such Boards; ``(ii) maintains a physical facility on an appropriate site; ``(iii) has proof of appropriate liability insurance; and ``(iv) meets such other requirements as the Secretary shall specify. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(2) Order for orthotics or prosthetics.-- ``(A) Information provided by orthotists and prosthetists on detailed written orders for orthotics and prosthetics.--An orthotist or prosthetist may distribute to physicians, physician assistants, nurse practitioners, clinical nurse specialists, or individuals entitled to benefits under this part, a detailed written order for orthotics or prosthetics (as defined in paragraph (5)) for commercial purposes that contains the following information: ``(i) The identification of-- ``(I) the orthotic or prosthetic supplier; and ``(II) the individual to whom the orthotics or prosthetics are furnished. ``(ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. ``(iii) A description of the orthotics or prosthetics ordered. ``(iv) The date of the order described in this subparagraph. ``(B) Information on coding and descriptors of components provided.--If an orthotist or prosthetist distributes a detailed written order for orthotics or prosthetics described in subparagraph (A), the orthotist or prosthetist shall also list on the order the summary descriptors of the items and services being recommended prior to submission of the order to the treating physician for approval. ``(C) Signature by treating physician.--A detailed written order for orthotics or prosthetics described in subparagraph (A) shall be signed by the treating physician. ``(3) Limitation on patient liability.--Except as provided in paragraph (4), if an orthotist or prosthetist-- ``(A) furnishes an orthosis or prosthesis to a beneficiary for which no payment may be made under this part; or ``(B) subject to section 1879, furnishes an orthosis or prosthesis to a beneficiary for which payment is denied under section 1862(a)(1), any expenses incurred for the orthosis or prosthesis furnished to an individual by the orthotist or prosthetist not on an assigned basis shall be the responsibility of such orthotist or prosthetist. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. The provisions of subsection (a)(18) shall apply to refunds required under the previous sentence in the same manner as such provisions apply to refunds under such subsection. ``(4) Patient liability.--If an orthotist or prosthetist furnishes an orthosis or prosthesis to a patient for which payment is denied in advance under subsection (a)(15), expenses incurred for such orthosis or prosthesis furnished to the individual by the orthotist or prosthetist shall be the responsibility of the individual. ``(5) Definitions.--In this subsection: ``(A) Detailed written order for orthotics or prosthetics.-- ``(i) In general.--The term `detailed written order for orthotics or prosthetics' means a form or other document prepared by an orthotist or prosthetist and signed by the physician (as defined by section 1861(r)) that contains information required by the Secretary to show that an orthosis or prosthesis is reasonable and necessary for the treatment of an illness or injury or to improve the functioning of a malformed body member. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(B) Orthotics and prosthetics.--The term `orthotics and prosthetics' has the meaning given that term in section 1834(h)(4)(C). ``(C) Orthotist or prosthetist.--The term `orthotist or prosthetist' means an individual who is specifically trained and educated in the provision of, and patient care management related to, prosthetics and custom-fabricated or custom-fit orthotics, and-- ``(i) in the case of a State that provides for the licensing of orthotists and prosthetists, is licensed by the State in which the orthotics or prosthetics were supplied; or ``(ii) in the case of a State that does not provide for the licensing of orthotists and prosthetists, is certified by the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. or by the Board of Certification/Accreditation, International, or is certified and approved by an entity that the Secretary determines has certification and approval standards that are essentially equivalent to the certification and approval standards of such Boards.''. (b) Prohibiting Payment for Certain Orthotics and Prosthetics.-- Section 1834(h)(1) of the Social Security Act (42 U.S.C. 1395m(h)(1)) is amended by adding at the end the following new subparagraph: ``(I) Special payment rules for orthotics or prosthetics.-- ``(i) In general.--No payment shall be made under this subsection for-- ``(I) a prosthesis (excluding prosthetic supplies) that is delivered by drop shipment; ``(II) a custom-fabricated or custom-fitted orthosis (excluding orthotic supplies) described in subparagraph (F)(ii) that is delivered by drop shipment; and ``(III) an orthotic item that is not otherwise competitively bid that is delivered by drop shipment. ``(ii) Drop shipment defined.--In this subparagraph, the term `drop shipment' means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis.''. (c) Standardizing the Definitions of Orthotics and Prosthetics.-- Section 1834(h)(4) of the Social Security Act (42 U.S.C. 1395m(h)(4)) is amended-- (1) in subparagraph (B), by striking at the end ``and''; (2) in subparagraph (C)-- (A) by striking ``the term `orthotics and prosthetics' has the meaning given such term'' and inserting ``the terms `orthotics and prosthetics' and `orthoses and prostheses' have the meaning given such terms''; and (B) by striking the period at the end and inserting ``; and''; and (3) by inserting after subparagraph (C), as amended by paragraph (2), the following new subparagraph: ``(D) the terms `prosthetics' and `prostheses' refer to a device (including the clinical services associated with such device) that replaces all or part of a limb.''. (d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(x)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. (e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act. <all>

Medicare Orthotics and Prosthetics Patient-Centered Care Act

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes.

Medicare Orthotics and Prosthetics Patient-Centered Care Act

Rep. Thompson, Mike

D

CA

This bill revises payment rules and establishes several requirements relating to coverage of orthotics and prosthetics under Medicare. Specifically, the bill requires suppliers of orthotics and prosthetics to meet certain standards with respect to licensure and accreditation, physical facilities, and liability insurance. Orthotists and prosthetists may also issue written orders for commercial purposes that meet specified standards; such orders must be signed by the treating physician. The bill also prohibits payment under Medicare for certain prosthetics and orthotics that are delivered via drop shipment (i.e., direct shipment to a beneficiary who has not received corresponding patient care from a health care practitioner).

This Act may be cited as the ``Medicare Orthotics and Prosthetics Patient-Centered Care Act''. 2. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. ``(iv) The date of the order described in this subparagraph. ``(4) Patient liability.--If an orthotist or prosthetist furnishes an orthosis or prosthesis to a patient for which payment is denied in advance under subsection (a)(15), expenses incurred for such orthosis or prosthesis furnished to the individual by the orthotist or prosthetist shall be the responsibility of the individual. ``(B) Orthotics and prosthetics.--The term `orthotics and prosthetics' has the meaning given that term in section 1834(h)(4)(C). ``(C) Orthotist or prosthetist.--The term `orthotist or prosthetist' means an individual who is specifically trained and educated in the provision of, and patient care management related to, prosthetics and custom-fabricated or custom-fit orthotics, and-- ``(i) in the case of a State that provides for the licensing of orthotists and prosthetists, is licensed by the State in which the orthotics or prosthetics were supplied; or ``(ii) in the case of a State that does not provide for the licensing of orthotists and prosthetists, is certified by the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. or by the Board of Certification/Accreditation, International, or is certified and approved by an entity that the Secretary determines has certification and approval standards that are essentially equivalent to the certification and approval standards of such Boards.''. 1395m(h)(1)) is amended by adding at the end the following new subparagraph: ``(I) Special payment rules for orthotics or prosthetics.-- ``(i) In general.--No payment shall be made under this subsection for-- ``(I) a prosthesis (excluding prosthetic supplies) that is delivered by drop shipment; ``(II) a custom-fabricated or custom-fitted orthosis (excluding orthotic supplies) described in subparagraph (F)(ii) that is delivered by drop shipment; and ``(III) an orthotic item that is not otherwise competitively bid that is delivered by drop shipment. (d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C.

This Act may be cited as the ``Medicare Orthotics and Prosthetics Patient-Centered Care Act''. 2. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. ``(iv) The date of the order described in this subparagraph. ``(4) Patient liability.--If an orthotist or prosthetist furnishes an orthosis or prosthesis to a patient for which payment is denied in advance under subsection (a)(15), expenses incurred for such orthosis or prosthesis furnished to the individual by the orthotist or prosthetist shall be the responsibility of the individual. ``(B) Orthotics and prosthetics.--The term `orthotics and prosthetics' has the meaning given that term in section 1834(h)(4)(C). ``(C) Orthotist or prosthetist.--The term `orthotist or prosthetist' means an individual who is specifically trained and educated in the provision of, and patient care management related to, prosthetics and custom-fabricated or custom-fit orthotics, and-- ``(i) in the case of a State that provides for the licensing of orthotists and prosthetists, is licensed by the State in which the orthotics or prosthetics were supplied; or ``(ii) in the case of a State that does not provide for the licensing of orthotists and prosthetists, is certified by the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. or by the Board of Certification/Accreditation, International, or is certified and approved by an entity that the Secretary determines has certification and approval standards that are essentially equivalent to the certification and approval standards of such Boards.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Orthotics and Prosthetics Patient-Centered Care Act''. SEC. 2. INCREASING PROTECTIONS FOR BENEFICIARIES RECEIVING ORTHOTIC AND PROSTHETIC CARE UNDER THE MEDICARE PROGRAM. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. ``(iv) The date of the order described in this subparagraph. ``(B) Information on coding and descriptors of components provided.--If an orthotist or prosthetist distributes a detailed written order for orthotics or prosthetics described in subparagraph (A), the orthotist or prosthetist shall also list on the order the summary descriptors of the items and services being recommended prior to submission of the order to the treating physician for approval. The provisions of subsection (a)(18) shall apply to refunds required under the previous sentence in the same manner as such provisions apply to refunds under such subsection. ``(4) Patient liability.--If an orthotist or prosthetist furnishes an orthosis or prosthesis to a patient for which payment is denied in advance under subsection (a)(15), expenses incurred for such orthosis or prosthesis furnished to the individual by the orthotist or prosthetist shall be the responsibility of the individual. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(B) Orthotics and prosthetics.--The term `orthotics and prosthetics' has the meaning given that term in section 1834(h)(4)(C). ``(C) Orthotist or prosthetist.--The term `orthotist or prosthetist' means an individual who is specifically trained and educated in the provision of, and patient care management related to, prosthetics and custom-fabricated or custom-fit orthotics, and-- ``(i) in the case of a State that provides for the licensing of orthotists and prosthetists, is licensed by the State in which the orthotics or prosthetics were supplied; or ``(ii) in the case of a State that does not provide for the licensing of orthotists and prosthetists, is certified by the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. or by the Board of Certification/Accreditation, International, or is certified and approved by an entity that the Secretary determines has certification and approval standards that are essentially equivalent to the certification and approval standards of such Boards.''. 1395m(h)(1)) is amended by adding at the end the following new subparagraph: ``(I) Special payment rules for orthotics or prosthetics.-- ``(i) In general.--No payment shall be made under this subsection for-- ``(I) a prosthesis (excluding prosthetic supplies) that is delivered by drop shipment; ``(II) a custom-fabricated or custom-fitted orthosis (excluding orthotic supplies) described in subparagraph (F)(ii) that is delivered by drop shipment; and ``(III) an orthotic item that is not otherwise competitively bid that is delivered by drop shipment. (d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(x)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. (e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Orthotics and Prosthetics Patient-Centered Care Act''. SEC. 2. INCREASING PROTECTIONS FOR BENEFICIARIES RECEIVING ORTHOTIC AND PROSTHETIC CARE UNDER THE MEDICARE PROGRAM. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(B) Standards for possessing a supplier number.-- An orthotic or prosthetic supplier may only obtain a supplier number if the supplier meets standards prescribed by the Secretary that include requirements that the orthotic or prosthetic supplier (and, where applicable, the orthotist or prosthetist)-- ``(i) licensure and accreditation-- ``(I) complies with all applicable State and Federal licensure and regulatory requirements; and ``(II) acquires accreditation from the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. or the Board of Certification/ Accreditation, International, or other accreditation entity that the Secretary determines has standards that are equivalent to the standards of such Boards; ``(ii) maintains a physical facility on an appropriate site; ``(iii) has proof of appropriate liability insurance; and ``(iv) meets such other requirements as the Secretary shall specify. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. ``(iii) A description of the orthotics or prosthetics ordered. ``(iv) The date of the order described in this subparagraph. ``(B) Information on coding and descriptors of components provided.--If an orthotist or prosthetist distributes a detailed written order for orthotics or prosthetics described in subparagraph (A), the orthotist or prosthetist shall also list on the order the summary descriptors of the items and services being recommended prior to submission of the order to the treating physician for approval. The provisions of subsection (a)(18) shall apply to refunds required under the previous sentence in the same manner as such provisions apply to refunds under such subsection. ``(4) Patient liability.--If an orthotist or prosthetist furnishes an orthosis or prosthesis to a patient for which payment is denied in advance under subsection (a)(15), expenses incurred for such orthosis or prosthesis furnished to the individual by the orthotist or prosthetist shall be the responsibility of the individual. ``(5) Definitions.--In this subsection: ``(A) Detailed written order for orthotics or prosthetics.-- ``(i) In general.--The term `detailed written order for orthotics or prosthetics' means a form or other document prepared by an orthotist or prosthetist and signed by the physician (as defined by section 1861(r)) that contains information required by the Secretary to show that an orthosis or prosthesis is reasonable and necessary for the treatment of an illness or injury or to improve the functioning of a malformed body member. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(B) Orthotics and prosthetics.--The term `orthotics and prosthetics' has the meaning given that term in section 1834(h)(4)(C). ``(C) Orthotist or prosthetist.--The term `orthotist or prosthetist' means an individual who is specifically trained and educated in the provision of, and patient care management related to, prosthetics and custom-fabricated or custom-fit orthotics, and-- ``(i) in the case of a State that provides for the licensing of orthotists and prosthetists, is licensed by the State in which the orthotics or prosthetics were supplied; or ``(ii) in the case of a State that does not provide for the licensing of orthotists and prosthetists, is certified by the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. or by the Board of Certification/Accreditation, International, or is certified and approved by an entity that the Secretary determines has certification and approval standards that are essentially equivalent to the certification and approval standards of such Boards.''. 1395m(h)(1)) is amended by adding at the end the following new subparagraph: ``(I) Special payment rules for orthotics or prosthetics.-- ``(i) In general.--No payment shall be made under this subsection for-- ``(I) a prosthesis (excluding prosthetic supplies) that is delivered by drop shipment; ``(II) a custom-fabricated or custom-fitted orthosis (excluding orthotic supplies) described in subparagraph (F)(ii) that is delivered by drop shipment; and ``(III) an orthotic item that is not otherwise competitively bid that is delivered by drop shipment. (d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(x)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. (e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. ``(iii) A description of the orthotics or prosthetics ordered. ``(3) Limitation on patient liability.--Except as provided in paragraph (4), if an orthotist or prosthetist-- ``(A) furnishes an orthosis or prosthesis to a beneficiary for which no payment may be made under this part; or ``(B) subject to section 1879, furnishes an orthosis or prosthesis to a beneficiary for which payment is denied under section 1862(a)(1), any expenses incurred for the orthosis or prosthesis furnished to an individual by the orthotist or prosthetist not on an assigned basis shall be the responsibility of such orthotist or prosthetist. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(5) Definitions.--In this subsection: ``(A) Detailed written order for orthotics or prosthetics.-- ``(i) In general.--The term `detailed written order for orthotics or prosthetics' means a form or other document prepared by an orthotist or prosthetist and signed by the physician (as defined by section 1861(r)) that contains information required by the Secretary to show that an orthosis or prosthesis is reasonable and necessary for the treatment of an illness or injury or to improve the functioning of a malformed body member. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(ii) Drop shipment defined.--In this subparagraph, the term `drop shipment' means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis.''. ( d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(x)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(iv) The date of the order described in this subparagraph. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(ii) Drop shipment defined.--In this subparagraph, the term `drop shipment' means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis.''. ( c) Standardizing the Definitions of Orthotics and Prosthetics.-- Section 1834(h)(4) of the Social Security Act (42 U.S.C. d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(x)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(iv) The date of the order described in this subparagraph. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(ii) Drop shipment defined.--In this subparagraph, the term `drop shipment' means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis.''. ( c) Standardizing the Definitions of Orthotics and Prosthetics.-- Section 1834(h)(4) of the Social Security Act (42 U.S.C. d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(x)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. ``(iii) A description of the orthotics or prosthetics ordered. ``(3) Limitation on patient liability.--Except as provided in paragraph (4), if an orthotist or prosthetist-- ``(A) furnishes an orthosis or prosthesis to a beneficiary for which no payment may be made under this part; or ``(B) subject to section 1879, furnishes an orthosis or prosthesis to a beneficiary for which payment is denied under section 1862(a)(1), any expenses incurred for the orthosis or prosthesis furnished to an individual by the orthotist or prosthetist not on an assigned basis shall be the responsibility of such orthotist or prosthetist. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(5) Definitions.--In this subsection: ``(A) Detailed written order for orthotics or prosthetics.-- ``(i) In general.--The term `detailed written order for orthotics or prosthetics' means a form or other document prepared by an orthotist or prosthetist and signed by the physician (as defined by section 1861(r)) that contains information required by the Secretary to show that an orthosis or prosthesis is reasonable and necessary for the treatment of an illness or injury or to improve the functioning of a malformed body member. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(ii) Drop shipment defined.--In this subparagraph, the term `drop shipment' means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis.''. ( d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(x)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(iv) The date of the order described in this subparagraph. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(ii) Drop shipment defined.--In this subparagraph, the term `drop shipment' means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis.''. ( c) Standardizing the Definitions of Orthotics and Prosthetics.-- Section 1834(h)(4) of the Social Security Act (42 U.S.C. d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(x)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. ``(iii) A description of the orthotics or prosthetics ordered. ``(3) Limitation on patient liability.--Except as provided in paragraph (4), if an orthotist or prosthetist-- ``(A) furnishes an orthosis or prosthesis to a beneficiary for which no payment may be made under this part; or ``(B) subject to section 1879, furnishes an orthosis or prosthesis to a beneficiary for which payment is denied under section 1862(a)(1), any expenses incurred for the orthosis or prosthesis furnished to an individual by the orthotist or prosthetist not on an assigned basis shall be the responsibility of such orthotist or prosthetist. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(5) Definitions.--In this subsection: ``(A) Detailed written order for orthotics or prosthetics.-- ``(i) In general.--The term `detailed written order for orthotics or prosthetics' means a form or other document prepared by an orthotist or prosthetist and signed by the physician (as defined by section 1861(r)) that contains information required by the Secretary to show that an orthosis or prosthesis is reasonable and necessary for the treatment of an illness or injury or to improve the functioning of a malformed body member. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(ii) Drop shipment defined.--In this subparagraph, the term `drop shipment' means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis.''. ( d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(x)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(ii) Clarification regarding providers under part a.--Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. ``(iv) The date of the order described in this subparagraph. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. ``(ii) Drop shipment defined.--In this subparagraph, the term `drop shipment' means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis.''. ( c) Standardizing the Definitions of Orthotics and Prosthetics.-- Section 1834(h)(4) of the Social Security Act (42 U.S.C. d) Limitation of Competitive Acquisition for Off-the-Shelf Orthotics.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(x)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(x)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(x)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

To amend title XVIII of the Social Security Act to protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes. ``(C) Prohibition against multiple supplier numbers.--The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. ``(ii) Clarification.--The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. 1395w-3(a)) is amended-- (1) in paragraph (2)(C), by inserting ``by the patient (and not by another person)'' after ``minimal self-adjustment''; and (2) in paragraph (7)(A)(i)-- (A) by inserting ``, orthotist or prosthetist (as defined in section 1834(x)(5)(C)),'' after ``by a physician''; (B) by inserting ``, orthotist's or prosthetist's,'' after ``to the physician's''; and (C) by inserting ``, orthotist's or prosthetist's,'' after ``of the physician's''. ( e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.

Medicare Orthotics and Prosthetics Patient-Centered Care Act - Amends title XVIII (Medicare) of the Social Security Act to prohibit payment under part A (Supplementary Medical Insurance) of such Act to an orthotic or prosthetic supplier unless such supplier obtains (and renews at such intervals as the Secretary of Health and Human Services may require) a supplier Amends title XVIII (Medicare) of the Social Security Act to prohibit payment for orthotics or prosthetics delivered by drop shipment. (Currently, such payment is limited to orthotics and prostheses that are not otherwise competitively bid.) (Sec. XIX (Medicaid) is amended to require the Secretary of Health and Human Services to promulgate final regulations to implement

S.1109

Commerce

Minority Entrepreneurship Grant Program Act of 2021 This bill requires the Small Business Administration (SBA) to award grants to create or expand programs at minority-serving institutions and historically Black colleges and universities (HBCUs) that foster, promote, and increase opportunities for minority business ownership. The SBA must also establish a Minority Entrepreneurship Advisory Board to develop recommendations regarding how these institutions and HBCUs can better serve minority businesses and entrepreneurs.

To require the Administrator of the Small Business Administration, in consultation with the National Director of the Minority Business Development Agency, to establish a grant program to create or expand programs at minority-serving institutions and historically Black colleges and universities that promote minority business ownership and entrepreneurship, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Entrepreneurship Grant Program Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Board.--The term ``Board'' means the Minority Entrepreneurship Advisory Board established under section 4(a). (3) Director.--The term ``Director'' means the National Director of the Minority Business Development Agency. (4) Historically black college or university.--The term ``historically Black college or university'' means a part B institution, as that term is defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). (5) Minority.--The term ``minority'' includes an individual who is-- (A) Black or African American; (B) Hispanic or Latino; (C) Native or Indigenous American; (D) Asian; (E) Native Hawaiian or other Pacific Islander; (F) Native Alaskan; or (G) a member of a group that the Minority Business Development Agency of the Department of Commerce determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. (6) Minority-serving institution.--The term ``minority- serving institution'' means any of the following: (A) A Hispanic-serving institution, as that term is defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)). (B) A Tribal College or University, as that term is defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). (C) An Alaska Native-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). (D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). (E) A Predominantly Black Institution, as that term is defined in section 318(b) of the Higher Education Act of 1965 (20 U.S.C. 1059e(b)). (F) A Native American-serving, nontribal institution, as that term is defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)). (G) An Asian-American and Native American Pacific Islander-serving institution, as that term is defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b)). (7) Program.--The term ``Program'' means the grant program established under section 3(a). (8) Small business concern.--The term ``small business concern'' has the meaning given the term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (9) Student entrepreneur.--The term ``student entrepreneur'' means a student who is-- (A) a minority; (B) enrolled at a minority-serving institution or a historically Black college or university; and (C) seeking to establish or develop a business. SEC. 3. GRANT PROGRAM. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Director, shall establish a grant program within the Small Business Administration, the purpose of which shall be to create or expand programs at minority-serving institutions and historically Black colleges and universities that foster, promote, and increase opportunities for minority business ownership. (b) Application Process.--A minority-serving institution or a historically Black college or university seeking a grant under the Program shall submit to the Administrator an application that contains a description of-- (1) the need for the grant funds to promote minority entrepreneurship and business ownership among student entrepreneurs enrolled at the minority-serving institution or the historically Black college or university; (2) how the grant funds will be used to carry out the activities described in paragraph (1); (3) how the programs created or expanded with the grant funds will provide support to student entrepreneurs enrolled at the minority-serving institution or historically Black college or university who-- (A) seek support for an established business; or (B) need assistance in establishing a business; and (4) how the minority-serving institution or historically Black college or university will create or expand programs or initiatives that-- (A) increase minority business ownership; and (B) expand business resources to student entrepreneurs enrolled at the minority-serving institution or historically Black college or university. (c) Amount of Grant.--A grant made to a minority-serving institution or a historically Black college or university under the Program shall be not less than $250,000. (d) Use of Grant Funds.--With a grant received under the Program, a minority-serving institution or a historically Black college or university shall support the creation or expansion of programs or initiatives that offer business development resources that support student entrepreneurs enrolled at the minority-serving institution or historically Black college or university, such as-- (1) free legal, accounting, human resources, information technology, marketing, training, counseling, networking, and technical assistance; and (2) access to capital resources, such as the costs associated with forming a new business enterprise. (e) MSI Submission Requirement.--A minority-serving institution or historically Black college or university to which a grant is made under the Program shall, each year, submit to the Administrator a mid-year and year-end report, each of which shall contain, for the period covered by the report, the number of-- (1) student entrepreneurs trained, assisted, and counseled with the grant funds; (2) businesses created through the expenditure of the grant funds, including, with respect to each such business-- (A) the name of the business; (B) a description of the business; and (C) the amount of grant funds expended in creating the business; (3) student entrepreneurs referred to other resources of the Small Business Administration; and (4) student entrepreneurs participating in programs created or expanded through the expenditure of the grant funds, which, to the extent possible, shall be disaggregated by sex, race, and ethnicity. (f) Report to Congress.--Not later than 18 months after the date on which the first grant is made under the Program, and annually thereafter, the Administrator shall submit to Congress a report that contains information regarding the minority-serving institutions and historically Black colleges or universities to which grants were made under the Program for the period covered by the report, which shall include-- (1) the name of each such minority-serving institution and historically Black college or university and the amount of each such grant; (2) the number of student entrepreneurs trained, assisted, and counseled with Program grant funds-- (A) at each minority-serving institution and historically Black college or university to which a grant was made under the Program; and (B) in total under the Program; (3) the number of businesses created through the expenditure of Program grant funds-- (A) with respect to each minority-serving institution and historically Black college or university to which a grant was made under the Program; and (B) in total under the Program; (4) the number of student entrepreneurs referred to resources of the Small Business Administration-- (A) at each minority-serving institution and historically Black college or university to which a grant was made under the Program; and (B) in total under the Program; (5) the number of student entrepreneurs participating in programs created or expanded through the expenditure of Program grant funds at each minority-serving institution and historically Black college or university to which a grant was made under the Program, and in total under the Program, which, to the extent possible, shall be disaggregated by sex, race, and ethnicity; and (6) a statement regarding whether any amounts made available to carry out this section remain unexpended, as of the date on which the report is submitted. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. SEC. 4. ADVISORY BOARD. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a Minority Entrepreneurship Advisory Board to develop recommendations regarding how minority-serving institutions and historically Black colleges and universities can better serve minority businesses and entrepreneurs. (b) Membership of Board.--The members of the Board shall be-- (1) appointed by the Administrator; and (2) individuals with-- (A) outstanding qualifications; (B) knowledge regarding the needs of small business concerns that are owned by minorities; and (C) experience-- (i) working with startups; or (ii) in providing consultation to small business concerns. (c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (d) Inapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Board or the activities of the Board. <all>

Minority Entrepreneurship Grant Program Act of 2021

A bill to require the Administrator of the Small Business Administration, in consultation with the National Director of the Minority Business Development Agency, to establish a grant program to create or expand programs at minority-serving institutions and historically Black colleges and universities that promote minority business ownership and entrepreneurship, and for other purposes.

Minority Entrepreneurship Grant Program Act of 2021

Sen. Rosen, Jacky

D

NV

This bill requires the Small Business Administration (SBA) to award grants to create or expand programs at minority-serving institutions and historically Black colleges and universities (HBCUs) that foster, promote, and increase opportunities for minority business ownership. The SBA must also establish a Minority Entrepreneurship Advisory Board to develop recommendations regarding how these institutions and HBCUs can better serve minority businesses and entrepreneurs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Entrepreneurship Grant Program Act of 2021''. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (3) Director.--The term ``Director'' means the National Director of the Minority Business Development Agency. 1061). (5) Minority.--The term ``minority'' includes an individual who is-- (A) Black or African American; (B) Hispanic or Latino; (C) Native or Indigenous American; (D) Asian; (E) Native Hawaiian or other Pacific Islander; (F) Native Alaskan; or (G) a member of a group that the Minority Business Development Agency of the Department of Commerce determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. 1101a(a)). (D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). 632(a)). (9) Student entrepreneur.--The term ``student entrepreneur'' means a student who is-- (A) a minority; (B) enrolled at a minority-serving institution or a historically Black college or university; and (C) seeking to establish or develop a business. 3. GRANT PROGRAM. (e) MSI Submission Requirement.--A minority-serving institution or historically Black college or university to which a grant is made under the Program shall, each year, submit to the Administrator a mid-year and year-end report, each of which shall contain, for the period covered by the report, the number of-- (1) student entrepreneurs trained, assisted, and counseled with the grant funds; (2) businesses created through the expenditure of the grant funds, including, with respect to each such business-- (A) the name of the business; (B) a description of the business; and (C) the amount of grant funds expended in creating the business; (3) student entrepreneurs referred to other resources of the Small Business Administration; and (4) student entrepreneurs participating in programs created or expanded through the expenditure of the grant funds, which, to the extent possible, shall be disaggregated by sex, race, and ethnicity. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. SEC. 4. ADVISORY BOARD. (b) Membership of Board.--The members of the Board shall be-- (1) appointed by the Administrator; and (2) individuals with-- (A) outstanding qualifications; (B) knowledge regarding the needs of small business concerns that are owned by minorities; and (C) experience-- (i) working with startups; or (ii) in providing consultation to small business concerns. (c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). App.) shall not apply with respect to the Board or the activities of the Board.

SHORT TITLE. 2. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (3) Director.--The term ``Director'' means the National Director of the Minority Business Development Agency. (D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. (9) Student entrepreneur.--The term ``student entrepreneur'' means a student who is-- (A) a minority; (B) enrolled at a minority-serving institution or a historically Black college or university; and (C) seeking to establish or develop a business. 3. GRANT PROGRAM. (e) MSI Submission Requirement.--A minority-serving institution or historically Black college or university to which a grant is made under the Program shall, each year, submit to the Administrator a mid-year and year-end report, each of which shall contain, for the period covered by the report, the number of-- (1) student entrepreneurs trained, assisted, and counseled with the grant funds; (2) businesses created through the expenditure of the grant funds, including, with respect to each such business-- (A) the name of the business; (B) a description of the business; and (C) the amount of grant funds expended in creating the business; (3) student entrepreneurs referred to other resources of the Small Business Administration; and (4) student entrepreneurs participating in programs created or expanded through the expenditure of the grant funds, which, to the extent possible, shall be disaggregated by sex, race, and ethnicity. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. SEC. 4. ADVISORY BOARD. (c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). shall not apply with respect to the Board or the activities of the Board.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Entrepreneurship Grant Program Act of 2021''. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (3) Director.--The term ``Director'' means the National Director of the Minority Business Development Agency. 1061). (5) Minority.--The term ``minority'' includes an individual who is-- (A) Black or African American; (B) Hispanic or Latino; (C) Native or Indigenous American; (D) Asian; (E) Native Hawaiian or other Pacific Islander; (F) Native Alaskan; or (G) a member of a group that the Minority Business Development Agency of the Department of Commerce determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. 1101a(a)). 1059c(b)). (D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). 1059e(b)). 1059f(b)). 1059g(b)). (7) Program.--The term ``Program'' means the grant program established under section 3(a). 632(a)). (9) Student entrepreneur.--The term ``student entrepreneur'' means a student who is-- (A) a minority; (B) enrolled at a minority-serving institution or a historically Black college or university; and (C) seeking to establish or develop a business. 3. GRANT PROGRAM. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Director, shall establish a grant program within the Small Business Administration, the purpose of which shall be to create or expand programs at minority-serving institutions and historically Black colleges and universities that foster, promote, and increase opportunities for minority business ownership. (d) Use of Grant Funds.--With a grant received under the Program, a minority-serving institution or a historically Black college or university shall support the creation or expansion of programs or initiatives that offer business development resources that support student entrepreneurs enrolled at the minority-serving institution or historically Black college or university, such as-- (1) free legal, accounting, human resources, information technology, marketing, training, counseling, networking, and technical assistance; and (2) access to capital resources, such as the costs associated with forming a new business enterprise. (e) MSI Submission Requirement.--A minority-serving institution or historically Black college or university to which a grant is made under the Program shall, each year, submit to the Administrator a mid-year and year-end report, each of which shall contain, for the period covered by the report, the number of-- (1) student entrepreneurs trained, assisted, and counseled with the grant funds; (2) businesses created through the expenditure of the grant funds, including, with respect to each such business-- (A) the name of the business; (B) a description of the business; and (C) the amount of grant funds expended in creating the business; (3) student entrepreneurs referred to other resources of the Small Business Administration; and (4) student entrepreneurs participating in programs created or expanded through the expenditure of the grant funds, which, to the extent possible, shall be disaggregated by sex, race, and ethnicity. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. SEC. 4. ADVISORY BOARD. (b) Membership of Board.--The members of the Board shall be-- (1) appointed by the Administrator; and (2) individuals with-- (A) outstanding qualifications; (B) knowledge regarding the needs of small business concerns that are owned by minorities; and (C) experience-- (i) working with startups; or (ii) in providing consultation to small business concerns. (c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (d) Inapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Board or the activities of the Board.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Entrepreneurship Grant Program Act of 2021''. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (3) Director.--The term ``Director'' means the National Director of the Minority Business Development Agency. 1061). (5) Minority.--The term ``minority'' includes an individual who is-- (A) Black or African American; (B) Hispanic or Latino; (C) Native or Indigenous American; (D) Asian; (E) Native Hawaiian or other Pacific Islander; (F) Native Alaskan; or (G) a member of a group that the Minority Business Development Agency of the Department of Commerce determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. 1101a(a)). 1059c(b)). (D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). 1059e(b)). 1059f(b)). 1059g(b)). (7) Program.--The term ``Program'' means the grant program established under section 3(a). 632(a)). (9) Student entrepreneur.--The term ``student entrepreneur'' means a student who is-- (A) a minority; (B) enrolled at a minority-serving institution or a historically Black college or university; and (C) seeking to establish or develop a business. 3. GRANT PROGRAM. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Director, shall establish a grant program within the Small Business Administration, the purpose of which shall be to create or expand programs at minority-serving institutions and historically Black colleges and universities that foster, promote, and increase opportunities for minority business ownership. (d) Use of Grant Funds.--With a grant received under the Program, a minority-serving institution or a historically Black college or university shall support the creation or expansion of programs or initiatives that offer business development resources that support student entrepreneurs enrolled at the minority-serving institution or historically Black college or university, such as-- (1) free legal, accounting, human resources, information technology, marketing, training, counseling, networking, and technical assistance; and (2) access to capital resources, such as the costs associated with forming a new business enterprise. (e) MSI Submission Requirement.--A minority-serving institution or historically Black college or university to which a grant is made under the Program shall, each year, submit to the Administrator a mid-year and year-end report, each of which shall contain, for the period covered by the report, the number of-- (1) student entrepreneurs trained, assisted, and counseled with the grant funds; (2) businesses created through the expenditure of the grant funds, including, with respect to each such business-- (A) the name of the business; (B) a description of the business; and (C) the amount of grant funds expended in creating the business; (3) student entrepreneurs referred to other resources of the Small Business Administration; and (4) student entrepreneurs participating in programs created or expanded through the expenditure of the grant funds, which, to the extent possible, shall be disaggregated by sex, race, and ethnicity. (f) Report to Congress.--Not later than 18 months after the date on which the first grant is made under the Program, and annually thereafter, the Administrator shall submit to Congress a report that contains information regarding the minority-serving institutions and historically Black colleges or universities to which grants were made under the Program for the period covered by the report, which shall include-- (1) the name of each such minority-serving institution and historically Black college or university and the amount of each such grant; (2) the number of student entrepreneurs trained, assisted, and counseled with Program grant funds-- (A) at each minority-serving institution and historically Black college or university to which a grant was made under the Program; and (B) in total under the Program; (3) the number of businesses created through the expenditure of Program grant funds-- (A) with respect to each minority-serving institution and historically Black college or university to which a grant was made under the Program; and (B) in total under the Program; (4) the number of student entrepreneurs referred to resources of the Small Business Administration-- (A) at each minority-serving institution and historically Black college or university to which a grant was made under the Program; and (B) in total under the Program; (5) the number of student entrepreneurs participating in programs created or expanded through the expenditure of Program grant funds at each minority-serving institution and historically Black college or university to which a grant was made under the Program, and in total under the Program, which, to the extent possible, shall be disaggregated by sex, race, and ethnicity; and (6) a statement regarding whether any amounts made available to carry out this section remain unexpended, as of the date on which the report is submitted. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. SEC. 4. ADVISORY BOARD. (b) Membership of Board.--The members of the Board shall be-- (1) appointed by the Administrator; and (2) individuals with-- (A) outstanding qualifications; (B) knowledge regarding the needs of small business concerns that are owned by minorities; and (C) experience-- (i) working with startups; or (ii) in providing consultation to small business concerns. (c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (d) Inapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Board or the activities of the Board.

To require the Administrator of the Small Business Administration, in consultation with the National Director of the Minority Business Development Agency, to establish a grant program to create or expand programs at minority-serving institutions and historically Black colleges and universities that promote minority business ownership and entrepreneurship, and for other purposes. 2) Board.--The term ``Board'' means the Minority Entrepreneurship Advisory Board established under section 4(a). ( (5) Minority.--The term ``minority'' includes an individual who is-- (A) Black or African American; (B) Hispanic or Latino; (C) Native or Indigenous American; (D) Asian; (E) Native Hawaiian or other Pacific Islander; (F) Native Alaskan; or (G) a member of a group that the Minority Business Development Agency of the Department of Commerce determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. ( D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). ( (F) A Native American-serving, nontribal institution, as that term is defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)). ( G) An Asian-American and Native American Pacific Islander-serving institution, as that term is defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b)). ( c) Amount of Grant.--A grant made to a minority-serving institution or a historically Black college or university under the Program shall be not less than $250,000. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (

To require the Administrator of the Small Business Administration, in consultation with the National Director of the Minority Business Development Agency, to establish a grant program to create or expand programs at minority-serving institutions and historically Black colleges and universities that promote minority business ownership and entrepreneurship, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. ( B) A Tribal College or University, as that term is defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). ( (D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). ( F) A Native American-serving, nontribal institution, as that term is defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)). ( c) Amount of Grant.--A grant made to a minority-serving institution or a historically Black college or university under the Program shall be not less than $250,000. ( g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a Minority Entrepreneurship Advisory Board to develop recommendations regarding how minority-serving institutions and historically Black colleges and universities can better serve minority businesses and entrepreneurs. (b) Membership of Board.--The members of the Board shall be-- (1) appointed by the Administrator; and (2) individuals with-- (A) outstanding qualifications; (B) knowledge regarding the needs of small business concerns that are owned by minorities; and (C) experience-- (i) working with startups; or (ii) in providing consultation to small business concerns. ( c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (

To require the Administrator of the Small Business Administration, in consultation with the National Director of the Minority Business Development Agency, to establish a grant program to create or expand programs at minority-serving institutions and historically Black colleges and universities that promote minority business ownership and entrepreneurship, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. ( B) A Tribal College or University, as that term is defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). ( (D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). ( F) A Native American-serving, nontribal institution, as that term is defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)). ( c) Amount of Grant.--A grant made to a minority-serving institution or a historically Black college or university under the Program shall be not less than $250,000. ( g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a Minority Entrepreneurship Advisory Board to develop recommendations regarding how minority-serving institutions and historically Black colleges and universities can better serve minority businesses and entrepreneurs. (b) Membership of Board.--The members of the Board shall be-- (1) appointed by the Administrator; and (2) individuals with-- (A) outstanding qualifications; (B) knowledge regarding the needs of small business concerns that are owned by minorities; and (C) experience-- (i) working with startups; or (ii) in providing consultation to small business concerns. ( c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (

To require the Administrator of the Small Business Administration, in consultation with the National Director of the Minority Business Development Agency, to establish a grant program to create or expand programs at minority-serving institutions and historically Black colleges and universities that promote minority business ownership and entrepreneurship, and for other purposes. 2) Board.--The term ``Board'' means the Minority Entrepreneurship Advisory Board established under section 4(a). ( (5) Minority.--The term ``minority'' includes an individual who is-- (A) Black or African American; (B) Hispanic or Latino; (C) Native or Indigenous American; (D) Asian; (E) Native Hawaiian or other Pacific Islander; (F) Native Alaskan; or (G) a member of a group that the Minority Business Development Agency of the Department of Commerce determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. ( D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). ( (F) A Native American-serving, nontribal institution, as that term is defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)). ( G) An Asian-American and Native American Pacific Islander-serving institution, as that term is defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b)). ( c) Amount of Grant.--A grant made to a minority-serving institution or a historically Black college or university under the Program shall be not less than $250,000. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (

To require the Administrator of the Small Business Administration, in consultation with the National Director of the Minority Business Development Agency, to establish a grant program to create or expand programs at minority-serving institutions and historically Black colleges and universities that promote minority business ownership and entrepreneurship, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. ( B) A Tribal College or University, as that term is defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). ( (D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). ( F) A Native American-serving, nontribal institution, as that term is defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)). ( c) Amount of Grant.--A grant made to a minority-serving institution or a historically Black college or university under the Program shall be not less than $250,000. ( g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a Minority Entrepreneurship Advisory Board to develop recommendations regarding how minority-serving institutions and historically Black colleges and universities can better serve minority businesses and entrepreneurs. (b) Membership of Board.--The members of the Board shall be-- (1) appointed by the Administrator; and (2) individuals with-- (A) outstanding qualifications; (B) knowledge regarding the needs of small business concerns that are owned by minorities; and (C) experience-- (i) working with startups; or (ii) in providing consultation to small business concerns. ( c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (

To require the Administrator of the Small Business Administration, in consultation with the National Director of the Minority Business Development Agency, to establish a grant program to create or expand programs at minority-serving institutions and historically Black colleges and universities that promote minority business ownership and entrepreneurship, and for other purposes. 2) Board.--The term ``Board'' means the Minority Entrepreneurship Advisory Board established under section 4(a). ( (5) Minority.--The term ``minority'' includes an individual who is-- (A) Black or African American; (B) Hispanic or Latino; (C) Native or Indigenous American; (D) Asian; (E) Native Hawaiian or other Pacific Islander; (F) Native Alaskan; or (G) a member of a group that the Minority Business Development Agency of the Department of Commerce determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. ( D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). ( (F) A Native American-serving, nontribal institution, as that term is defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)). ( G) An Asian-American and Native American Pacific Islander-serving institution, as that term is defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b)). ( c) Amount of Grant.--A grant made to a minority-serving institution or a historically Black college or university under the Program shall be not less than $250,000. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (

To require the Administrator of the Small Business Administration, in consultation with the National Director of the Minority Business Development Agency, to establish a grant program to create or expand programs at minority-serving institutions and historically Black colleges and universities that promote minority business ownership and entrepreneurship, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. ( B) A Tribal College or University, as that term is defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). ( (D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). ( F) A Native American-serving, nontribal institution, as that term is defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)). ( c) Amount of Grant.--A grant made to a minority-serving institution or a historically Black college or university under the Program shall be not less than $250,000. ( g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a Minority Entrepreneurship Advisory Board to develop recommendations regarding how minority-serving institutions and historically Black colleges and universities can better serve minority businesses and entrepreneurs. (b) Membership of Board.--The members of the Board shall be-- (1) appointed by the Administrator; and (2) individuals with-- (A) outstanding qualifications; (B) knowledge regarding the needs of small business concerns that are owned by minorities; and (C) experience-- (i) working with startups; or (ii) in providing consultation to small business concerns. ( c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (

To require the Administrator of the Small Business Administration, in consultation with the National Director of the Minority Business Development Agency, to establish a grant program to create or expand programs at minority-serving institutions and historically Black colleges and universities that promote minority business ownership and entrepreneurship, and for other purposes. 2) Board.--The term ``Board'' means the Minority Entrepreneurship Advisory Board established under section 4(a). ( (5) Minority.--The term ``minority'' includes an individual who is-- (A) Black or African American; (B) Hispanic or Latino; (C) Native or Indigenous American; (D) Asian; (E) Native Hawaiian or other Pacific Islander; (F) Native Alaskan; or (G) a member of a group that the Minority Business Development Agency of the Department of Commerce determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. ( D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). ( (F) A Native American-serving, nontribal institution, as that term is defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)). ( G) An Asian-American and Native American Pacific Islander-serving institution, as that term is defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b)). ( c) Amount of Grant.--A grant made to a minority-serving institution or a historically Black college or university under the Program shall be not less than $250,000. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (

To require the Administrator of the Small Business Administration, in consultation with the National Director of the Minority Business Development Agency, to establish a grant program to create or expand programs at minority-serving institutions and historically Black colleges and universities that promote minority business ownership and entrepreneurship, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. ( B) A Tribal College or University, as that term is defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). ( (D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). ( F) A Native American-serving, nontribal institution, as that term is defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)). ( c) Amount of Grant.--A grant made to a minority-serving institution or a historically Black college or university under the Program shall be not less than $250,000. ( g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a Minority Entrepreneurship Advisory Board to develop recommendations regarding how minority-serving institutions and historically Black colleges and universities can better serve minority businesses and entrepreneurs. (b) Membership of Board.--The members of the Board shall be-- (1) appointed by the Administrator; and (2) individuals with-- (A) outstanding qualifications; (B) knowledge regarding the needs of small business concerns that are owned by minorities; and (C) experience-- (i) working with startups; or (ii) in providing consultation to small business concerns. ( c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (

To require the Administrator of the Small Business Administration, in consultation with the National Director of the Minority Business Development Agency, to establish a grant program to create or expand programs at minority-serving institutions and historically Black colleges and universities that promote minority business ownership and entrepreneurship, and for other purposes. 2) Board.--The term ``Board'' means the Minority Entrepreneurship Advisory Board established under section 4(a). ( (5) Minority.--The term ``minority'' includes an individual who is-- (A) Black or African American; (B) Hispanic or Latino; (C) Native or Indigenous American; (D) Asian; (E) Native Hawaiian or other Pacific Islander; (F) Native Alaskan; or (G) a member of a group that the Minority Business Development Agency of the Department of Commerce determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. ( D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). ( (F) A Native American-serving, nontribal institution, as that term is defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)). ( G) An Asian-American and Native American Pacific Islander-serving institution, as that term is defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b)). ( c) Amount of Grant.--A grant made to a minority-serving institution or a historically Black college or university under the Program shall be not less than $250,000. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (

Minority Entrepreneurship Grant Program Act of 2021 - Directs the Administrator of the Small Business Administration (SBA) to establish a grant program to create or expand programs at minority-serving institutions and historically Black colleges and universities that promote minority business ownership and entrepreneurship, and for other purposes. Requires the Administrator to establish the Minority Entrepreneurships Advisory Board to advise the Administrator on the Directs the Administrator of the Small Business Administration (SBA) to establish a Minority Entrepreneurship Advisory Board to develop recommendations regarding how minority-serving institutions and historically Black colleges and universities can better serve minority businesses and entrepreneurs. (Sec. 4) Requires a minority institution or historically Black college or university to which a grant is made to submit to the Administrator a mid-year and year

H.R.4187

Health

Medicare Vision Act of 2021 This bill expands Medicare coverage to include eyeglasses, contact lenses, and vision services, in accordance with specified limitations. Covered services include routine eye examinations and contact lens fittings.

To amend title XVIII of the Social Security Act to provide coverage for certain vision items and services under part B of the Medicare program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Vision Act of 2021''. SEC. 2. PROVIDING COVERAGE FOR VISION CARE UNDER THE MEDICARE PROGRAM. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (2) in subparagraph (HH), by striking the period at the end and adding ``; and''; and (3) by adding at the end the following new subparagraph: ``(II) vision services (as defined in subsection (lll));''. (b) Vision Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``(lll) Vision Services.--The term `vision services' means-- ``(1) routine eye examinations to determine the refractive state of the eyes, including procedures performed during the course of such examination; and ``(2) contact lens fitting services; furnished on or after January 1, 2024, by or under the direct supervision of an optometrist or ophthalmologist who is legally authorized to furnish such examinations, procedures, or fitting services (as applicable) under State law (or the State regulatory mechanism provided by State law) of the State in which the examinations, procedures, or fitting services are furnished.''. (c) Payment; Coinsurance; and Limitations.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``, and (EE) with respect to vision services (as defined in section 1861(lll)), the amount paid shall be equal to 80 percent of the lesser of the actual charge or the amount determined under the payment basis determined under section 1848''. (2) Limits specified.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(z) Limitation for Vision Services.--With respect to vision services (as defined in section 1861(lll)) and an individual, payment may be made under this part for only 1 routine eye examination described in paragraph (1) of such section and 1 contact lens fitting service described in paragraph (2) of such section during a 1-year period.''. (d) Payment Under Physician Fee Schedule.-- (1) In general.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(II),'' before ``(3)''. (2) Budget neutrality.--Section 1848(c)(2)(B)(iv) of the Social Security Act (42 U.S.C. 1395-w(c)(2)(B)(iv)) is amended-- (A) in subclause (III), by striking ``and'' at the end; (B) in subclause (IV), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subclause: ``(V) the amendment made by section 2(d)(1) of the Medicare Vision Act of 2021 shall not be taken into account in applying clause (ii)(II) for 2024 and 2025.''. (e) Coverage of Conventional Eyeglasses and Contact Lenses.-- Section 1861(s)(8) of the Social Security Act (42 U.S.C. 1395x(s)(8)) is amended by striking ``, and including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens'' and inserting ``, including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens, if furnished before January 1, 2024, and including conventional eyeglasses or contact lenses, whether or not furnished subsequent to such a surgery, if furnished on or after January 1, 2024''. (f) Special Payment Rules for Eyeglasses and Contact Lenses.-- (1) Limitations.--Section 1834(h) of the Social Security Act (42 U.S.C. 1395m(h)) is amended by adding at the end the following new paragraph: ``(6) Payment limitations for eyeglasses and contact lenses.-- ``(A) In general.--With respect to eyeglasses and contact lenses furnished to an individual on or after January 1, 2024, subject to subparagraph (B), payment may be made under this part only-- ``(i) during a 1-year period, for either 1 pair of eyeglasses (including lenses and frames) or a 1-year supply that is provided in not more than 180-day increments of contact lenses; ``(ii) with respect to amounts attributable to the frames of such a pair of eyeglasses and amounts attributable to contact lenses furnished during a year, in an amount not greater than-- ``(I) for 2024, $100; and ``(II) for a subsequent year, the amount specified under this subparagraph for the previous year, increased by the percentage change in the consumer price index for all urban consumers during such previous year; ``(iii) for types of eyeglass lenses, and for types of contact lenses, as determined appropriate by the Secretary; ``(iv) if furnished pursuant to a written order of a physician described in section 1861(kkk); and ``(v) if during the 1-year period described in clause (i), the individual did not already receive (as described in subparagraph (B)) one pair of conventional eyeglasses or contact lenses subsequent to a cataract surgery with insertion of an intraocular lens furnished during such period. ``(B) Exception.--With respect to a 1-year period described in subparagraph (A)(i), in the case of an individual who receives cataract surgery with insertion of an intraocular lens, notwithstanding subparagraph (A), payment may be made under this part for one pair of conventional eyeglasses or contact lenses furnished subsequent to such cataract surgery during such period.''. (2) Application of competitive acquisition.-- (A) In general.--Section 1834(h)(1)(H) of the Social Security Act (42 U.S.C. 1395m(h)(1)(H)) is amended-- (i) in the header by inserting ``, eyeglasses, and contact lenses'' after ``orthotics''; (ii) by inserting ``and of eyeglasses and contact lenses described in paragraph (2)(D) of such section,'' after ``2009,''; and (iii) in clause (i), by inserting ``or such eyeglasses and contact lenses'' after ``orthotics''. (B) Conforming amendment.-- (i) In general.--Section 1847(a)(2) of the Social Security Act (42 U.S.C. 1395w-3(a)(2)) is amended by adding at the end the following new subparagraph: ``(D) Eyeglasses and contact lenses.--Eyeglasses and contact lenses for which payment would otherwise be made under section 1834(h).''. (ii) Exemption of certain items from competitive acquisition.--Section 1847(a)(7) of the Social Security Act (42 U.S.C. 1395w- 3(a)(7)) is amended by adding at the end the following new subparagraph: ``(C) Certain eyeglasses and contact lenses.--Those items and services described in paragraph (2)(D) if furnished by a physician or other practitioner (as defined by the Secretary) to the physician's or practitioner's own patients as part of the physician's or practitioner's professional service.''. (g) Exclusion Modifications.--Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)) is amended-- (1) in subparagraph (O), by striking ``and'' at the end; (2) in subparagraph (P), by striking the semicolon at the end and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(Q) in the case of vision services (as defined in section 1861(lll)) that are routine eye examinations and contact lens fitting services (as described in paragraph (1) or (2), respectively, of such section), which are furnished more frequently than once during a 1-year period;''. (h) Repeal of Ground for Exclusion.--Section 1862(a)(7) of the Social Security Act (42 U.S.C. 1395y(a)(7)) is amended by striking ``, eyeglasses (other than eyewear described in section 1861(s)(8)) or eye examinations for the purpose of prescribing, fitting, or changing eyeglasses, procedures performed (during the course of any eye examination) to determine the refractive state of the eyes''. (i) Low Vision Aids.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall, in consultation with relevant stakeholders-- (1) undergo a review and analysis of clinically indicated magnifiers, spectacles, and other similar vision enhancement devices used to assist individuals with low vision and visual impairments; (2) based on such review identify such specific devices that are not, but which pursuant to administrative action could be, covered under the Medicare program under title XVIII of the Social Security Act coverage; and (3) take such administrative actions as are necessary to provide for such coverage of such devices so identified as the Secretary determines appropriate. SEC. 3. IMPLEMENTATION FUNDING. The Secretary of Health and Human Services shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the Centers for Medicare & Medicaid Services Program Management Account for the period of 2022 through 2026 of such sums as may be necessary for purposes of implementing the amendments made by section 2. <all>

Medicare Vision Act of 2021

To amend title XVIII of the Social Security Act to provide coverage for certain vision items and services under part B of the Medicare program.

Medicare Vision Act of 2021

Rep. Schrier, Kim

D

WA

This bill expands Medicare coverage to include eyeglasses, contact lenses, and vision services, in accordance with specified limitations. Covered services include routine eye examinations and contact lens fittings.

SHORT TITLE. 2. PROVIDING COVERAGE FOR VISION CARE UNDER THE MEDICARE PROGRAM. 1395x(s)(2)) is amended-- (1) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (2) in subparagraph (HH), by striking the period at the end and adding ``; and''; and (3) by adding at the end the following new subparagraph: ``(II) vision services (as defined in subsection (lll));''. (b) Vision Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x(s)(8)) is amended by striking ``, and including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens'' and inserting ``, including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens, if furnished before January 1, 2024, and including conventional eyeglasses or contact lenses, whether or not furnished subsequent to such a surgery, if furnished on or after January 1, 2024''. 1395m(h)) is amended by adding at the end the following new paragraph: ``(6) Payment limitations for eyeglasses and contact lenses.-- ``(A) In general.--With respect to eyeglasses and contact lenses furnished to an individual on or after January 1, 2024, subject to subparagraph (B), payment may be made under this part only-- ``(i) during a 1-year period, for either 1 pair of eyeglasses (including lenses and frames) or a 1-year supply that is provided in not more than 180-day increments of contact lenses; ``(ii) with respect to amounts attributable to the frames of such a pair of eyeglasses and amounts attributable to contact lenses furnished during a year, in an amount not greater than-- ``(I) for 2024, $100; and ``(II) for a subsequent year, the amount specified under this subparagraph for the previous year, increased by the percentage change in the consumer price index for all urban consumers during such previous year; ``(iii) for types of eyeglass lenses, and for types of contact lenses, as determined appropriate by the Secretary; ``(iv) if furnished pursuant to a written order of a physician described in section 1861(kkk); and ``(v) if during the 1-year period described in clause (i), the individual did not already receive (as described in subparagraph (B)) one pair of conventional eyeglasses or contact lenses subsequent to a cataract surgery with insertion of an intraocular lens furnished during such period. 1395m(h)(1)(H)) is amended-- (i) in the header by inserting ``, eyeglasses, and contact lenses'' after ``orthotics''; (ii) by inserting ``and of eyeglasses and contact lenses described in paragraph (2)(D) of such section,'' after ``2009,''; and (iii) in clause (i), by inserting ``or such eyeglasses and contact lenses'' after ``orthotics''. 1395y(a)(7)) is amended by striking ``, eyeglasses (other than eyewear described in section 1861(s)(8)) or eye examinations for the purpose of prescribing, fitting, or changing eyeglasses, procedures performed (during the course of any eye examination) to determine the refractive state of the eyes''. SEC. 3.

SHORT TITLE. 2. PROVIDING COVERAGE FOR VISION CARE UNDER THE MEDICARE PROGRAM. 1395x(s)(2)) is amended-- (1) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (2) in subparagraph (HH), by striking the period at the end and adding ``; and''; and (3) by adding at the end the following new subparagraph: ``(II) vision services (as defined in subsection (lll));''. (b) Vision Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x(s)(8)) is amended by striking ``, and including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens'' and inserting ``, including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens, if furnished before January 1, 2024, and including conventional eyeglasses or contact lenses, whether or not furnished subsequent to such a surgery, if furnished on or after January 1, 2024''. 1395m(h)(1)(H)) is amended-- (i) in the header by inserting ``, eyeglasses, and contact lenses'' after ``orthotics''; (ii) by inserting ``and of eyeglasses and contact lenses described in paragraph (2)(D) of such section,'' after ``2009,''; and (iii) in clause (i), by inserting ``or such eyeglasses and contact lenses'' after ``orthotics''. 1395y(a)(7)) is amended by striking ``, eyeglasses (other than eyewear described in section 1861(s)(8)) or eye examinations for the purpose of prescribing, fitting, or changing eyeglasses, procedures performed (during the course of any eye examination) to determine the refractive state of the eyes''. SEC. 3.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Vision Act of 2021''. 2. PROVIDING COVERAGE FOR VISION CARE UNDER THE MEDICARE PROGRAM. 1395x(s)(2)) is amended-- (1) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (2) in subparagraph (HH), by striking the period at the end and adding ``; and''; and (3) by adding at the end the following new subparagraph: ``(II) vision services (as defined in subsection (lll));''. (b) Vision Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. (2) Limits specified.--Section 1834 of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(II),'' before ``(3)''. 1395x(s)(8)) is amended by striking ``, and including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens'' and inserting ``, including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens, if furnished before January 1, 2024, and including conventional eyeglasses or contact lenses, whether or not furnished subsequent to such a surgery, if furnished on or after January 1, 2024''. 1395m(h)) is amended by adding at the end the following new paragraph: ``(6) Payment limitations for eyeglasses and contact lenses.-- ``(A) In general.--With respect to eyeglasses and contact lenses furnished to an individual on or after January 1, 2024, subject to subparagraph (B), payment may be made under this part only-- ``(i) during a 1-year period, for either 1 pair of eyeglasses (including lenses and frames) or a 1-year supply that is provided in not more than 180-day increments of contact lenses; ``(ii) with respect to amounts attributable to the frames of such a pair of eyeglasses and amounts attributable to contact lenses furnished during a year, in an amount not greater than-- ``(I) for 2024, $100; and ``(II) for a subsequent year, the amount specified under this subparagraph for the previous year, increased by the percentage change in the consumer price index for all urban consumers during such previous year; ``(iii) for types of eyeglass lenses, and for types of contact lenses, as determined appropriate by the Secretary; ``(iv) if furnished pursuant to a written order of a physician described in section 1861(kkk); and ``(v) if during the 1-year period described in clause (i), the individual did not already receive (as described in subparagraph (B)) one pair of conventional eyeglasses or contact lenses subsequent to a cataract surgery with insertion of an intraocular lens furnished during such period. 1395m(h)(1)(H)) is amended-- (i) in the header by inserting ``, eyeglasses, and contact lenses'' after ``orthotics''; (ii) by inserting ``and of eyeglasses and contact lenses described in paragraph (2)(D) of such section,'' after ``2009,''; and (iii) in clause (i), by inserting ``or such eyeglasses and contact lenses'' after ``orthotics''. (ii) Exemption of certain items from competitive acquisition.--Section 1847(a)(7) of the Social Security Act (42 U.S.C. (g) Exclusion Modifications.--Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)(7)) is amended by striking ``, eyeglasses (other than eyewear described in section 1861(s)(8)) or eye examinations for the purpose of prescribing, fitting, or changing eyeglasses, procedures performed (during the course of any eye examination) to determine the refractive state of the eyes''. (i) Low Vision Aids.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall, in consultation with relevant stakeholders-- (1) undergo a review and analysis of clinically indicated magnifiers, spectacles, and other similar vision enhancement devices used to assist individuals with low vision and visual impairments; (2) based on such review identify such specific devices that are not, but which pursuant to administrative action could be, covered under the Medicare program under title XVIII of the Social Security Act coverage; and (3) take such administrative actions as are necessary to provide for such coverage of such devices so identified as the Secretary determines appropriate. SEC. 3. IMPLEMENTATION FUNDING. 1395t) to the Centers for Medicare & Medicaid Services Program Management Account for the period of 2022 through 2026 of such sums as may be necessary for purposes of implementing the amendments made by section 2.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Vision Act of 2021''. 2. PROVIDING COVERAGE FOR VISION CARE UNDER THE MEDICARE PROGRAM. 1395x(s)(2)) is amended-- (1) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (2) in subparagraph (HH), by striking the period at the end and adding ``; and''; and (3) by adding at the end the following new subparagraph: ``(II) vision services (as defined in subsection (lll));''. (b) Vision Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``, and (EE) with respect to vision services (as defined in section 1861(lll)), the amount paid shall be equal to 80 percent of the lesser of the actual charge or the amount determined under the payment basis determined under section 1848''. (2) Limits specified.--Section 1834 of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(II),'' before ``(3)''. 1395-w(c)(2)(B)(iv)) is amended-- (A) in subclause (III), by striking ``and'' at the end; (B) in subclause (IV), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subclause: ``(V) the amendment made by section 2(d)(1) of the Medicare Vision Act of 2021 shall not be taken into account in applying clause (ii)(II) for 2024 and 2025.''. 1395x(s)(8)) is amended by striking ``, and including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens'' and inserting ``, including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens, if furnished before January 1, 2024, and including conventional eyeglasses or contact lenses, whether or not furnished subsequent to such a surgery, if furnished on or after January 1, 2024''. 1395m(h)) is amended by adding at the end the following new paragraph: ``(6) Payment limitations for eyeglasses and contact lenses.-- ``(A) In general.--With respect to eyeglasses and contact lenses furnished to an individual on or after January 1, 2024, subject to subparagraph (B), payment may be made under this part only-- ``(i) during a 1-year period, for either 1 pair of eyeglasses (including lenses and frames) or a 1-year supply that is provided in not more than 180-day increments of contact lenses; ``(ii) with respect to amounts attributable to the frames of such a pair of eyeglasses and amounts attributable to contact lenses furnished during a year, in an amount not greater than-- ``(I) for 2024, $100; and ``(II) for a subsequent year, the amount specified under this subparagraph for the previous year, increased by the percentage change in the consumer price index for all urban consumers during such previous year; ``(iii) for types of eyeglass lenses, and for types of contact lenses, as determined appropriate by the Secretary; ``(iv) if furnished pursuant to a written order of a physician described in section 1861(kkk); and ``(v) if during the 1-year period described in clause (i), the individual did not already receive (as described in subparagraph (B)) one pair of conventional eyeglasses or contact lenses subsequent to a cataract surgery with insertion of an intraocular lens furnished during such period. 1395m(h)(1)(H)) is amended-- (i) in the header by inserting ``, eyeglasses, and contact lenses'' after ``orthotics''; (ii) by inserting ``and of eyeglasses and contact lenses described in paragraph (2)(D) of such section,'' after ``2009,''; and (iii) in clause (i), by inserting ``or such eyeglasses and contact lenses'' after ``orthotics''. (ii) Exemption of certain items from competitive acquisition.--Section 1847(a)(7) of the Social Security Act (42 U.S.C. 1395w- 3(a)(7)) is amended by adding at the end the following new subparagraph: ``(C) Certain eyeglasses and contact lenses.--Those items and services described in paragraph (2)(D) if furnished by a physician or other practitioner (as defined by the Secretary) to the physician's or practitioner's own patients as part of the physician's or practitioner's professional service.''. (g) Exclusion Modifications.--Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)(7)) is amended by striking ``, eyeglasses (other than eyewear described in section 1861(s)(8)) or eye examinations for the purpose of prescribing, fitting, or changing eyeglasses, procedures performed (during the course of any eye examination) to determine the refractive state of the eyes''. (i) Low Vision Aids.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall, in consultation with relevant stakeholders-- (1) undergo a review and analysis of clinically indicated magnifiers, spectacles, and other similar vision enhancement devices used to assist individuals with low vision and visual impairments; (2) based on such review identify such specific devices that are not, but which pursuant to administrative action could be, covered under the Medicare program under title XVIII of the Social Security Act coverage; and (3) take such administrative actions as are necessary to provide for such coverage of such devices so identified as the Secretary determines appropriate. SEC. 3. IMPLEMENTATION FUNDING. The Secretary of Health and Human Services shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the Centers for Medicare & Medicaid Services Program Management Account for the period of 2022 through 2026 of such sums as may be necessary for purposes of implementing the amendments made by section 2.

To amend title XVIII of the Social Security Act to provide coverage for certain vision items and services under part B of the Medicare program. a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (2) in subparagraph (HH), by striking the period at the end and adding ``; and''; and (3) by adding at the end the following new subparagraph: ``(II) vision services (as defined in subsection (lll));''. ( c) Payment; Coinsurance; and Limitations.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``, and (EE) with respect to vision services (as defined in section 1861(lll)), the amount paid shall be equal to 80 percent of the lesser of the actual charge or the amount determined under the payment basis determined under section 1848''. ( 2) Limits specified.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(z) Limitation for Vision Services.--With respect to vision services (as defined in section 1861(lll)) and an individual, payment may be made under this part for only 1 routine eye examination described in paragraph (1) of such section and 1 contact lens fitting service described in paragraph (2) of such section during a 1-year period.''. ( d) Payment Under Physician Fee Schedule.-- (1) In general.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(II),'' before ``(3)''. ( 1395x(s)(8)) is amended by striking ``, and including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens'' and inserting ``, including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens, if furnished before January 1, 2024, and including conventional eyeglasses or contact lenses, whether or not furnished subsequent to such a surgery, if furnished on or after January 1, 2024''. ( f) Special Payment Rules for Eyeglasses and Contact Lenses.-- (1) Limitations.--Section 1834(h) of the Social Security Act (42 U.S.C. ``(B) Exception.--With respect to a 1-year period described in subparagraph (A)(i), in the case of an individual who receives cataract surgery with insertion of an intraocular lens, notwithstanding subparagraph (A), payment may be made under this part for one pair of conventional eyeglasses or contact lenses furnished subsequent to such cataract surgery during such period.''. ( B) Conforming amendment.-- (i) In general.--Section 1847(a)(2) of the Social Security Act (42 U.S.C. 1395w-3(a)(2)) is amended by adding at the end the following new subparagraph: ``(D) Eyeglasses and contact lenses.--Eyeglasses and contact lenses for which payment would otherwise be made under section 1834(h).''. ( 1395w- 3(a)(7)) is amended by adding at the end the following new subparagraph: ``(C) Certain eyeglasses and contact lenses.--Those items and services described in paragraph (2)(D) if furnished by a physician or other practitioner (as defined by the Secretary) to the physician's or practitioner's own patients as part of the physician's or practitioner's professional service.''. ( g) Exclusion Modifications.--Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)) is amended-- (1) in subparagraph (O), by striking ``and'' at the end; (2) in subparagraph (P), by striking the semicolon at the end and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(Q) in the case of vision services (as defined in section 1861(lll)) that are routine eye examinations and contact lens fitting services (as described in paragraph (1) or (2), respectively, of such section), which are furnished more frequently than once during a 1-year period;''. ( IMPLEMENTATION FUNDING. The Secretary of Health and Human Services shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the Centers for Medicare & Medicaid Services Program Management Account for the period of 2022 through 2026 of such sums as may be necessary for purposes of implementing the amendments made by section 2.

To amend title XVIII of the Social Security Act to provide coverage for certain vision items and services under part B of the Medicare program. c) Payment; Coinsurance; and Limitations.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``, and (EE) with respect to vision services (as defined in section 1861(lll)), the amount paid shall be equal to 80 percent of the lesser of the actual charge or the amount determined under the payment basis determined under section 1848''. ( 1395m) is amended by adding at the end the following new subsection: ``(z) Limitation for Vision Services.--With respect to vision services (as defined in section 1861(lll)) and an individual, payment may be made under this part for only 1 routine eye examination described in paragraph (1) of such section and 1 contact lens fitting service described in paragraph (2) of such section during a 1-year period.''. ( d) Payment Under Physician Fee Schedule.-- (1) In general.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(II),'' before ``(3)''. ( ``(B) Exception.--With respect to a 1-year period described in subparagraph (A)(i), in the case of an individual who receives cataract surgery with insertion of an intraocular lens, notwithstanding subparagraph (A), payment may be made under this part for one pair of conventional eyeglasses or contact lenses furnished subsequent to such cataract surgery during such period.''. ( 2) Application of competitive acquisition.-- (A) In general.--Section 1834(h)(1)(H) of the Social Security Act (42 U.S.C. 1395m(h)(1)(H)) is amended-- (i) in the header by inserting ``, eyeglasses, and contact lenses'' after ``orthotics''; (ii) by inserting ``and of eyeglasses and contact lenses described in paragraph (2)(D) of such section,'' after ``2009,''; and (iii) in clause (i), by inserting ``or such eyeglasses and contact lenses'' after ``orthotics''. (B) Conforming amendment.-- (i) In general.--Section 1847(a)(2) of the Social Security Act (42 U.S.C. 1395w-3(a)(2)) is amended by adding at the end the following new subparagraph: ``(D) Eyeglasses and contact lenses.--Eyeglasses and contact lenses for which payment would otherwise be made under section 1834(h).''. ( ii) Exemption of certain items from competitive acquisition.--Section 1847(a)(7) of the Social Security Act (42 U.S.C. 1395w- 3(a)(7)) is amended by adding at the end the following new subparagraph: ``(C) Certain eyeglasses and contact lenses.--Those items and services described in paragraph (2)(D) if furnished by a physician or other practitioner (as defined by the Secretary) to the physician's or practitioner's own patients as part of the physician's or practitioner's professional service.''. ( IMPLEMENTATION FUNDING. The Secretary of Health and Human Services shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the Centers for Medicare & Medicaid Services Program Management Account for the period of 2022 through 2026 of such sums as may be necessary for purposes of implementing the amendments made by section 2.

To amend title XVIII of the Social Security Act to provide coverage for certain vision items and services under part B of the Medicare program. c) Payment; Coinsurance; and Limitations.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``, and (EE) with respect to vision services (as defined in section 1861(lll)), the amount paid shall be equal to 80 percent of the lesser of the actual charge or the amount determined under the payment basis determined under section 1848''. ( 1395m) is amended by adding at the end the following new subsection: ``(z) Limitation for Vision Services.--With respect to vision services (as defined in section 1861(lll)) and an individual, payment may be made under this part for only 1 routine eye examination described in paragraph (1) of such section and 1 contact lens fitting service described in paragraph (2) of such section during a 1-year period.''. ( d) Payment Under Physician Fee Schedule.-- (1) In general.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(II),'' before ``(3)''. ( ``(B) Exception.--With respect to a 1-year period described in subparagraph (A)(i), in the case of an individual who receives cataract surgery with insertion of an intraocular lens, notwithstanding subparagraph (A), payment may be made under this part for one pair of conventional eyeglasses or contact lenses furnished subsequent to such cataract surgery during such period.''. ( 2) Application of competitive acquisition.-- (A) In general.--Section 1834(h)(1)(H) of the Social Security Act (42 U.S.C. 1395m(h)(1)(H)) is amended-- (i) in the header by inserting ``, eyeglasses, and contact lenses'' after ``orthotics''; (ii) by inserting ``and of eyeglasses and contact lenses described in paragraph (2)(D) of such section,'' after ``2009,''; and (iii) in clause (i), by inserting ``or such eyeglasses and contact lenses'' after ``orthotics''. (B) Conforming amendment.-- (i) In general.--Section 1847(a)(2) of the Social Security Act (42 U.S.C. 1395w-3(a)(2)) is amended by adding at the end the following new subparagraph: ``(D) Eyeglasses and contact lenses.--Eyeglasses and contact lenses for which payment would otherwise be made under section 1834(h).''. ( ii) Exemption of certain items from competitive acquisition.--Section 1847(a)(7) of the Social Security Act (42 U.S.C. 1395w- 3(a)(7)) is amended by adding at the end the following new subparagraph: ``(C) Certain eyeglasses and contact lenses.--Those items and services described in paragraph (2)(D) if furnished by a physician or other practitioner (as defined by the Secretary) to the physician's or practitioner's own patients as part of the physician's or practitioner's professional service.''. ( IMPLEMENTATION FUNDING. The Secretary of Health and Human Services shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the Centers for Medicare & Medicaid Services Program Management Account for the period of 2022 through 2026 of such sums as may be necessary for purposes of implementing the amendments made by section 2.

To amend title XVIII of the Social Security Act to provide coverage for certain vision items and services under part B of the Medicare program. a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (2) in subparagraph (HH), by striking the period at the end and adding ``; and''; and (3) by adding at the end the following new subparagraph: ``(II) vision services (as defined in subsection (lll));''. ( c) Payment; Coinsurance; and Limitations.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``, and (EE) with respect to vision services (as defined in section 1861(lll)), the amount paid shall be equal to 80 percent of the lesser of the actual charge or the amount determined under the payment basis determined under section 1848''. ( 2) Limits specified.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(z) Limitation for Vision Services.--With respect to vision services (as defined in section 1861(lll)) and an individual, payment may be made under this part for only 1 routine eye examination described in paragraph (1) of such section and 1 contact lens fitting service described in paragraph (2) of such section during a 1-year period.''. ( d) Payment Under Physician Fee Schedule.-- (1) In general.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(II),'' before ``(3)''. ( 1395x(s)(8)) is amended by striking ``, and including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens'' and inserting ``, including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens, if furnished before January 1, 2024, and including conventional eyeglasses or contact lenses, whether or not furnished subsequent to such a surgery, if furnished on or after January 1, 2024''. ( f) Special Payment Rules for Eyeglasses and Contact Lenses.-- (1) Limitations.--Section 1834(h) of the Social Security Act (42 U.S.C. ``(B) Exception.--With respect to a 1-year period described in subparagraph (A)(i), in the case of an individual who receives cataract surgery with insertion of an intraocular lens, notwithstanding subparagraph (A), payment may be made under this part for one pair of conventional eyeglasses or contact lenses furnished subsequent to such cataract surgery during such period.''. ( B) Conforming amendment.-- (i) In general.--Section 1847(a)(2) of the Social Security Act (42 U.S.C. 1395w-3(a)(2)) is amended by adding at the end the following new subparagraph: ``(D) Eyeglasses and contact lenses.--Eyeglasses and contact lenses for which payment would otherwise be made under section 1834(h).''. ( 1395w- 3(a)(7)) is amended by adding at the end the following new subparagraph: ``(C) Certain eyeglasses and contact lenses.--Those items and services described in paragraph (2)(D) if furnished by a physician or other practitioner (as defined by the Secretary) to the physician's or practitioner's own patients as part of the physician's or practitioner's professional service.''. ( g) Exclusion Modifications.--Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)) is amended-- (1) in subparagraph (O), by striking ``and'' at the end; (2) in subparagraph (P), by striking the semicolon at the end and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(Q) in the case of vision services (as defined in section 1861(lll)) that are routine eye examinations and contact lens fitting services (as described in paragraph (1) or (2), respectively, of such section), which are furnished more frequently than once during a 1-year period;''. ( IMPLEMENTATION FUNDING. The Secretary of Health and Human Services shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the Centers for Medicare & Medicaid Services Program Management Account for the period of 2022 through 2026 of such sums as may be necessary for purposes of implementing the amendments made by section 2.

To amend title XVIII of the Social Security Act to provide coverage for certain vision items and services under part B of the Medicare program. c) Payment; Coinsurance; and Limitations.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``, and (EE) with respect to vision services (as defined in section 1861(lll)), the amount paid shall be equal to 80 percent of the lesser of the actual charge or the amount determined under the payment basis determined under section 1848''. ( 1395m) is amended by adding at the end the following new subsection: ``(z) Limitation for Vision Services.--With respect to vision services (as defined in section 1861(lll)) and an individual, payment may be made under this part for only 1 routine eye examination described in paragraph (1) of such section and 1 contact lens fitting service described in paragraph (2) of such section during a 1-year period.''. ( d) Payment Under Physician Fee Schedule.-- (1) In general.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(II),'' before ``(3)''. ( ``(B) Exception.--With respect to a 1-year period described in subparagraph (A)(i), in the case of an individual who receives cataract surgery with insertion of an intraocular lens, notwithstanding subparagraph (A), payment may be made under this part for one pair of conventional eyeglasses or contact lenses furnished subsequent to such cataract surgery during such period.''. ( 2) Application of competitive acquisition.-- (A) In general.--Section 1834(h)(1)(H) of the Social Security Act (42 U.S.C. 1395m(h)(1)(H)) is amended-- (i) in the header by inserting ``, eyeglasses, and contact lenses'' after ``orthotics''; (ii) by inserting ``and of eyeglasses and contact lenses described in paragraph (2)(D) of such section,'' after ``2009,''; and (iii) in clause (i), by inserting ``or such eyeglasses and contact lenses'' after ``orthotics''. (B) Conforming amendment.-- (i) In general.--Section 1847(a)(2) of the Social Security Act (42 U.S.C. 1395w-3(a)(2)) is amended by adding at the end the following new subparagraph: ``(D) Eyeglasses and contact lenses.--Eyeglasses and contact lenses for which payment would otherwise be made under section 1834(h).''. ( ii) Exemption of certain items from competitive acquisition.--Section 1847(a)(7) of the Social Security Act (42 U.S.C. 1395w- 3(a)(7)) is amended by adding at the end the following new subparagraph: ``(C) Certain eyeglasses and contact lenses.--Those items and services described in paragraph (2)(D) if furnished by a physician or other practitioner (as defined by the Secretary) to the physician's or practitioner's own patients as part of the physician's or practitioner's professional service.''. ( IMPLEMENTATION FUNDING. The Secretary of Health and Human Services shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the Centers for Medicare & Medicaid Services Program Management Account for the period of 2022 through 2026 of such sums as may be necessary for purposes of implementing the amendments made by section 2.

To amend title XVIII of the Social Security Act to provide coverage for certain vision items and services under part B of the Medicare program. a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (2) in subparagraph (HH), by striking the period at the end and adding ``; and''; and (3) by adding at the end the following new subparagraph: ``(II) vision services (as defined in subsection (lll));''. ( c) Payment; Coinsurance; and Limitations.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``, and (EE) with respect to vision services (as defined in section 1861(lll)), the amount paid shall be equal to 80 percent of the lesser of the actual charge or the amount determined under the payment basis determined under section 1848''. ( 2) Limits specified.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(z) Limitation for Vision Services.--With respect to vision services (as defined in section 1861(lll)) and an individual, payment may be made under this part for only 1 routine eye examination described in paragraph (1) of such section and 1 contact lens fitting service described in paragraph (2) of such section during a 1-year period.''. ( d) Payment Under Physician Fee Schedule.-- (1) In general.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(II),'' before ``(3)''. ( 1395x(s)(8)) is amended by striking ``, and including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens'' and inserting ``, including one pair of conventional eyeglasses or contact lenses furnished subsequent to each cataract surgery with insertion of an intraocular lens, if furnished before January 1, 2024, and including conventional eyeglasses or contact lenses, whether or not furnished subsequent to such a surgery, if furnished on or after January 1, 2024''. ( f) Special Payment Rules for Eyeglasses and Contact Lenses.-- (1) Limitations.--Section 1834(h) of the Social Security Act (42 U.S.C. ``(B) Exception.--With respect to a 1-year period described in subparagraph (A)(i), in the case of an individual who receives cataract surgery with insertion of an intraocular lens, notwithstanding subparagraph (A), payment may be made under this part for one pair of conventional eyeglasses or contact lenses furnished subsequent to such cataract surgery during such period.''. ( B) Conforming amendment.-- (i) In general.--Section 1847(a)(2) of the Social Security Act (42 U.S.C. 1395w-3(a)(2)) is amended by adding at the end the following new subparagraph: ``(D) Eyeglasses and contact lenses.--Eyeglasses and contact lenses for which payment would otherwise be made under section 1834(h).''. ( 1395w- 3(a)(7)) is amended by adding at the end the following new subparagraph: ``(C) Certain eyeglasses and contact lenses.--Those items and services described in paragraph (2)(D) if furnished by a physician or other practitioner (as defined by the Secretary) to the physician's or practitioner's own patients as part of the physician's or practitioner's professional service.''. ( g) Exclusion Modifications.--Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)) is amended-- (1) in subparagraph (O), by striking ``and'' at the end; (2) in subparagraph (P), by striking the semicolon at the end and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(Q) in the case of vision services (as defined in section 1861(lll)) that are routine eye examinations and contact lens fitting services (as described in paragraph (1) or (2), respectively, of such section), which are furnished more frequently than once during a 1-year period;''. ( IMPLEMENTATION FUNDING. The Secretary of Health and Human Services shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the Centers for Medicare & Medicaid Services Program Management Account for the period of 2022 through 2026 of such sums as may be necessary for purposes of implementing the amendments made by section 2.

To amend title XVIII of the Social Security Act to provide coverage for certain vision items and services under part B of the Medicare program. c) Payment; Coinsurance; and Limitations.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``, and (EE) with respect to vision services (as defined in section 1861(lll)), the amount paid shall be equal to 80 percent of the lesser of the actual charge or the amount determined under the payment basis determined under section 1848''. ( 1395w-3(a)(2)) is amended by adding at the end the following new subparagraph: ``(D) Eyeglasses and contact lenses.--Eyeglasses and contact lenses for which payment would otherwise be made under section 1834(h).''. ( The Secretary of Health and Human Services shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the Centers for Medicare & Medicaid Services Program Management Account for the period of 2022 through 2026 of such sums as may be necessary for purposes of implementing the amendments made by section 2.

To amend title XVIII of the Social Security Act to provide coverage for certain vision items and services under part B of the Medicare program. a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (2) in subparagraph (HH), by striking the period at the end and adding ``; and''; and (3) by adding at the end the following new subparagraph: ``(II) vision services (as defined in subsection (lll));''. ( 1395m) is amended by adding at the end the following new subsection: ``(z) Limitation for Vision Services.--With respect to vision services (as defined in section 1861(lll)) and an individual, payment may be made under this part for only 1 routine eye examination described in paragraph (1) of such section and 1 contact lens fitting service described in paragraph (2) of such section during a 1-year period.''. ( d) Payment Under Physician Fee Schedule.-- (1) In general.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(II),'' before ``(3)''. ( ``(B) Exception.--With respect to a 1-year period described in subparagraph (A)(i), in the case of an individual who receives cataract surgery with insertion of an intraocular lens, notwithstanding subparagraph (A), payment may be made under this part for one pair of conventional eyeglasses or contact lenses furnished subsequent to such cataract surgery during such period.''. ( B) Conforming amendment.-- (i) In general.--Section 1847(a)(2) of the Social Security Act (42 U.S.C. 1395w-3(a)(2)) is amended by adding at the end the following new subparagraph: ``(D) Eyeglasses and contact lenses.--Eyeglasses and contact lenses for which payment would otherwise be made under section 1834(h).''. ( 1395y(a)) is amended-- (1) in subparagraph (O), by striking ``and'' at the end; (2) in subparagraph (P), by striking the semicolon at the end and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(Q) in the case of vision services (as defined in section 1861(lll)) that are routine eye examinations and contact lens fitting services (as described in paragraph (1) or (2), respectively, of such section), which are furnished more frequently than once during a 1-year period;''. ( IMPLEMENTATION FUNDING.

To amend title XVIII of the Social Security Act to provide coverage for certain vision items and services under part B of the Medicare program. c) Payment; Coinsurance; and Limitations.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``, and (EE) with respect to vision services (as defined in section 1861(lll)), the amount paid shall be equal to 80 percent of the lesser of the actual charge or the amount determined under the payment basis determined under section 1848''. ( 1395w-3(a)(2)) is amended by adding at the end the following new subparagraph: ``(D) Eyeglasses and contact lenses.--Eyeglasses and contact lenses for which payment would otherwise be made under section 1834(h).''. ( The Secretary of Health and Human Services shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the Centers for Medicare & Medicaid Services Program Management Account for the period of 2022 through 2026 of such sums as may be necessary for purposes of implementing the amendments made by section 2.

To amend title XVIII of the Social Security Act to provide coverage for certain vision items and services under part B of the Medicare program. a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (2) in subparagraph (HH), by striking the period at the end and adding ``; and''; and (3) by adding at the end the following new subparagraph: ``(II) vision services (as defined in subsection (lll));''. ( ( ``(B) Exception.--With respect to a 1-year period described in subparagraph (A)(i), in the case of an individual who receives cataract surgery with insertion of an intraocular lens, notwithstanding subparagraph (A), payment may be made under this part for one pair of conventional eyeglasses or contact lenses furnished subsequent to such cataract surgery during such period.''. ( 1395y(a)) is amended-- (1) in subparagraph (O), by striking ``and'' at the end; (2) in subparagraph (P), by striking the semicolon at the end and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(Q) in the case of vision services (as defined in section 1861(lll)) that are routine eye examinations and contact lens fitting services (as described in paragraph (1) or (2), respectively, of such section), which are furnished more frequently than once during a 1-year period;''. (

Medicare Vision Act of 2021 - Amends title XVIII (Medicare) of the Social Security Act to provide coverage for certain vision items and services under part B of the Medicare program. (Currently, such coverage is limited to routine eye examinations to determine the refractive state of the eyes and contact lens fitting services.) (Sec. 2) Amends the Internal Revenue Code to provide Amends title XVIII (Medicare) of the Social Security Act to: (1) exempt eyeglasses and contact lenses from competitive acquisition; (2) repeal the ground for exclusion of such items from routine eye examinations and contact lens fitting services furnished more frequently than once during a one-year period; (3) provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund

H.R.8838

Crime and Law Enforcement

Safeguard Healthcare Industry Employees from Litigation and Distress Act or the SHIELD Act This bill establishes a framework to limit interference with persons seeking to provide or access reproductive health services at the state level. For the purposes of this summary, interference with persons seeking to provide or access reproductive health services includes acts to prevent, restrict, impede, or retaliate against First, the bill reduces the allocation of funds under certain law enforcement grant programs for a state that has in effect a law authorizing state or local officers or employees to interfere with persons seeking to provide or access reproductive health services. Second, the bill prohibits interference with persons seeking to provide or access reproductive health care services The bill authorizes civil remedies for a violation, including damages and injunctive relief. Additionally, it authorizes criminal penalties for a violation involving the use of a deadly or dangerous weapon or the infliction of bodily injury.

To protect health care providers and people seeking reproductive health care services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguard Healthcare Industry Employees from Litigation and Distress Act'' or the ``SHIELD Act''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``reproductive health care service'' includes, with respect to a current, potential, or anticipated pregnancy-- (A) a diagnosis; (B) an evaluation; (C) an assessment; (D) a consultation or the provision of advice, including with respect to decision-making; (E) a treatment; and (F) an abortion-related health care service. (2) The term ``health care provider'' means any entity or individual (including any physician, certified nurse-midwife, nurse practitioner, nurse, physician's assistant, pharmacist, or other medical professional) that is-- (A) engaged or seeks to engage in decision-making related to, or the delivery of, health care services, including reproductive health care services; and (B) licensed or certified to perform such service under applicable State law. (3) The term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, the Northern Mariana Islands, each Indian tribe, and each territory or possession of the United States. SEC. 3. RESTRICTION ON CERTAIN DEPARTMENT OF JUSTICE LAW ENFORCEMENT FUNDING. (a) In General.--The funds that a State would otherwise receive under a covered grant program shall be reduced by 50 percent if the State has in effect a law that authorizes officers or employees of the State or of a unit of local government to prevent (including through criminal enforcement), restrict, impede, or retaliate against-- (1) a health care provider who seeks to initiate, provide, or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient; (2) any person or entity that seeks to assist a health care provider who seeks to initiate, provide, or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient; (3) any person who seeks to gain access to-- (A) reproductive health care services; or (B) a health care provider for the purpose of accessing reproductive health care services; or (4) any person or entity that seeks to assist another person who seeks to gain access to-- (A) reproductive health care services; or (B) a health care provider for the purpose of accessing reproductive health care services. (b) Covered Grant Program.--In this section, the term ``covered grant program'' means grants under-- (1) part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 13081 et seq.); and (2) subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.). SEC. 4. INTERFERENCE BY OFFICERS OR EMPLOYEES OF A STATE OR UNIT OF LOCAL GOVERNMENT PROHIBITED. (a) In General.--No officer or employee of a State or unit of local government may act under color of law in any manner that would have a discriminatory effect on a woman by preventing (including through criminal enforcement), restricting, impeding, or retaliating against-- (1) a health care provider who seeks to initiate, provide, or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient; (2) any person or entity that seeks to assist a health care provider who seeks to initiate, provide, or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient; (3) any person who seeks to gain access to-- (A) reproductive health care services; or (B) a health care provider for the purpose of accessing reproductive health care services; or (4) any person or entity that seeks to assist another person who seeks to gain access to-- (A) reproductive health care services; or (B) a health care provider for the purpose of accessing reproductive health care services. (b) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). (c) Private Right of Action.--Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for-- (1) declaratory and injunctive relief; (2) such compensatory damages as the court determines appropriate, including for economic losses and for emotional pain and suffering; (3) such punitive damages as the court determines appropriate; and (4) reasonable attorney's fees and costs of the action that the court determines appropriate to award to a prevailing plaintiff. (d) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. (e) No State Immunity.--A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in a Federal or State court of competent jurisdiction for a violation of this section. SEC. 5. INTERFERENCE BY PERSONS NOT OFFICERS OR EMPLOYEES OF A STATE OR UNIT OF LOCAL GOVERNMENT PROHIBITED. (a) In General.--No person who is not an officer or employee of a State or of a unit of local government, who, in a circumstance described in subsection (b), by operation of a provision of State law attempts to implement or enforce State law, may act or threaten to act in any manner to prevent, restrict, impede, or retaliate against-- (1) a health care provider who seeks to initiate, provide, or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient; (2) any person or entity that assists a health care provider who seeks to initiate, provide, or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient; (3) any person who seeks to gain access to-- (A) reproductive health care services; or (B) a health care provider for the purpose of accessing reproductive health care services; or (4) any person or entity that seeks to assist another person who seeks to gain access to-- (A) reproductive health care services; or (B) a health care provider for the purpose of accessing reproductive health care services. (b) Circumstances Described.--For the purposes of subsection (a), the circumstances described in this subsection are that-- (1) any travel in interstate or foreign commerce, or travel enabled by a means, channel, facility, or instrumentality of interstate or foreign commerce, occurred in furtherance of or in connection with the conduct described in subsection (a); (2) a means, channel, facility, or instrumentality of interstate or foreign commerce was used in furtherance of or in connection with the conduct described in subsection (a); (3) any payment of any kind was made, directly or indirectly, in furtherance of or in connection with the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce; (4) any communication was transmitted in interstate or foreign commerce, relating to or in furtherance of the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means or in manner, including by computer, mail, wire, or electromagnetic transmission; (5) any instrument, item, substance, or other object that has traveled in interstate or foreign commerce was used to perform the conduct described in subsection (a); (6) the conduct described in subsection (a) occurred within the special maritime and territorial jurisdiction of the United States, or any territory or possession of the United States; or (7) the conduct described in subsection (a) otherwise occurred in or affected interstate or foreign commerce. (c) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). (d) Private Right of Action.--Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for-- (1) declaratory and injunctive relief; (2) such compensatory damages as the court determines appropriate, including for economic losses and for emotional pain and suffering; (3) such punitive damages as the court determines appropriate; and (4) reasonable attorney's fees and costs of the action that the court determines appropriate to award to a prevailing plaintiff. (e) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. SEC. 6. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. <all>

SHIELD Act

To protect health care providers and people seeking reproductive health care services, and for other purposes.

SHIELD Act Safeguard Healthcare Industry Employees from Litigation and Distress Act

Rep. Jackson Lee, Sheila

D

TX

This bill establishes a framework to limit interference with persons seeking to provide or access reproductive health services at the state level. For the purposes of this summary, interference with persons seeking to provide or access reproductive health services includes acts to prevent, restrict, impede, or retaliate against First, the bill reduces the allocation of funds under certain law enforcement grant programs for a state that has in effect a law authorizing state or local officers or employees to interfere with persons seeking to provide or access reproductive health services. Second, the bill prohibits interference with persons seeking to provide or access reproductive health care services The bill authorizes civil remedies for a violation, including damages and injunctive relief. Additionally, it authorizes criminal penalties for a violation involving the use of a deadly or dangerous weapon or the infliction of bodily injury.

To protect health care providers and people seeking reproductive health care services, and for other purposes. SHORT TITLE. 2. 3. 4. (b) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). INTERFERENCE BY PERSONS NOT OFFICERS OR EMPLOYEES OF A STATE OR UNIT OF LOCAL GOVERNMENT PROHIBITED. (b) Circumstances Described.--For the purposes of subsection (a), the circumstances described in this subsection are that-- (1) any travel in interstate or foreign commerce, or travel enabled by a means, channel, facility, or instrumentality of interstate or foreign commerce, occurred in furtherance of or in connection with the conduct described in subsection (a); (2) a means, channel, facility, or instrumentality of interstate or foreign commerce was used in furtherance of or in connection with the conduct described in subsection (a); (3) any payment of any kind was made, directly or indirectly, in furtherance of or in connection with the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce; (4) any communication was transmitted in interstate or foreign commerce, relating to or in furtherance of the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means or in manner, including by computer, mail, wire, or electromagnetic transmission; (5) any instrument, item, substance, or other object that has traveled in interstate or foreign commerce was used to perform the conduct described in subsection (a); (6) the conduct described in subsection (a) occurred within the special maritime and territorial jurisdiction of the United States, or any territory or possession of the United States; or (7) the conduct described in subsection (a) otherwise occurred in or affected interstate or foreign commerce. SEC. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To protect health care providers and people seeking reproductive health care services, and for other purposes. SHORT TITLE. 2. 3. 4. (b) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). INTERFERENCE BY PERSONS NOT OFFICERS OR EMPLOYEES OF A STATE OR UNIT OF LOCAL GOVERNMENT PROHIBITED. (b) Circumstances Described.--For the purposes of subsection (a), the circumstances described in this subsection are that-- (1) any travel in interstate or foreign commerce, or travel enabled by a means, channel, facility, or instrumentality of interstate or foreign commerce, occurred in furtherance of or in connection with the conduct described in subsection (a); (2) a means, channel, facility, or instrumentality of interstate or foreign commerce was used in furtherance of or in connection with the conduct described in subsection (a); (3) any payment of any kind was made, directly or indirectly, in furtherance of or in connection with the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce; (4) any communication was transmitted in interstate or foreign commerce, relating to or in furtherance of the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means or in manner, including by computer, mail, wire, or electromagnetic transmission; (5) any instrument, item, substance, or other object that has traveled in interstate or foreign commerce was used to perform the conduct described in subsection (a); (6) the conduct described in subsection (a) occurred within the special maritime and territorial jurisdiction of the United States, or any territory or possession of the United States; or (7) the conduct described in subsection (a) otherwise occurred in or affected interstate or foreign commerce. SEC. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To protect health care providers and people seeking reproductive health care services, and for other purposes. SHORT TITLE. 2. DEFINITIONS. 3. (b) Covered Grant Program.--In this section, the term ``covered grant program'' means grants under-- (1) part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 13081 et seq. 4. (a) In General.--No officer or employee of a State or unit of local government may act under color of law in any manner that would have a discriminatory effect on a woman by preventing (including through criminal enforcement), restricting, impeding, or retaliating against-- (1) a health care provider who seeks to initiate, provide, or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient; (2) any person or entity that seeks to assist a health care provider who seeks to initiate, provide, or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient; (3) any person who seeks to gain access to-- (A) reproductive health care services; or (B) a health care provider for the purpose of accessing reproductive health care services; or (4) any person or entity that seeks to assist another person who seeks to gain access to-- (A) reproductive health care services; or (B) a health care provider for the purpose of accessing reproductive health care services. (b) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). INTERFERENCE BY PERSONS NOT OFFICERS OR EMPLOYEES OF A STATE OR UNIT OF LOCAL GOVERNMENT PROHIBITED. (b) Circumstances Described.--For the purposes of subsection (a), the circumstances described in this subsection are that-- (1) any travel in interstate or foreign commerce, or travel enabled by a means, channel, facility, or instrumentality of interstate or foreign commerce, occurred in furtherance of or in connection with the conduct described in subsection (a); (2) a means, channel, facility, or instrumentality of interstate or foreign commerce was used in furtherance of or in connection with the conduct described in subsection (a); (3) any payment of any kind was made, directly or indirectly, in furtherance of or in connection with the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce; (4) any communication was transmitted in interstate or foreign commerce, relating to or in furtherance of the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means or in manner, including by computer, mail, wire, or electromagnetic transmission; (5) any instrument, item, substance, or other object that has traveled in interstate or foreign commerce was used to perform the conduct described in subsection (a); (6) the conduct described in subsection (a) occurred within the special maritime and territorial jurisdiction of the United States, or any territory or possession of the United States; or (7) the conduct described in subsection (a) otherwise occurred in or affected interstate or foreign commerce. (d) Private Right of Action.--Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for-- (1) declaratory and injunctive relief; (2) such compensatory damages as the court determines appropriate, including for economic losses and for emotional pain and suffering; (3) such punitive damages as the court determines appropriate; and (4) reasonable attorney's fees and costs of the action that the court determines appropriate to award to a prevailing plaintiff. (e) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. SEC. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To protect health care providers and people seeking reproductive health care services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguard Healthcare Industry Employees from Litigation and Distress Act'' or the ``SHIELD Act''. 2. DEFINITIONS. In this Act: (1) The term ``reproductive health care service'' includes, with respect to a current, potential, or anticipated pregnancy-- (A) a diagnosis; (B) an evaluation; (C) an assessment; (D) a consultation or the provision of advice, including with respect to decision-making; (E) a treatment; and (F) an abortion-related health care service. (2) The term ``health care provider'' means any entity or individual (including any physician, certified nurse-midwife, nurse practitioner, nurse, physician's assistant, pharmacist, or other medical professional) that is-- (A) engaged or seeks to engage in decision-making related to, or the delivery of, health care services, including reproductive health care services; and (B) licensed or certified to perform such service under applicable State law. (3) The term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, the Northern Mariana Islands, each Indian tribe, and each territory or possession of the United States. 3. RESTRICTION ON CERTAIN DEPARTMENT OF JUSTICE LAW ENFORCEMENT FUNDING. (b) Covered Grant Program.--In this section, the term ``covered grant program'' means grants under-- (1) part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 13081 et seq. 10151 et seq.). 4. (a) In General.--No officer or employee of a State or unit of local government may act under color of law in any manner that would have a discriminatory effect on a woman by preventing (including through criminal enforcement), restricting, impeding, or retaliating against-- (1) a health care provider who seeks to initiate, provide, or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient; (2) any person or entity that seeks to assist a health care provider who seeks to initiate, provide, or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient; (3) any person who seeks to gain access to-- (A) reproductive health care services; or (B) a health care provider for the purpose of accessing reproductive health care services; or (4) any person or entity that seeks to assist another person who seeks to gain access to-- (A) reproductive health care services; or (B) a health care provider for the purpose of accessing reproductive health care services. (b) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). (e) No State Immunity.--A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in a Federal or State court of competent jurisdiction for a violation of this section. INTERFERENCE BY PERSONS NOT OFFICERS OR EMPLOYEES OF A STATE OR UNIT OF LOCAL GOVERNMENT PROHIBITED. (b) Circumstances Described.--For the purposes of subsection (a), the circumstances described in this subsection are that-- (1) any travel in interstate or foreign commerce, or travel enabled by a means, channel, facility, or instrumentality of interstate or foreign commerce, occurred in furtherance of or in connection with the conduct described in subsection (a); (2) a means, channel, facility, or instrumentality of interstate or foreign commerce was used in furtherance of or in connection with the conduct described in subsection (a); (3) any payment of any kind was made, directly or indirectly, in furtherance of or in connection with the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce; (4) any communication was transmitted in interstate or foreign commerce, relating to or in furtherance of the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means or in manner, including by computer, mail, wire, or electromagnetic transmission; (5) any instrument, item, substance, or other object that has traveled in interstate or foreign commerce was used to perform the conduct described in subsection (a); (6) the conduct described in subsection (a) occurred within the special maritime and territorial jurisdiction of the United States, or any territory or possession of the United States; or (7) the conduct described in subsection (a) otherwise occurred in or affected interstate or foreign commerce. (d) Private Right of Action.--Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for-- (1) declaratory and injunctive relief; (2) such compensatory damages as the court determines appropriate, including for economic losses and for emotional pain and suffering; (3) such punitive damages as the court determines appropriate; and (4) reasonable attorney's fees and costs of the action that the court determines appropriate to award to a prevailing plaintiff. (e) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. SEC. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To protect health care providers and people seeking reproductive health care services, and for other purposes. In this Act: (1) The term ``reproductive health care service'' includes, with respect to a current, potential, or anticipated pregnancy-- (A) a diagnosis; (B) an evaluation; (C) an assessment; (D) a consultation or the provision of advice, including with respect to decision-making; (E) a treatment; and (F) an abortion-related health care service. ( b) Covered Grant Program.--In this section, the term ``covered grant program'' means grants under-- (1) part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 13081 et seq. ); and (2) subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.). INTERFERENCE BY OFFICERS OR EMPLOYEES OF A STATE OR UNIT OF LOCAL GOVERNMENT PROHIBITED. ( b) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). (c) Private Right of Action.--Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for-- (1) declaratory and injunctive relief; (2) such compensatory damages as the court determines appropriate, including for economic losses and for emotional pain and suffering; (3) such punitive damages as the court determines appropriate; and (4) reasonable attorney's fees and costs of the action that the court determines appropriate to award to a prevailing plaintiff. ( d) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. ( (c) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). ( e) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both.

To protect health care providers and people seeking reproductive health care services, and for other purposes. In this Act: (1) The term ``reproductive health care service'' includes, with respect to a current, potential, or anticipated pregnancy-- (A) a diagnosis; (B) an evaluation; (C) an assessment; (D) a consultation or the provision of advice, including with respect to decision-making; (E) a treatment; and (F) an abortion-related health care service. ( b) Covered Grant Program.--In this section, the term ``covered grant program'' means grants under-- (1) part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 13081 et seq. ); and (2) subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.). b) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). ( d) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. ( INTERFERENCE BY PERSONS NOT OFFICERS OR EMPLOYEES OF A STATE OR UNIT OF LOCAL GOVERNMENT PROHIBITED. ( c) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). ( d) Private Right of Action.--Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for-- (1) declaratory and injunctive relief; (2) such compensatory damages as the court determines appropriate, including for economic losses and for emotional pain and suffering; (3) such punitive damages as the court determines appropriate; and (4) reasonable attorney's fees and costs of the action that the court determines appropriate to award to a prevailing plaintiff. (e) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To protect health care providers and people seeking reproductive health care services, and for other purposes. In this Act: (1) The term ``reproductive health care service'' includes, with respect to a current, potential, or anticipated pregnancy-- (A) a diagnosis; (B) an evaluation; (C) an assessment; (D) a consultation or the provision of advice, including with respect to decision-making; (E) a treatment; and (F) an abortion-related health care service. ( b) Covered Grant Program.--In this section, the term ``covered grant program'' means grants under-- (1) part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 13081 et seq. ); and (2) subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.). b) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). ( d) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. ( INTERFERENCE BY PERSONS NOT OFFICERS OR EMPLOYEES OF A STATE OR UNIT OF LOCAL GOVERNMENT PROHIBITED. ( c) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). ( d) Private Right of Action.--Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for-- (1) declaratory and injunctive relief; (2) such compensatory damages as the court determines appropriate, including for economic losses and for emotional pain and suffering; (3) such punitive damages as the court determines appropriate; and (4) reasonable attorney's fees and costs of the action that the court determines appropriate to award to a prevailing plaintiff. (e) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To protect health care providers and people seeking reproductive health care services, and for other purposes. In this Act: (1) The term ``reproductive health care service'' includes, with respect to a current, potential, or anticipated pregnancy-- (A) a diagnosis; (B) an evaluation; (C) an assessment; (D) a consultation or the provision of advice, including with respect to decision-making; (E) a treatment; and (F) an abortion-related health care service. ( b) Covered Grant Program.--In this section, the term ``covered grant program'' means grants under-- (1) part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 13081 et seq. ); and (2) subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.). INTERFERENCE BY OFFICERS OR EMPLOYEES OF A STATE OR UNIT OF LOCAL GOVERNMENT PROHIBITED. ( b) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). (c) Private Right of Action.--Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for-- (1) declaratory and injunctive relief; (2) such compensatory damages as the court determines appropriate, including for economic losses and for emotional pain and suffering; (3) such punitive damages as the court determines appropriate; and (4) reasonable attorney's fees and costs of the action that the court determines appropriate to award to a prevailing plaintiff. ( d) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. ( (c) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). ( e) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both.

To protect health care providers and people seeking reproductive health care services, and for other purposes. In this Act: (1) The term ``reproductive health care service'' includes, with respect to a current, potential, or anticipated pregnancy-- (A) a diagnosis; (B) an evaluation; (C) an assessment; (D) a consultation or the provision of advice, including with respect to decision-making; (E) a treatment; and (F) an abortion-related health care service. ( b) Covered Grant Program.--In this section, the term ``covered grant program'' means grants under-- (1) part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 13081 et seq. ); and (2) subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.). b) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). ( d) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. ( INTERFERENCE BY PERSONS NOT OFFICERS OR EMPLOYEES OF A STATE OR UNIT OF LOCAL GOVERNMENT PROHIBITED. ( c) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). ( d) Private Right of Action.--Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for-- (1) declaratory and injunctive relief; (2) such compensatory damages as the court determines appropriate, including for economic losses and for emotional pain and suffering; (3) such punitive damages as the court determines appropriate; and (4) reasonable attorney's fees and costs of the action that the court determines appropriate to award to a prevailing plaintiff. (e) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To protect health care providers and people seeking reproductive health care services, and for other purposes. In this Act: (1) The term ``reproductive health care service'' includes, with respect to a current, potential, or anticipated pregnancy-- (A) a diagnosis; (B) an evaluation; (C) an assessment; (D) a consultation or the provision of advice, including with respect to decision-making; (E) a treatment; and (F) an abortion-related health care service. ( b) Covered Grant Program.--In this section, the term ``covered grant program'' means grants under-- (1) part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 13081 et seq. ); and (2) subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.). INTERFERENCE BY OFFICERS OR EMPLOYEES OF A STATE OR UNIT OF LOCAL GOVERNMENT PROHIBITED. ( b) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). (c) Private Right of Action.--Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for-- (1) declaratory and injunctive relief; (2) such compensatory damages as the court determines appropriate, including for economic losses and for emotional pain and suffering; (3) such punitive damages as the court determines appropriate; and (4) reasonable attorney's fees and costs of the action that the court determines appropriate to award to a prevailing plaintiff. ( d) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. ( (c) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). ( e) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both.

To protect health care providers and people seeking reproductive health care services, and for other purposes. In this Act: (1) The term ``reproductive health care service'' includes, with respect to a current, potential, or anticipated pregnancy-- (A) a diagnosis; (B) an evaluation; (C) an assessment; (D) a consultation or the provision of advice, including with respect to decision-making; (E) a treatment; and (F) an abortion-related health care service. ( b) Covered Grant Program.--In this section, the term ``covered grant program'' means grants under-- (1) part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 13081 et seq. ); and (2) subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.). b) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). ( d) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. ( INTERFERENCE BY PERSONS NOT OFFICERS OR EMPLOYEES OF A STATE OR UNIT OF LOCAL GOVERNMENT PROHIBITED. ( c) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). ( d) Private Right of Action.--Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for-- (1) declaratory and injunctive relief; (2) such compensatory damages as the court determines appropriate, including for economic losses and for emotional pain and suffering; (3) such punitive damages as the court determines appropriate; and (4) reasonable attorney's fees and costs of the action that the court determines appropriate to award to a prevailing plaintiff. (e) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To protect health care providers and people seeking reproductive health care services, and for other purposes. In this Act: (1) The term ``reproductive health care service'' includes, with respect to a current, potential, or anticipated pregnancy-- (A) a diagnosis; (B) an evaluation; (C) an assessment; (D) a consultation or the provision of advice, including with respect to decision-making; (E) a treatment; and (F) an abortion-related health care service. ( b) Covered Grant Program.--In this section, the term ``covered grant program'' means grants under-- (1) part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 13081 et seq. ); and (2) subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.). INTERFERENCE BY OFFICERS OR EMPLOYEES OF A STATE OR UNIT OF LOCAL GOVERNMENT PROHIBITED. ( b) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). (c) Private Right of Action.--Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for-- (1) declaratory and injunctive relief; (2) such compensatory damages as the court determines appropriate, including for economic losses and for emotional pain and suffering; (3) such punitive damages as the court determines appropriate; and (4) reasonable attorney's fees and costs of the action that the court determines appropriate to award to a prevailing plaintiff. ( d) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. ( (c) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). ( e) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both.

To protect health care providers and people seeking reproductive health care services, and for other purposes. b) Enforcement by Attorney General.--The Attorney General may bring a civil action for declaratory and injunctive relief in the appropriate United States district court against any person who violates subsection (a). ( (e) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To protect health care providers and people seeking reproductive health care services, and for other purposes. b) Covered Grant Program.--In this section, the term ``covered grant program'' means grants under-- (1) part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 13081 et seq. ); (c) Private Right of Action.--Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for-- (1) declaratory and injunctive relief; (2) such compensatory damages as the court determines appropriate, including for economic losses and for emotional pain and suffering; (3) such punitive damages as the court determines appropriate; and (4) reasonable attorney's fees and costs of the action that the court determines appropriate to award to a prevailing plaintiff. ( d) Criminal Penalty.--Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. (

Safeguard Healthcare Industry Employees from Litigation and Distress Act or the SHIELD Act - Prohibits any officer or employee of a State or unit of local government from acting under color of law in any manner that would have a discriminatory effect on a woman by preventing (including through criminal enforcement), restricting, impeding, or retaliating against: (1) a health care No person who is not an officer or employee of a State or of a unit of local government, who, in a circumstance described in this Act, by operation of a provision of State law attempts to implement or enforce State law, may act or threaten to act in any manner to prevent, restrict, impede, or retaliate against: (1) a health care provider who seeks to initiate

S.160

Commerce

Small Business Innovation Voucher Act of 2021 This bill requires the Small Business Administration to establish the Innovation Voucher Grant Program to aid small businesses in carrying out research, development, or commercialization of new or innovative products and services.

To require the Administrator of the Small Business Administration to establish an Innovation Voucher Grant Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Innovation Voucher Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Eligible entity.--The term ``eligible entity'' means-- (A) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or (B) a nonprofit research lab, institution, or other similar organization in the United States associated with educational or research activities, including a federally funded research and development center. (3) Hubzone.--The term ``HUBZone'' has the meaning given the term in section 31(b) of the Small Business Act (15 U.S.C. 657a(b)). (4) Program.--The term ``Program'' means the Innovation Voucher Grant Program established under section 3. (5) Reservist.--The term ``Reservist'' means a member of a reserve component of the Armed Forces named in section 10101 of title 10, United States Code. (6) Rural area.--The term ``rural area'' means any county that the Bureau of the Census has defined as mostly rural or completely rural in the most recent decennial census. (7) Service-connected.--The term ``service-connected'' has the meaning given the term in section 101 of title 38, United States Code. (8) Small business concern; small business concern owned and controlled by veterans; small business concern owned and controlled by women.--The terms ``small business concern'', ``small business concern owned and controlled by veterans'', and ``small business concern owned and controlled by women'' have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632). (9) Small business concern in an underserved market.--The term ``small business concern in an underserved market'' means a small business concern-- (A) that is located in-- (i) a low- to moderate-income community; (ii) a HUBZone; (iii) a community that has been designated as an empowerment zone or an enterprise community under section 1391 of the Internal Revenue Code of 1986; (iv) a community that has been designated as a Promise Zone by the Secretary of Housing and Urban Development; (v) a community that has been designated as a qualified opportunity zone under section 1400Z-1 of the Internal Revenue Code of 1986; or (vi) a rural area; (B) for which more than 50 percent of the employees reside in a low- to moderate-income community; (C) that has been in existence for not more than 2 years; (D) owned and controlled by socially and economically disadvantaged individuals, including minorities; (E) owned and controlled by women; (F) owned and controlled by veterans; (G) owned and controlled by service-disabled veterans; or (H) not less than 51 percent owned and controlled by 1 or more-- (i) members of the Armed Forces participating in the Transition Assistance Program of the Department of Defense; (ii) Reservists; (iii) spouses of veterans, members of the Armed Forces, or Reservists; or (iv) surviving spouses of veterans who died on active duty or as a result of a service- connected disability. (10) Small business concern owned and controlled by socially and economically disadvantaged individuals.--The term ``small business concern owned and controlled by socially and economically disadvantaged individuals'' has the meaning given the term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)). SEC. 3. INNOVATION VOUCHER GRANT PROGRAM. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to be known as the ``Innovation Voucher Grant Program'' under which the Administrator shall, on a competitive basis and in accordance with subsection (g), award to small business concerns grants for the Federal share of the cost of purchasing from eligible entities technical assistance and services necessary to carry out projects to advance research, development, or commercialization of new or innovative products and services. (b) Purposes of Program.--The purposes of the Program are-- (1) to foster collaboration between small business concerns and research institutions or other similar organizations; (2) to facilitate access by small business concerns to capital-intensive infrastructure and advanced research capabilities; (3) to enable small business concerns to access technical expertise and capabilities that will lead to the development of innovative products; (4) to promote business dynamism and competition; (5) to stimulate United States leadership in advanced research, innovation, and technology; (6) to accelerate the development of an advanced workforce; and (7) to preserve and create new jobs. (c) Application.-- (1) In general.--A small business concern desiring a grant under the Program shall submit to the Administrator an application with the eligible entity from which the small business concern will purchase technical assistance and services using funds awarded under the grant. (2) Selection.--Not later than 180 days after the deadline established by the Administrator to submit applications under paragraph (1), the Administrator shall select the recipients of the grants under the Program. (d) Evaluation.--In evaluating an application for a grant under the Program, the Administrator shall take into consideration-- (1) the likelihood that funds awarded under the grant will be used to create or advance a novel product or service; (2) the feasibility of creating or advancing a novel product or service proposed to be created or advanced using funds awarded under the grant; and (3) whether creating or advancing a product or service proposed to be created or advanced using funds awarded under the grant could be accomplished without a grant awarded under the Program. (e) Amount.--A grant made under the Program shall be made in an amount of not less than $15,000 and not more than $75,000, which shall remain available to the grantee until expended. (f) Amounts for Small Business Concerns.-- (1) In general.--Except to the extent that the Administrator determines otherwise, not less than 40 percent of the amounts made available for the Program in a fiscal year shall be set aside and expended through-- (A) a small business concern in an underserved market; or (B) a small business concern in a region or State that has historically been underserved by Federal research and development funds. (2) Remaining amount.--Any amount that is set aside under paragraph (1) in a fiscal year that is not expended by the end of the fiscal year shall be-- (A) except as provided in subparagraph (B), available in the following fiscal year to make grants to small business concerns described in subparagraphs (A) and (B) of paragraph (1); and (B) on and after October 1, 2024, available to make grants to all small business concerns under the Program. (g) Federal Share.--The Federal share of the cost of purchasing technical assistance and services described in subsection (a) using funds awarded under a grant made under the Program shall be-- (1) not more than 75 percent, if the amount of the grant is less than $50,000; and (2) not more than 50 percent, if the amount of the grant is not less than $50,000. (h) Reports.-- (1) Reports from grant recipients.--Not later than 180 days after the date on which a project carried out under a grant awarded under the Program is completed, the recipient of the grant shall submit to the Administrator a report on the project, including-- (A) whether and how the project met the original expectations for the project; (B) how the results of the project were incorporated in the business of the grant recipient; and (C) whether and how the project improved innovation practices of the grant recipient. (2) Report of the administrator.--Not later than 2 years after the date on which the Administrator establishes the Program, and every 2 years thereafter until the date on which the amounts appropriated for the Program are expended, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on grants awarded under the Program, including-- (A) a description of the grants awarded; (B) the estimated number of products or services created or advanced under grants awarded under the Program that could have been created or advanced without grants awarded under the Program; and (C) a description of the impact of the Program on knowledge transfer and commercialization. (3) Final report of the administrator.--Not later than 180 days after the date on which amounts appropriated for the Program are expended, the Administrator shall submit to the committees described in paragraph (2) a final report containing the information described in subparagraphs (A), (B), and (C) of that paragraph. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Administrator to carry out the Program $10,000,000 for each of fiscal years 2021 through 2025, to remain available until expended. (b) Administrative Costs.--Not more than 5 percent of amounts appropriated under subsection (a) may be used for administrative costs. <all>

Small Business Innovation Voucher Act of 2021

A bill to require the Administrator of the Small Business Administration to establish an Innovation Voucher Grant Program.

Small Business Innovation Voucher Act of 2021

Sen. Cortez Masto, Catherine

D

NV

This bill requires the Small Business Administration to establish the Innovation Voucher Grant Program to aid small businesses in carrying out research, development, or commercialization of new or innovative products and services.

SHORT TITLE. 2. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. 1001); or (B) a nonprofit research lab, institution, or other similar organization in the United States associated with educational or research activities, including a federally funded research and development center. 657a(b)). (5) Reservist.--The term ``Reservist'' means a member of a reserve component of the Armed Forces named in section 10101 of title 10, United States Code. (6) Rural area.--The term ``rural area'' means any county that the Bureau of the Census has defined as mostly rural or completely rural in the most recent decennial census. (8) Small business concern; small business concern owned and controlled by veterans; small business concern owned and controlled by women.--The terms ``small business concern'', ``small business concern owned and controlled by veterans'', and ``small business concern owned and controlled by women'' have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. INNOVATION VOUCHER GRANT PROGRAM. (d) Evaluation.--In evaluating an application for a grant under the Program, the Administrator shall take into consideration-- (1) the likelihood that funds awarded under the grant will be used to create or advance a novel product or service; (2) the feasibility of creating or advancing a novel product or service proposed to be created or advanced using funds awarded under the grant; and (3) whether creating or advancing a product or service proposed to be created or advanced using funds awarded under the grant could be accomplished without a grant awarded under the Program. (e) Amount.--A grant made under the Program shall be made in an amount of not less than $15,000 and not more than $75,000, which shall remain available to the grantee until expended. (2) Remaining amount.--Any amount that is set aside under paragraph (1) in a fiscal year that is not expended by the end of the fiscal year shall be-- (A) except as provided in subparagraph (B), available in the following fiscal year to make grants to small business concerns described in subparagraphs (A) and (B) of paragraph (1); and (B) on and after October 1, 2024, available to make grants to all small business concerns under the Program. (h) Reports.-- (1) Reports from grant recipients.--Not later than 180 days after the date on which a project carried out under a grant awarded under the Program is completed, the recipient of the grant shall submit to the Administrator a report on the project, including-- (A) whether and how the project met the original expectations for the project; (B) how the results of the project were incorporated in the business of the grant recipient; and (C) whether and how the project improved innovation practices of the grant recipient. SEC. 4. (b) Administrative Costs.--Not more than 5 percent of amounts appropriated under subsection (a) may be used for administrative costs.

2. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. 1001); or (B) a nonprofit research lab, institution, or other similar organization in the United States associated with educational or research activities, including a federally funded research and development center. 657a(b)). (8) Small business concern; small business concern owned and controlled by veterans; small business concern owned and controlled by women.--The terms ``small business concern'', ``small business concern owned and controlled by veterans'', and ``small business concern owned and controlled by women'' have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. INNOVATION VOUCHER GRANT PROGRAM. (d) Evaluation.--In evaluating an application for a grant under the Program, the Administrator shall take into consideration-- (1) the likelihood that funds awarded under the grant will be used to create or advance a novel product or service; (2) the feasibility of creating or advancing a novel product or service proposed to be created or advanced using funds awarded under the grant; and (3) whether creating or advancing a product or service proposed to be created or advanced using funds awarded under the grant could be accomplished without a grant awarded under the Program. (e) Amount.--A grant made under the Program shall be made in an amount of not less than $15,000 and not more than $75,000, which shall remain available to the grantee until expended. (h) Reports.-- (1) Reports from grant recipients.--Not later than 180 days after the date on which a project carried out under a grant awarded under the Program is completed, the recipient of the grant shall submit to the Administrator a report on the project, including-- (A) whether and how the project met the original expectations for the project; (B) how the results of the project were incorporated in the business of the grant recipient; and (C) whether and how the project improved innovation practices of the grant recipient. SEC. 4. (b) Administrative Costs.--Not more than 5 percent of amounts appropriated under subsection (a) may be used for administrative costs.

SHORT TITLE. 2. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Eligible entity.--The term ``eligible entity'' means-- (A) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or (B) a nonprofit research lab, institution, or other similar organization in the United States associated with educational or research activities, including a federally funded research and development center. 657a(b)). (5) Reservist.--The term ``Reservist'' means a member of a reserve component of the Armed Forces named in section 10101 of title 10, United States Code. (6) Rural area.--The term ``rural area'' means any county that the Bureau of the Census has defined as mostly rural or completely rural in the most recent decennial census. (8) Small business concern; small business concern owned and controlled by veterans; small business concern owned and controlled by women.--The terms ``small business concern'', ``small business concern owned and controlled by veterans'', and ``small business concern owned and controlled by women'' have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. INNOVATION VOUCHER GRANT PROGRAM. (d) Evaluation.--In evaluating an application for a grant under the Program, the Administrator shall take into consideration-- (1) the likelihood that funds awarded under the grant will be used to create or advance a novel product or service; (2) the feasibility of creating or advancing a novel product or service proposed to be created or advanced using funds awarded under the grant; and (3) whether creating or advancing a product or service proposed to be created or advanced using funds awarded under the grant could be accomplished without a grant awarded under the Program. (e) Amount.--A grant made under the Program shall be made in an amount of not less than $15,000 and not more than $75,000, which shall remain available to the grantee until expended. (2) Remaining amount.--Any amount that is set aside under paragraph (1) in a fiscal year that is not expended by the end of the fiscal year shall be-- (A) except as provided in subparagraph (B), available in the following fiscal year to make grants to small business concerns described in subparagraphs (A) and (B) of paragraph (1); and (B) on and after October 1, 2024, available to make grants to all small business concerns under the Program. (h) Reports.-- (1) Reports from grant recipients.--Not later than 180 days after the date on which a project carried out under a grant awarded under the Program is completed, the recipient of the grant shall submit to the Administrator a report on the project, including-- (A) whether and how the project met the original expectations for the project; (B) how the results of the project were incorporated in the business of the grant recipient; and (C) whether and how the project improved innovation practices of the grant recipient. SEC. 4. (b) Administrative Costs.--Not more than 5 percent of amounts appropriated under subsection (a) may be used for administrative costs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Eligible entity.--The term ``eligible entity'' means-- (A) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or (B) a nonprofit research lab, institution, or other similar organization in the United States associated with educational or research activities, including a federally funded research and development center. 657a(b)). (5) Reservist.--The term ``Reservist'' means a member of a reserve component of the Armed Forces named in section 10101 of title 10, United States Code. (6) Rural area.--The term ``rural area'' means any county that the Bureau of the Census has defined as mostly rural or completely rural in the most recent decennial census. (8) Small business concern; small business concern owned and controlled by veterans; small business concern owned and controlled by women.--The terms ``small business concern'', ``small business concern owned and controlled by veterans'', and ``small business concern owned and controlled by women'' have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632). (9) Small business concern in an underserved market.--The term ``small business concern in an underserved market'' means a small business concern-- (A) that is located in-- (i) a low- to moderate-income community; (ii) a HUBZone; (iii) a community that has been designated as an empowerment zone or an enterprise community under section 1391 of the Internal Revenue Code of 1986; (iv) a community that has been designated as a Promise Zone by the Secretary of Housing and Urban Development; (v) a community that has been designated as a qualified opportunity zone under section 1400Z-1 of the Internal Revenue Code of 1986; or (vi) a rural area; (B) for which more than 50 percent of the employees reside in a low- to moderate-income community; (C) that has been in existence for not more than 2 years; (D) owned and controlled by socially and economically disadvantaged individuals, including minorities; (E) owned and controlled by women; (F) owned and controlled by veterans; (G) owned and controlled by service-disabled veterans; or (H) not less than 51 percent owned and controlled by 1 or more-- (i) members of the Armed Forces participating in the Transition Assistance Program of the Department of Defense; (ii) Reservists; (iii) spouses of veterans, members of the Armed Forces, or Reservists; or (iv) surviving spouses of veterans who died on active duty or as a result of a service- connected disability. INNOVATION VOUCHER GRANT PROGRAM. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to be known as the ``Innovation Voucher Grant Program'' under which the Administrator shall, on a competitive basis and in accordance with subsection (g), award to small business concerns grants for the Federal share of the cost of purchasing from eligible entities technical assistance and services necessary to carry out projects to advance research, development, or commercialization of new or innovative products and services. (b) Purposes of Program.--The purposes of the Program are-- (1) to foster collaboration between small business concerns and research institutions or other similar organizations; (2) to facilitate access by small business concerns to capital-intensive infrastructure and advanced research capabilities; (3) to enable small business concerns to access technical expertise and capabilities that will lead to the development of innovative products; (4) to promote business dynamism and competition; (5) to stimulate United States leadership in advanced research, innovation, and technology; (6) to accelerate the development of an advanced workforce; and (7) to preserve and create new jobs. (d) Evaluation.--In evaluating an application for a grant under the Program, the Administrator shall take into consideration-- (1) the likelihood that funds awarded under the grant will be used to create or advance a novel product or service; (2) the feasibility of creating or advancing a novel product or service proposed to be created or advanced using funds awarded under the grant; and (3) whether creating or advancing a product or service proposed to be created or advanced using funds awarded under the grant could be accomplished without a grant awarded under the Program. (e) Amount.--A grant made under the Program shall be made in an amount of not less than $15,000 and not more than $75,000, which shall remain available to the grantee until expended. (2) Remaining amount.--Any amount that is set aside under paragraph (1) in a fiscal year that is not expended by the end of the fiscal year shall be-- (A) except as provided in subparagraph (B), available in the following fiscal year to make grants to small business concerns described in subparagraphs (A) and (B) of paragraph (1); and (B) on and after October 1, 2024, available to make grants to all small business concerns under the Program. (h) Reports.-- (1) Reports from grant recipients.--Not later than 180 days after the date on which a project carried out under a grant awarded under the Program is completed, the recipient of the grant shall submit to the Administrator a report on the project, including-- (A) whether and how the project met the original expectations for the project; (B) how the results of the project were incorporated in the business of the grant recipient; and (C) whether and how the project improved innovation practices of the grant recipient. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Administrator to carry out the Program $10,000,000 for each of fiscal years 2021 through 2025, to remain available until expended. (b) Administrative Costs.--Not more than 5 percent of amounts appropriated under subsection (a) may be used for administrative costs.

To require the Administrator of the Small Business Administration to establish an Innovation Voucher Grant Program. 3) Hubzone.--The term ``HUBZone'' has the meaning given the term in section 31(b) of the Small Business Act (15 U.S.C. 657a(b)). ( (7) Service-connected.--The term ``service-connected'' has the meaning given the term in section 101 of title 38, United States Code. ( 8) Small business concern; small business concern owned and controlled by veterans; small business concern owned and controlled by women.--The terms ``small business concern'', ``small business concern owned and controlled by veterans'', and ``small business concern owned and controlled by women'' have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632). (10) Small business concern owned and controlled by socially and economically disadvantaged individuals.--The term ``small business concern owned and controlled by socially and economically disadvantaged individuals'' has the meaning given the term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)). INNOVATION VOUCHER GRANT PROGRAM. ( (c) Application.-- (1) In general.--A small business concern desiring a grant under the Program shall submit to the Administrator an application with the eligible entity from which the small business concern will purchase technical assistance and services using funds awarded under the grant. ( e) Amount.--A grant made under the Program shall be made in an amount of not less than $15,000 and not more than $75,000, which shall remain available to the grantee until expended. (f) Amounts for Small Business Concerns.-- (1) In general.--Except to the extent that the Administrator determines otherwise, not less than 40 percent of the amounts made available for the Program in a fiscal year shall be set aside and expended through-- (A) a small business concern in an underserved market; or (B) a small business concern in a region or State that has historically been underserved by Federal research and development funds. ( 2) Remaining amount.--Any amount that is set aside under paragraph (1) in a fiscal year that is not expended by the end of the fiscal year shall be-- (A) except as provided in subparagraph (B), available in the following fiscal year to make grants to small business concerns described in subparagraphs (A) and (B) of paragraph (1); and (B) on and after October 1, 2024, available to make grants to all small business concerns under the Program. ( (h) Reports.-- (1) Reports from grant recipients.--Not later than 180 days after the date on which a project carried out under a grant awarded under the Program is completed, the recipient of the grant shall submit to the Administrator a report on the project, including-- (A) whether and how the project met the original expectations for the project; (B) how the results of the project were incorporated in the business of the grant recipient; and (C) whether and how the project improved innovation practices of the grant recipient. ( (3) Final report of the administrator.--Not later than 180 days after the date on which amounts appropriated for the Program are expended, the Administrator shall submit to the committees described in paragraph (2) a final report containing the information described in subparagraphs (A), (B), and (C) of that paragraph. a) In General.--There is authorized to be appropriated to the Administrator to carry out the Program $10,000,000 for each of fiscal years 2021 through 2025, to remain available until expended. (

To require the Administrator of the Small Business Administration to establish an Innovation Voucher Grant Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 3) Hubzone.--The term ``HUBZone'' has the meaning given the term in section 31(b) of the Small Business Act (15 U.S.C. 657a(b)). ( 10) Small business concern owned and controlled by socially and economically disadvantaged individuals.--The term ``small business concern owned and controlled by socially and economically disadvantaged individuals'' has the meaning given the term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)). INNOVATION VOUCHER GRANT PROGRAM. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to be known as the ``Innovation Voucher Grant Program'' under which the Administrator shall, on a competitive basis and in accordance with subsection (g), award to small business concerns grants for the Federal share of the cost of purchasing from eligible entities technical assistance and services necessary to carry out projects to advance research, development, or commercialization of new or innovative products and services. ( d) Evaluation.--In evaluating an application for a grant under the Program, the Administrator shall take into consideration-- (1) the likelihood that funds awarded under the grant will be used to create or advance a novel product or service; (2) the feasibility of creating or advancing a novel product or service proposed to be created or advanced using funds awarded under the grant; and (3) whether creating or advancing a product or service proposed to be created or advanced using funds awarded under the grant could be accomplished without a grant awarded under the Program. (e) Amount.--A grant made under the Program shall be made in an amount of not less than $15,000 and not more than $75,000, which shall remain available to the grantee until expended. ( g) Federal Share.--The Federal share of the cost of purchasing technical assistance and services described in subsection (a) using funds awarded under a grant made under the Program shall be-- (1) not more than 75 percent, if the amount of the grant is less than $50,000; and (2) not more than 50 percent, if the amount of the grant is not less than $50,000. ( 3) Final report of the administrator.--Not later than 180 days after the date on which amounts appropriated for the Program are expended, the Administrator shall submit to the committees described in paragraph (2) a final report containing the information described in subparagraphs (A), (B), and (C) of that paragraph. a) In General.--There is authorized to be appropriated to the Administrator to carry out the Program $10,000,000 for each of fiscal years 2021 through 2025, to remain available until expended. (

To require the Administrator of the Small Business Administration to establish an Innovation Voucher Grant Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 3) Hubzone.--The term ``HUBZone'' has the meaning given the term in section 31(b) of the Small Business Act (15 U.S.C. 657a(b)). ( 10) Small business concern owned and controlled by socially and economically disadvantaged individuals.--The term ``small business concern owned and controlled by socially and economically disadvantaged individuals'' has the meaning given the term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)). INNOVATION VOUCHER GRANT PROGRAM. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to be known as the ``Innovation Voucher Grant Program'' under which the Administrator shall, on a competitive basis and in accordance with subsection (g), award to small business concerns grants for the Federal share of the cost of purchasing from eligible entities technical assistance and services necessary to carry out projects to advance research, development, or commercialization of new or innovative products and services. ( d) Evaluation.--In evaluating an application for a grant under the Program, the Administrator shall take into consideration-- (1) the likelihood that funds awarded under the grant will be used to create or advance a novel product or service; (2) the feasibility of creating or advancing a novel product or service proposed to be created or advanced using funds awarded under the grant; and (3) whether creating or advancing a product or service proposed to be created or advanced using funds awarded under the grant could be accomplished without a grant awarded under the Program. (e) Amount.--A grant made under the Program shall be made in an amount of not less than $15,000 and not more than $75,000, which shall remain available to the grantee until expended. ( g) Federal Share.--The Federal share of the cost of purchasing technical assistance and services described in subsection (a) using funds awarded under a grant made under the Program shall be-- (1) not more than 75 percent, if the amount of the grant is less than $50,000; and (2) not more than 50 percent, if the amount of the grant is not less than $50,000. ( 3) Final report of the administrator.--Not later than 180 days after the date on which amounts appropriated for the Program are expended, the Administrator shall submit to the committees described in paragraph (2) a final report containing the information described in subparagraphs (A), (B), and (C) of that paragraph. a) In General.--There is authorized to be appropriated to the Administrator to carry out the Program $10,000,000 for each of fiscal years 2021 through 2025, to remain available until expended. (

To require the Administrator of the Small Business Administration to establish an Innovation Voucher Grant Program. 3) Hubzone.--The term ``HUBZone'' has the meaning given the term in section 31(b) of the Small Business Act (15 U.S.C. 657a(b)). ( (7) Service-connected.--The term ``service-connected'' has the meaning given the term in section 101 of title 38, United States Code. ( 8) Small business concern; small business concern owned and controlled by veterans; small business concern owned and controlled by women.--The terms ``small business concern'', ``small business concern owned and controlled by veterans'', and ``small business concern owned and controlled by women'' have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632). (10) Small business concern owned and controlled by socially and economically disadvantaged individuals.--The term ``small business concern owned and controlled by socially and economically disadvantaged individuals'' has the meaning given the term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)). INNOVATION VOUCHER GRANT PROGRAM. ( (c) Application.-- (1) In general.--A small business concern desiring a grant under the Program shall submit to the Administrator an application with the eligible entity from which the small business concern will purchase technical assistance and services using funds awarded under the grant. ( e) Amount.--A grant made under the Program shall be made in an amount of not less than $15,000 and not more than $75,000, which shall remain available to the grantee until expended. (f) Amounts for Small Business Concerns.-- (1) In general.--Except to the extent that the Administrator determines otherwise, not less than 40 percent of the amounts made available for the Program in a fiscal year shall be set aside and expended through-- (A) a small business concern in an underserved market; or (B) a small business concern in a region or State that has historically been underserved by Federal research and development funds. ( 2) Remaining amount.--Any amount that is set aside under paragraph (1) in a fiscal year that is not expended by the end of the fiscal year shall be-- (A) except as provided in subparagraph (B), available in the following fiscal year to make grants to small business concerns described in subparagraphs (A) and (B) of paragraph (1); and (B) on and after October 1, 2024, available to make grants to all small business concerns under the Program. ( (h) Reports.-- (1) Reports from grant recipients.--Not later than 180 days after the date on which a project carried out under a grant awarded under the Program is completed, the recipient of the grant shall submit to the Administrator a report on the project, including-- (A) whether and how the project met the original expectations for the project; (B) how the results of the project were incorporated in the business of the grant recipient; and (C) whether and how the project improved innovation practices of the grant recipient. ( (3) Final report of the administrator.--Not later than 180 days after the date on which amounts appropriated for the Program are expended, the Administrator shall submit to the committees described in paragraph (2) a final report containing the information described in subparagraphs (A), (B), and (C) of that paragraph. a) In General.--There is authorized to be appropriated to the Administrator to carry out the Program $10,000,000 for each of fiscal years 2021 through 2025, to remain available until expended. (

To require the Administrator of the Small Business Administration to establish an Innovation Voucher Grant Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 3) Hubzone.--The term ``HUBZone'' has the meaning given the term in section 31(b) of the Small Business Act (15 U.S.C. 657a(b)). ( 10) Small business concern owned and controlled by socially and economically disadvantaged individuals.--The term ``small business concern owned and controlled by socially and economically disadvantaged individuals'' has the meaning given the term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)). INNOVATION VOUCHER GRANT PROGRAM. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to be known as the ``Innovation Voucher Grant Program'' under which the Administrator shall, on a competitive basis and in accordance with subsection (g), award to small business concerns grants for the Federal share of the cost of purchasing from eligible entities technical assistance and services necessary to carry out projects to advance research, development, or commercialization of new or innovative products and services. ( d) Evaluation.--In evaluating an application for a grant under the Program, the Administrator shall take into consideration-- (1) the likelihood that funds awarded under the grant will be used to create or advance a novel product or service; (2) the feasibility of creating or advancing a novel product or service proposed to be created or advanced using funds awarded under the grant; and (3) whether creating or advancing a product or service proposed to be created or advanced using funds awarded under the grant could be accomplished without a grant awarded under the Program. (e) Amount.--A grant made under the Program shall be made in an amount of not less than $15,000 and not more than $75,000, which shall remain available to the grantee until expended. ( g) Federal Share.--The Federal share of the cost of purchasing technical assistance and services described in subsection (a) using funds awarded under a grant made under the Program shall be-- (1) not more than 75 percent, if the amount of the grant is less than $50,000; and (2) not more than 50 percent, if the amount of the grant is not less than $50,000. ( 3) Final report of the administrator.--Not later than 180 days after the date on which amounts appropriated for the Program are expended, the Administrator shall submit to the committees described in paragraph (2) a final report containing the information described in subparagraphs (A), (B), and (C) of that paragraph. a) In General.--There is authorized to be appropriated to the Administrator to carry out the Program $10,000,000 for each of fiscal years 2021 through 2025, to remain available until expended. (

To require the Administrator of the Small Business Administration to establish an Innovation Voucher Grant Program. 3) Hubzone.--The term ``HUBZone'' has the meaning given the term in section 31(b) of the Small Business Act (15 U.S.C. 657a(b)). ( (7) Service-connected.--The term ``service-connected'' has the meaning given the term in section 101 of title 38, United States Code. ( 8) Small business concern; small business concern owned and controlled by veterans; small business concern owned and controlled by women.--The terms ``small business concern'', ``small business concern owned and controlled by veterans'', and ``small business concern owned and controlled by women'' have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632). (10) Small business concern owned and controlled by socially and economically disadvantaged individuals.--The term ``small business concern owned and controlled by socially and economically disadvantaged individuals'' has the meaning given the term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)). INNOVATION VOUCHER GRANT PROGRAM. ( (c) Application.-- (1) In general.--A small business concern desiring a grant under the Program shall submit to the Administrator an application with the eligible entity from which the small business concern will purchase technical assistance and services using funds awarded under the grant. ( e) Amount.--A grant made under the Program shall be made in an amount of not less than $15,000 and not more than $75,000, which shall remain available to the grantee until expended. (f) Amounts for Small Business Concerns.-- (1) In general.--Except to the extent that the Administrator determines otherwise, not less than 40 percent of the amounts made available for the Program in a fiscal year shall be set aside and expended through-- (A) a small business concern in an underserved market; or (B) a small business concern in a region or State that has historically been underserved by Federal research and development funds. ( 2) Remaining amount.--Any amount that is set aside under paragraph (1) in a fiscal year that is not expended by the end of the fiscal year shall be-- (A) except as provided in subparagraph (B), available in the following fiscal year to make grants to small business concerns described in subparagraphs (A) and (B) of paragraph (1); and (B) on and after October 1, 2024, available to make grants to all small business concerns under the Program. ( (h) Reports.-- (1) Reports from grant recipients.--Not later than 180 days after the date on which a project carried out under a grant awarded under the Program is completed, the recipient of the grant shall submit to the Administrator a report on the project, including-- (A) whether and how the project met the original expectations for the project; (B) how the results of the project were incorporated in the business of the grant recipient; and (C) whether and how the project improved innovation practices of the grant recipient. ( (3) Final report of the administrator.--Not later than 180 days after the date on which amounts appropriated for the Program are expended, the Administrator shall submit to the committees described in paragraph (2) a final report containing the information described in subparagraphs (A), (B), and (C) of that paragraph. a) In General.--There is authorized to be appropriated to the Administrator to carry out the Program $10,000,000 for each of fiscal years 2021 through 2025, to remain available until expended. (

To require the Administrator of the Small Business Administration to establish an Innovation Voucher Grant Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 3) Hubzone.--The term ``HUBZone'' has the meaning given the term in section 31(b) of the Small Business Act (15 U.S.C. 657a(b)). ( 10) Small business concern owned and controlled by socially and economically disadvantaged individuals.--The term ``small business concern owned and controlled by socially and economically disadvantaged individuals'' has the meaning given the term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)). INNOVATION VOUCHER GRANT PROGRAM. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to be known as the ``Innovation Voucher Grant Program'' under which the Administrator shall, on a competitive basis and in accordance with subsection (g), award to small business concerns grants for the Federal share of the cost of purchasing from eligible entities technical assistance and services necessary to carry out projects to advance research, development, or commercialization of new or innovative products and services. ( d) Evaluation.--In evaluating an application for a grant under the Program, the Administrator shall take into consideration-- (1) the likelihood that funds awarded under the grant will be used to create or advance a novel product or service; (2) the feasibility of creating or advancing a novel product or service proposed to be created or advanced using funds awarded under the grant; and (3) whether creating or advancing a product or service proposed to be created or advanced using funds awarded under the grant could be accomplished without a grant awarded under the Program. (e) Amount.--A grant made under the Program shall be made in an amount of not less than $15,000 and not more than $75,000, which shall remain available to the grantee until expended. ( g) Federal Share.--The Federal share of the cost of purchasing technical assistance and services described in subsection (a) using funds awarded under a grant made under the Program shall be-- (1) not more than 75 percent, if the amount of the grant is less than $50,000; and (2) not more than 50 percent, if the amount of the grant is not less than $50,000. ( 3) Final report of the administrator.--Not later than 180 days after the date on which amounts appropriated for the Program are expended, the Administrator shall submit to the committees described in paragraph (2) a final report containing the information described in subparagraphs (A), (B), and (C) of that paragraph. a) In General.--There is authorized to be appropriated to the Administrator to carry out the Program $10,000,000 for each of fiscal years 2021 through 2025, to remain available until expended. (

To require the Administrator of the Small Business Administration to establish an Innovation Voucher Grant Program. 10) Small business concern owned and controlled by socially and economically disadvantaged individuals.--The term ``small business concern owned and controlled by socially and economically disadvantaged individuals'' has the meaning given the term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)). ( e) Amount.--A grant made under the Program shall be made in an amount of not less than $15,000 and not more than $75,000, which shall remain available to the grantee until expended. ( f) Amounts for Small Business Concerns.-- (1) In general.--Except to the extent that the Administrator determines otherwise, not less than 40 percent of the amounts made available for the Program in a fiscal year shall be set aside and expended through-- (A) a small business concern in an underserved market; or (B) a small business concern in a region or State that has historically been underserved by Federal research and development funds. ( ( (h) Reports.-- (1) Reports from grant recipients.--Not later than 180 days after the date on which a project carried out under a grant awarded under the Program is completed, the recipient of the grant shall submit to the Administrator a report on the project, including-- (A) whether and how the project met the original expectations for the project; (B) how the results of the project were incorporated in the business of the grant recipient; and (C) whether and how the project improved innovation practices of the grant recipient. ( ( 3) Final report of the administrator.--Not later than 180 days after the date on which amounts appropriated for the Program are expended, the Administrator shall submit to the committees described in paragraph (2) a final report containing the information described in subparagraphs (A), (B), and (C) of that paragraph.

To require the Administrator of the Small Business Administration to establish an Innovation Voucher Grant Program. a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to be known as the ``Innovation Voucher Grant Program'' under which the Administrator shall, on a competitive basis and in accordance with subsection (g), award to small business concerns grants for the Federal share of the cost of purchasing from eligible entities technical assistance and services necessary to carry out projects to advance research, development, or commercialization of new or innovative products and services. ( ( g) Federal Share.--The Federal share of the cost of purchasing technical assistance and services described in subsection (a) using funds awarded under a grant made under the Program shall be-- (1) not more than 75 percent, if the amount of the grant is less than $50,000; and (2) not more than 50 percent, if the amount of the grant is not less than $50,000. ( 3) Final report of the administrator.--Not later than 180 days after the date on which amounts appropriated for the Program are expended, the Administrator shall submit to the committees described in paragraph (2) a final report containing the information described in subparagraphs (A), (B), and (C) of that paragraph.

To require the Administrator of the Small Business Administration to establish an Innovation Voucher Grant Program. 10) Small business concern owned and controlled by socially and economically disadvantaged individuals.--The term ``small business concern owned and controlled by socially and economically disadvantaged individuals'' has the meaning given the term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)). ( e) Amount.--A grant made under the Program shall be made in an amount of not less than $15,000 and not more than $75,000, which shall remain available to the grantee until expended. ( f) Amounts for Small Business Concerns.-- (1) In general.--Except to the extent that the Administrator determines otherwise, not less than 40 percent of the amounts made available for the Program in a fiscal year shall be set aside and expended through-- (A) a small business concern in an underserved market; or (B) a small business concern in a region or State that has historically been underserved by Federal research and development funds. ( ( (h) Reports.-- (1) Reports from grant recipients.--Not later than 180 days after the date on which a project carried out under a grant awarded under the Program is completed, the recipient of the grant shall submit to the Administrator a report on the project, including-- (A) whether and how the project met the original expectations for the project; (B) how the results of the project were incorporated in the business of the grant recipient; and (C) whether and how the project improved innovation practices of the grant recipient. ( ( 3) Final report of the administrator.--Not later than 180 days after the date on which amounts appropriated for the Program are expended, the Administrator shall submit to the committees described in paragraph (2) a final report containing the information described in subparagraphs (A), (B), and (C) of that paragraph.

Small Business Innovation Voucher Act of 2021 - Directs the Administrator of the Small Business Administration (SBA) to establish an Innovation VOUcher Grant Program to award competitive grants to small business concerns to advance research and development capabilities and advance access to capital by small businesses to purchase advanced products and services. Requires the Administrator to award such grants on a competitive basis to small businesses located in Authorizes appropriations for FY2021-FY2024 for the Small Business Innovation Research and Development Program (SBIRDP). (Sec. 4) Authorizes the Administrator of SBIRPD to make grants to small businesses in underserved markets or regions. (Sec 5) Requires the Federal share of the cost of purchasing technical assistance and services using funds awarded under a grant made

H.R.469

Health

Comprehensive Breast Reconstruction Act of 2021 This bill provides for Medicare, Medicaid, and private health insurance coverage of certain tattooing services in connection with post-mastectomy breast reconstruction, and aligns the scope of Medicare and Medicaid coverage of such breast reconstruction with that of private health insurance. Specifically, the bill provides for coverage of reconstructive tattooing services that are performed by a health care practitioner or state-licensed tattoo artist pursuant to a physician prescription, and expands Medicare and Medicaid coverage to include all stages of reconstruction, surgery to produce a symmetrical appearance, and prostheses and physical complications of mastectomies (e.g., lymphedemas).

To amend the Employee Retirement Income Security Act of 1974 to provide for health coverage of nipple-areolar complex tattooing in connection with reconstructive surgery following mastectomy and to amend titles XVIII and XIX of the Social Security Act to extend coverage of certain breast reconstructive services following mastectomy under the Medicare and Medicaid programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Breast Reconstruction Act of 2021''. SEC. 2. PROVIDING FOR HEALTH COVERAGE OF NIPPLE-AREOLAR COMPLEX TATTOOING IN CONNECTION WITH RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMY; EXTENDING COVERAGE OF BREAST RECONSTRUCTIVE SERVICES FOLLOWING MASTECTOMY UNDER MEDICARE AND MEDICAID. (a) Private Health Insurance Coverage and Group Health Plans.-- (1) In general.--Section 713(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185b(a)) is amended-- (A) in paragraph (2), by striking at the end ``and''; (B) in paragraph (3), by adding at the end ``and''; (C) by inserting after paragraph (3) the following new paragraph: ``(4) tattooing of the nipple-areolar complex pursuant to or as part of such reconstruction if such tattooing is performed by a physician, physician extender (as defined in section 1834(x) of the Social Security Act, or State-licensed tattoo artist (as defined in such section), as prescribed by a physician;''; and (D) by adding at the end of the flush matter following paragraph (4), as inserted by subparagraph (C), the following: ``Tattooing of the nipple-areolar complex described in paragraph (4) shall be deemed to be medically reasonable and necessary.''. (2) Effective dates.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act. (B) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) January 1 of the first year beginning at least one year after the date of the enactment of this Act. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this subsection shall not be treated as a termination of such collective bargaining agreement. (b) Medicare Coverage.-- (1) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking at the end ``and''; (B) in subparagraph (HH), by inserting at the end ``; and''; and (C) by adding at the end the following new subparagraph: ``(II) qualifying reconstructive breast surgery services (as defined in subsection (kkk)).''. (2) Definition.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``(kkk) Qualifying Reconstructive Breast Surgery Services.--The term `qualifying reconstructive breast surgery services' means, in the case of an individual who has a mastectomy, breast reconstruction in connection with such mastectomy, including-- ``(1) all stages of reconstruction of the breast on which the mastectomy has been performed; ``(2) surgery and reconstruction of the other breast to produce a symmetrical appearance; ``(3) prostheses and physical complications of mastectomy, including lymphedemas; and ``(4) tattooing of the nipple-areolar complex pursuant to or as part of such reconstruction if such tattooing is performed by a physician, physician extender, or State-licensed tattoo artist (as such terms are defined in section 1834(x), as prescribed by a physician; in a manner determined in consultation with the attending physician and the individual.''. (3) Payment.-- (A) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and (DD)'' and inserting ``(DD)''; and (ii) by inserting before the semicolon at the end the following `` and (EE) with respect to qualifying reconstructive breast surgery services (as defined in section 1861(kkk)), the amount paid shall be equal to the amount payable in accordance with section 1834(x)''. (B) Payment determination.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(x) Qualifying Reconstructive Breast Surgery Services.-- ``(1) In general.--With respect to qualifying reconstructive breast surgery services described in section 1861(kkk)(4) for which payment is determined under this subsection, payment shall be made in an amount equal to 100 percent of the reasonable and customary amount for nipple areolar tattooing, determined according to the reimbursement rates for CPT codes 11920, 11921, and 11922 (or any successor to such codes). ``(2) Reasonable and necessary treatment.--Qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be reasonable and necessary for purposes of section 1862(a)(1)(A). ``(3) Physician extender.--For purposes of this subsection and section 1861(kkk)(4), the term `physician extender' means a health care practitioner who is not a physician and who is licensed or certified by the State in which the practitioner if furnishing services to furnish items or services typically furnished by a physician, such as a nurse practitioner or physician assistant. ``(4) State-licensed tattoo artist.--For purposes of this subsection and section 1861(kkk)(4), the term `State-licensed tattoo artist' means an individual (as specified by the law of the State in which the individual is licensed in performing permanent body art and in which they are so practicing such art) who maintains all public health, safety, and welfare standards and regulations set forth by the State, including all sterilization, sanitation, and safety regulations for tattoo parlors and salons, tattoo inks, tattoo instruments, and any other related paraphernalia, as well as allowing the individual to perform the procedure in the prescribing physician's place of business with the consent of the physician and the patient, abiding by all such standards and regulations.''. (4) Including certain tattoo artists as medicare providers for purposes of tattooing of the nipple-areolar complex after mastectomy.--Section 1866(j)(1) of the Social Security Act (42 U.S.C. 1395cc(j)(1)) is amended by adding at the end the following new subparagraph: ``(D) Including certain tattoo artists for purposes of tattooing of the nipple-areolar complex after mastectomy.--For purposes of this section, the term `supplier' shall include a State-licensed tattoo artist (as defined in section 1834(x)), but only with respect to the tattooing of the nipple-areolar complex pursuant to or as part of reconstructive surgery following a medically necessary mastectomy and if such tattooing is prescribed by a physician.''. (5) Effective date.--The amendments made by this subsection shall apply with respect to items and services furnished on or after January 1 of the first year beginning after the date of the enactment of this Act. (c) Medicaid Coverage.-- (1) In general.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (A) by redesignating paragraph (30) as paragraph (31); (B) in paragraph (29), by striking at the end ``and''; (C) by inserting after paragraph (29) the following new paragraph: ``(30) qualifying reconstructive breast surgery services (as defined in section 1861(kkk)); and''; and (D) by adding at the end of the flush matter following paragraph (31), as redesignated by subparagraph (A), the following new sentence: ``For purposes of paragraph (30), qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be medically reasonable and necessary.''. (2) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall take effect with respect to medical assistance provided on or after January 1 of the first year beginning after the date of the enactment of this Act. (B) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by the amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. <all>

Comprehensive Breast Reconstruction Act of 2021

To amend the Employee Retirement Income Security Act of 1974 to provide for health coverage of nipple-areolar complex tattooing in connection with reconstructive surgery following mastectomy and to amend titles XVIII and XIX of the Social Security Act to extend coverage of certain breast reconstructive services following mastectomy under the Medicare and Medicaid programs.

Comprehensive Breast Reconstruction Act of 2021

Rep. Hastings, Alcee L.

D

FL

This bill provides for Medicare, Medicaid, and private health insurance coverage of certain tattooing services in connection with post-mastectomy breast reconstruction, and aligns the scope of Medicare and Medicaid coverage of such breast reconstruction with that of private health insurance. Specifically, the bill provides for coverage of reconstructive tattooing services that are performed by a health care practitioner or state-licensed tattoo artist pursuant to a physician prescription, and expands Medicare and Medicaid coverage to include all stages of reconstruction, surgery to produce a symmetrical appearance, and prostheses and physical complications of mastectomies (e.g., lymphedemas).

SHORT TITLE. This Act may be cited as the ``Comprehensive Breast Reconstruction Act of 2021''. PROVIDING FOR HEALTH COVERAGE OF NIPPLE-AREOLAR COMPLEX TATTOOING IN CONNECTION WITH RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMY; EXTENDING COVERAGE OF BREAST RECONSTRUCTIVE SERVICES FOLLOWING MASTECTOMY UNDER MEDICARE AND MEDICAID. (2) Effective dates.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act. (B) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) January 1 of the first year beginning at least one year after the date of the enactment of this Act. (2) Definition.--Section 1861 of the Social Security Act (42 U.S.C. ``(3) Physician extender.--For purposes of this subsection and section 1861(kkk)(4), the term `physician extender' means a health care practitioner who is not a physician and who is licensed or certified by the State in which the practitioner if furnishing services to furnish items or services typically furnished by a physician, such as a nurse practitioner or physician assistant. ``(4) State-licensed tattoo artist.--For purposes of this subsection and section 1861(kkk)(4), the term `State-licensed tattoo artist' means an individual (as specified by the law of the State in which the individual is licensed in performing permanent body art and in which they are so practicing such art) who maintains all public health, safety, and welfare standards and regulations set forth by the State, including all sterilization, sanitation, and safety regulations for tattoo parlors and salons, tattoo inks, tattoo instruments, and any other related paraphernalia, as well as allowing the individual to perform the procedure in the prescribing physician's place of business with the consent of the physician and the patient, abiding by all such standards and regulations.''. 1396d(a)) is amended-- (A) by redesignating paragraph (30) as paragraph (31); (B) in paragraph (29), by striking at the end ``and''; (C) by inserting after paragraph (29) the following new paragraph: ``(30) qualifying reconstructive breast surgery services (as defined in section 1861(kkk)); and''; and (D) by adding at the end of the flush matter following paragraph (31), as redesignated by subparagraph (A), the following new sentence: ``For purposes of paragraph (30), qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be medically reasonable and necessary.''.

SHORT TITLE. PROVIDING FOR HEALTH COVERAGE OF NIPPLE-AREOLAR COMPLEX TATTOOING IN CONNECTION WITH RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMY; EXTENDING COVERAGE OF BREAST RECONSTRUCTIVE SERVICES FOLLOWING MASTECTOMY UNDER MEDICARE AND MEDICAID. (2) Effective dates.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act. (B) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) January 1 of the first year beginning at least one year after the date of the enactment of this Act. (2) Definition.--Section 1861 of the Social Security Act (42 U.S.C. ``(3) Physician extender.--For purposes of this subsection and section 1861(kkk)(4), the term `physician extender' means a health care practitioner who is not a physician and who is licensed or certified by the State in which the practitioner if furnishing services to furnish items or services typically furnished by a physician, such as a nurse practitioner or physician assistant. 1396d(a)) is amended-- (A) by redesignating paragraph (30) as paragraph (31); (B) in paragraph (29), by striking at the end ``and''; (C) by inserting after paragraph (29) the following new paragraph: ``(30) qualifying reconstructive breast surgery services (as defined in section 1861(kkk)); and''; and (D) by adding at the end of the flush matter following paragraph (31), as redesignated by subparagraph (A), the following new sentence: ``For purposes of paragraph (30), qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be medically reasonable and necessary.''.

Be it enacted by the Senate 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 Breast Reconstruction Act of 2021''. SEC. PROVIDING FOR HEALTH COVERAGE OF NIPPLE-AREOLAR COMPLEX TATTOOING IN CONNECTION WITH RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMY; EXTENDING COVERAGE OF BREAST RECONSTRUCTIVE SERVICES FOLLOWING MASTECTOMY UNDER MEDICARE AND MEDICAID. (2) Effective dates.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act. (B) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) January 1 of the first year beginning at least one year after the date of the enactment of this Act. (2) Definition.--Section 1861 of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and (DD)'' and inserting ``(DD)''; and (ii) by inserting before the semicolon at the end the following `` and (EE) with respect to qualifying reconstructive breast surgery services (as defined in section 1861(kkk)), the amount paid shall be equal to the amount payable in accordance with section 1834(x)''. (B) Payment determination.--Section 1834 of the Social Security Act (42 U.S.C. ``(3) Physician extender.--For purposes of this subsection and section 1861(kkk)(4), the term `physician extender' means a health care practitioner who is not a physician and who is licensed or certified by the State in which the practitioner if furnishing services to furnish items or services typically furnished by a physician, such as a nurse practitioner or physician assistant. ``(4) State-licensed tattoo artist.--For purposes of this subsection and section 1861(kkk)(4), the term `State-licensed tattoo artist' means an individual (as specified by the law of the State in which the individual is licensed in performing permanent body art and in which they are so practicing such art) who maintains all public health, safety, and welfare standards and regulations set forth by the State, including all sterilization, sanitation, and safety regulations for tattoo parlors and salons, tattoo inks, tattoo instruments, and any other related paraphernalia, as well as allowing the individual to perform the procedure in the prescribing physician's place of business with the consent of the physician and the patient, abiding by all such standards and regulations.''. 1396d(a)) is amended-- (A) by redesignating paragraph (30) as paragraph (31); (B) in paragraph (29), by striking at the end ``and''; (C) by inserting after paragraph (29) the following new paragraph: ``(30) qualifying reconstructive breast surgery services (as defined in section 1861(kkk)); and''; and (D) by adding at the end of the flush matter following paragraph (31), as redesignated by subparagraph (A), the following new sentence: ``For purposes of paragraph (30), qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be medically reasonable and necessary.''. 1396 et seq.) that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by the amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.

To amend the Employee Retirement Income Security Act of 1974 to provide for health coverage of nipple-areolar complex tattooing in connection with reconstructive surgery following mastectomy and to amend titles XVIII and XIX of the Social Security Act to extend coverage of certain breast reconstructive services following mastectomy under the Medicare and Medicaid programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Breast Reconstruction Act of 2021''. SEC. PROVIDING FOR HEALTH COVERAGE OF NIPPLE-AREOLAR COMPLEX TATTOOING IN CONNECTION WITH RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMY; EXTENDING COVERAGE OF BREAST RECONSTRUCTIVE SERVICES FOLLOWING MASTECTOMY UNDER MEDICARE AND MEDICAID. (2) Effective dates.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act. (B) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) January 1 of the first year beginning at least one year after the date of the enactment of this Act. (2) Definition.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``(kkk) Qualifying Reconstructive Breast Surgery Services.--The term `qualifying reconstructive breast surgery services' means, in the case of an individual who has a mastectomy, breast reconstruction in connection with such mastectomy, including-- ``(1) all stages of reconstruction of the breast on which the mastectomy has been performed; ``(2) surgery and reconstruction of the other breast to produce a symmetrical appearance; ``(3) prostheses and physical complications of mastectomy, including lymphedemas; and ``(4) tattooing of the nipple-areolar complex pursuant to or as part of such reconstruction if such tattooing is performed by a physician, physician extender, or State-licensed tattoo artist (as such terms are defined in section 1834(x), as prescribed by a physician; in a manner determined in consultation with the attending physician and the individual.''. 1395l(a)(1)) is amended-- (i) by striking ``and (DD)'' and inserting ``(DD)''; and (ii) by inserting before the semicolon at the end the following `` and (EE) with respect to qualifying reconstructive breast surgery services (as defined in section 1861(kkk)), the amount paid shall be equal to the amount payable in accordance with section 1834(x)''. (B) Payment determination.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(x) Qualifying Reconstructive Breast Surgery Services.-- ``(1) In general.--With respect to qualifying reconstructive breast surgery services described in section 1861(kkk)(4) for which payment is determined under this subsection, payment shall be made in an amount equal to 100 percent of the reasonable and customary amount for nipple areolar tattooing, determined according to the reimbursement rates for CPT codes 11920, 11921, and 11922 (or any successor to such codes). ``(3) Physician extender.--For purposes of this subsection and section 1861(kkk)(4), the term `physician extender' means a health care practitioner who is not a physician and who is licensed or certified by the State in which the practitioner if furnishing services to furnish items or services typically furnished by a physician, such as a nurse practitioner or physician assistant. ``(4) State-licensed tattoo artist.--For purposes of this subsection and section 1861(kkk)(4), the term `State-licensed tattoo artist' means an individual (as specified by the law of the State in which the individual is licensed in performing permanent body art and in which they are so practicing such art) who maintains all public health, safety, and welfare standards and regulations set forth by the State, including all sterilization, sanitation, and safety regulations for tattoo parlors and salons, tattoo inks, tattoo instruments, and any other related paraphernalia, as well as allowing the individual to perform the procedure in the prescribing physician's place of business with the consent of the physician and the patient, abiding by all such standards and regulations.''. 1396d(a)) is amended-- (A) by redesignating paragraph (30) as paragraph (31); (B) in paragraph (29), by striking at the end ``and''; (C) by inserting after paragraph (29) the following new paragraph: ``(30) qualifying reconstructive breast surgery services (as defined in section 1861(kkk)); and''; and (D) by adding at the end of the flush matter following paragraph (31), as redesignated by subparagraph (A), the following new sentence: ``For purposes of paragraph (30), qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be medically reasonable and necessary.''. 1396 et seq.) that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by the amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.

To amend the Employee Retirement Income Security Act of 1974 to provide for health coverage of nipple-areolar complex tattooing in connection with reconstructive surgery following mastectomy and to amend titles XVIII and XIX of the Social Security Act to extend coverage of certain breast reconstructive services following mastectomy under the Medicare and Medicaid programs. PROVIDING FOR HEALTH COVERAGE OF NIPPLE-AREOLAR COMPLEX TATTOOING IN CONNECTION WITH RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMY; EXTENDING COVERAGE OF BREAST RECONSTRUCTIVE SERVICES FOLLOWING MASTECTOMY UNDER MEDICARE AND MEDICAID. ( 2) Effective dates.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this subsection shall not be treated as a termination of such collective bargaining agreement. ( b) Medicare Coverage.-- (1) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking at the end ``and''; (B) in subparagraph (HH), by inserting at the end ``; and''; and (C) by adding at the end the following new subparagraph: ``(II) qualifying reconstructive breast surgery services (as defined in subsection (kkk)).''. ( 3) Payment.-- (A) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and (DD)'' and inserting ``(DD)''; and (ii) by inserting before the semicolon at the end the following `` and (EE) with respect to qualifying reconstructive breast surgery services (as defined in section 1861(kkk)), the amount paid shall be equal to the amount payable in accordance with section 1834(x)''. ( B) Payment determination.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(x) Qualifying Reconstructive Breast Surgery Services.-- ``(1) In general.--With respect to qualifying reconstructive breast surgery services described in section 1861(kkk)(4) for which payment is determined under this subsection, payment shall be made in an amount equal to 100 percent of the reasonable and customary amount for nipple areolar tattooing, determined according to the reimbursement rates for CPT codes 11920, 11921, and 11922 (or any successor to such codes). ``(2) Reasonable and necessary treatment.--Qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be reasonable and necessary for purposes of section 1862(a)(1)(A). (5) Effective date.--The amendments made by this subsection shall apply with respect to items and services furnished on or after January 1 of the first year beginning after the date of the enactment of this Act. ( 2) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall take effect with respect to medical assistance provided on or after January 1 of the first year beginning after the date of the enactment of this Act. ( that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by the amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.

To amend the Employee Retirement Income Security Act of 1974 to provide for health coverage of nipple-areolar complex tattooing in connection with reconstructive surgery following mastectomy and to amend titles XVIII and XIX of the Social Security Act to extend coverage of certain breast reconstructive services following mastectomy under the Medicare and Medicaid programs. 2) Effective dates.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this subsection shall not be treated as a termination of such collective bargaining agreement. ( b) Medicare Coverage.-- (1) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking at the end ``and''; (B) in subparagraph (HH), by inserting at the end ``; and''; and (C) by adding at the end the following new subparagraph: ``(II) qualifying reconstructive breast surgery services (as defined in subsection (kkk)).''. ( (3) Payment.-- (A) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and (DD)'' and inserting ``(DD)''; and (ii) by inserting before the semicolon at the end the following `` and (EE) with respect to qualifying reconstructive breast surgery services (as defined in section 1861(kkk)), the amount paid shall be equal to the amount payable in accordance with section 1834(x)''. ( ``(2) Reasonable and necessary treatment.--Qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be reasonable and necessary for purposes of section 1862(a)(1)(A). 5) Effective date.--The amendments made by this subsection shall apply with respect to items and services furnished on or after January 1 of the first year beginning after the date of the enactment of this Act. ( c) Medicaid Coverage.-- (1) In general.--Section 1905(a) of the Social Security Act (42 U.S.C. 2) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall take effect with respect to medical assistance provided on or after January 1 of the first year beginning after the date of the enactment of this Act. ( B) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)

To amend the Employee Retirement Income Security Act of 1974 to provide for health coverage of nipple-areolar complex tattooing in connection with reconstructive surgery following mastectomy and to amend titles XVIII and XIX of the Social Security Act to extend coverage of certain breast reconstructive services following mastectomy under the Medicare and Medicaid programs. 2) Effective dates.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this subsection shall not be treated as a termination of such collective bargaining agreement. ( b) Medicare Coverage.-- (1) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking at the end ``and''; (B) in subparagraph (HH), by inserting at the end ``; and''; and (C) by adding at the end the following new subparagraph: ``(II) qualifying reconstructive breast surgery services (as defined in subsection (kkk)).''. ( (3) Payment.-- (A) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and (DD)'' and inserting ``(DD)''; and (ii) by inserting before the semicolon at the end the following `` and (EE) with respect to qualifying reconstructive breast surgery services (as defined in section 1861(kkk)), the amount paid shall be equal to the amount payable in accordance with section 1834(x)''. ( ``(2) Reasonable and necessary treatment.--Qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be reasonable and necessary for purposes of section 1862(a)(1)(A). 5) Effective date.--The amendments made by this subsection shall apply with respect to items and services furnished on or after January 1 of the first year beginning after the date of the enactment of this Act. ( c) Medicaid Coverage.-- (1) In general.--Section 1905(a) of the Social Security Act (42 U.S.C. 2) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall take effect with respect to medical assistance provided on or after January 1 of the first year beginning after the date of the enactment of this Act. ( B) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)

To amend the Employee Retirement Income Security Act of 1974 to provide for health coverage of nipple-areolar complex tattooing in connection with reconstructive surgery following mastectomy and to amend titles XVIII and XIX of the Social Security Act to extend coverage of certain breast reconstructive services following mastectomy under the Medicare and Medicaid programs. PROVIDING FOR HEALTH COVERAGE OF NIPPLE-AREOLAR COMPLEX TATTOOING IN CONNECTION WITH RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMY; EXTENDING COVERAGE OF BREAST RECONSTRUCTIVE SERVICES FOLLOWING MASTECTOMY UNDER MEDICARE AND MEDICAID. ( 2) Effective dates.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this subsection shall not be treated as a termination of such collective bargaining agreement. ( b) Medicare Coverage.-- (1) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking at the end ``and''; (B) in subparagraph (HH), by inserting at the end ``; and''; and (C) by adding at the end the following new subparagraph: ``(II) qualifying reconstructive breast surgery services (as defined in subsection (kkk)).''. ( 3) Payment.-- (A) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and (DD)'' and inserting ``(DD)''; and (ii) by inserting before the semicolon at the end the following `` and (EE) with respect to qualifying reconstructive breast surgery services (as defined in section 1861(kkk)), the amount paid shall be equal to the amount payable in accordance with section 1834(x)''. ( B) Payment determination.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(x) Qualifying Reconstructive Breast Surgery Services.-- ``(1) In general.--With respect to qualifying reconstructive breast surgery services described in section 1861(kkk)(4) for which payment is determined under this subsection, payment shall be made in an amount equal to 100 percent of the reasonable and customary amount for nipple areolar tattooing, determined according to the reimbursement rates for CPT codes 11920, 11921, and 11922 (or any successor to such codes). ``(2) Reasonable and necessary treatment.--Qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be reasonable and necessary for purposes of section 1862(a)(1)(A). (5) Effective date.--The amendments made by this subsection shall apply with respect to items and services furnished on or after January 1 of the first year beginning after the date of the enactment of this Act. ( 2) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall take effect with respect to medical assistance provided on or after January 1 of the first year beginning after the date of the enactment of this Act. ( that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by the amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.

To amend the Employee Retirement Income Security Act of 1974 to provide for health coverage of nipple-areolar complex tattooing in connection with reconstructive surgery following mastectomy and to amend titles XVIII and XIX of the Social Security Act to extend coverage of certain breast reconstructive services following mastectomy under the Medicare and Medicaid programs. 2) Effective dates.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this subsection shall not be treated as a termination of such collective bargaining agreement. ( b) Medicare Coverage.-- (1) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking at the end ``and''; (B) in subparagraph (HH), by inserting at the end ``; and''; and (C) by adding at the end the following new subparagraph: ``(II) qualifying reconstructive breast surgery services (as defined in subsection (kkk)).''. ( (3) Payment.-- (A) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and (DD)'' and inserting ``(DD)''; and (ii) by inserting before the semicolon at the end the following `` and (EE) with respect to qualifying reconstructive breast surgery services (as defined in section 1861(kkk)), the amount paid shall be equal to the amount payable in accordance with section 1834(x)''. ( ``(2) Reasonable and necessary treatment.--Qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be reasonable and necessary for purposes of section 1862(a)(1)(A). 5) Effective date.--The amendments made by this subsection shall apply with respect to items and services furnished on or after January 1 of the first year beginning after the date of the enactment of this Act. ( c) Medicaid Coverage.-- (1) In general.--Section 1905(a) of the Social Security Act (42 U.S.C. 2) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall take effect with respect to medical assistance provided on or after January 1 of the first year beginning after the date of the enactment of this Act. ( B) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)

To amend the Employee Retirement Income Security Act of 1974 to provide for health coverage of nipple-areolar complex tattooing in connection with reconstructive surgery following mastectomy and to amend titles XVIII and XIX of the Social Security Act to extend coverage of certain breast reconstructive services following mastectomy under the Medicare and Medicaid programs. PROVIDING FOR HEALTH COVERAGE OF NIPPLE-AREOLAR COMPLEX TATTOOING IN CONNECTION WITH RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMY; EXTENDING COVERAGE OF BREAST RECONSTRUCTIVE SERVICES FOLLOWING MASTECTOMY UNDER MEDICARE AND MEDICAID. ( 2) Effective dates.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this subsection shall not be treated as a termination of such collective bargaining agreement. ( b) Medicare Coverage.-- (1) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking at the end ``and''; (B) in subparagraph (HH), by inserting at the end ``; and''; and (C) by adding at the end the following new subparagraph: ``(II) qualifying reconstructive breast surgery services (as defined in subsection (kkk)).''. ( 3) Payment.-- (A) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and (DD)'' and inserting ``(DD)''; and (ii) by inserting before the semicolon at the end the following `` and (EE) with respect to qualifying reconstructive breast surgery services (as defined in section 1861(kkk)), the amount paid shall be equal to the amount payable in accordance with section 1834(x)''. ( B) Payment determination.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(x) Qualifying Reconstructive Breast Surgery Services.-- ``(1) In general.--With respect to qualifying reconstructive breast surgery services described in section 1861(kkk)(4) for which payment is determined under this subsection, payment shall be made in an amount equal to 100 percent of the reasonable and customary amount for nipple areolar tattooing, determined according to the reimbursement rates for CPT codes 11920, 11921, and 11922 (or any successor to such codes). ``(2) Reasonable and necessary treatment.--Qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be reasonable and necessary for purposes of section 1862(a)(1)(A). (5) Effective date.--The amendments made by this subsection shall apply with respect to items and services furnished on or after January 1 of the first year beginning after the date of the enactment of this Act. ( 2) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall take effect with respect to medical assistance provided on or after January 1 of the first year beginning after the date of the enactment of this Act. ( that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by the amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.

To amend the Employee Retirement Income Security Act of 1974 to provide for health coverage of nipple-areolar complex tattooing in connection with reconstructive surgery following mastectomy and to amend titles XVIII and XIX of the Social Security Act to extend coverage of certain breast reconstructive services following mastectomy under the Medicare and Medicaid programs. 2) Effective dates.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this subsection shall not be treated as a termination of such collective bargaining agreement. ( b) Medicare Coverage.-- (1) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking at the end ``and''; (B) in subparagraph (HH), by inserting at the end ``; and''; and (C) by adding at the end the following new subparagraph: ``(II) qualifying reconstructive breast surgery services (as defined in subsection (kkk)).''. ( (3) Payment.-- (A) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and (DD)'' and inserting ``(DD)''; and (ii) by inserting before the semicolon at the end the following `` and (EE) with respect to qualifying reconstructive breast surgery services (as defined in section 1861(kkk)), the amount paid shall be equal to the amount payable in accordance with section 1834(x)''. ( ``(2) Reasonable and necessary treatment.--Qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be reasonable and necessary for purposes of section 1862(a)(1)(A). 5) Effective date.--The amendments made by this subsection shall apply with respect to items and services furnished on or after January 1 of the first year beginning after the date of the enactment of this Act. ( c) Medicaid Coverage.-- (1) In general.--Section 1905(a) of the Social Security Act (42 U.S.C. 2) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall take effect with respect to medical assistance provided on or after January 1 of the first year beginning after the date of the enactment of this Act. ( B) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)

To amend the Employee Retirement Income Security Act of 1974 to provide for health coverage of nipple-areolar complex tattooing in connection with reconstructive surgery following mastectomy and to amend titles XVIII and XIX of the Social Security Act to extend coverage of certain breast reconstructive services following mastectomy under the Medicare and Medicaid programs. b) Medicare Coverage.-- (1) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking at the end ``and''; (B) in subparagraph (HH), by inserting at the end ``; and''; and (C) by adding at the end the following new subparagraph: ``(II) qualifying reconstructive breast surgery services (as defined in subsection (kkk)).''. ( 1395l(a)(1)) is amended-- (i) by striking ``and (DD)'' and inserting ``(DD)''; and (ii) by inserting before the semicolon at the end the following `` and (EE) with respect to qualifying reconstructive breast surgery services (as defined in section 1861(kkk)), the amount paid shall be equal to the amount payable in accordance with section 1834(x)''. ( ``(2) Reasonable and necessary treatment.--Qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be reasonable and necessary for purposes of section 1862(a)(1)(A). ( ( 2) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall take effect with respect to medical assistance provided on or after January 1 of the first year beginning after the date of the enactment of this Act. ( that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by the amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act.

To amend the Employee Retirement Income Security Act of 1974 to provide for health coverage of nipple-areolar complex tattooing in connection with reconstructive surgery following mastectomy and to amend titles XVIII and XIX of the Social Security Act to extend coverage of certain breast reconstructive services following mastectomy under the Medicare and Medicaid programs. 3) Payment.-- (A) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and (DD)'' and inserting ``(DD)''; and (ii) by inserting before the semicolon at the end the following `` and (EE) with respect to qualifying reconstructive breast surgery services (as defined in section 1861(kkk)), the amount paid shall be equal to the amount payable in accordance with section 1834(x)''. ( 2) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall take effect with respect to medical assistance provided on or after January 1 of the first year beginning after the date of the enactment of this Act. ( B) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)

To amend the Employee Retirement Income Security Act of 1974 to provide for health coverage of nipple-areolar complex tattooing in connection with reconstructive surgery following mastectomy and to amend titles XVIII and XIX of the Social Security Act to extend coverage of certain breast reconstructive services following mastectomy under the Medicare and Medicaid programs. b) Medicare Coverage.-- (1) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking at the end ``and''; (B) in subparagraph (HH), by inserting at the end ``; and''; and (C) by adding at the end the following new subparagraph: ``(II) qualifying reconstructive breast surgery services (as defined in subsection (kkk)).''. ( 1395l(a)(1)) is amended-- (i) by striking ``and (DD)'' and inserting ``(DD)''; and (ii) by inserting before the semicolon at the end the following `` and (EE) with respect to qualifying reconstructive breast surgery services (as defined in section 1861(kkk)), the amount paid shall be equal to the amount payable in accordance with section 1834(x)''. ( ``(2) Reasonable and necessary treatment.--Qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be reasonable and necessary for purposes of section 1862(a)(1)(A). ( ( 2) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall take effect with respect to medical assistance provided on or after January 1 of the first year beginning after the date of the enactment of this Act. ( that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by the amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act.

Comprehensive Breast Reconstruction Act of 2021 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and title XVIII (Medicare) of the Social Security Act to provide for health coverage of nipple-areolar complex tattooing in connection with reconstructive surgery following mastectomy and to extend coverage of certain breast reconstructive services following mammectomy under the Medicare and Medicaid programs Amends title XVIII (Medicare) of the Social Security Act to include certain tattoo artists as Medicare providers for purposes of tattooing of the nipple-areolar complex after mastectomy. (Currently, the term "supplier" includes a state-licensed tattoo artist.) (Sec. 4) Requires qualifying reconstructive breast surgery services to be deemed to be medically reasonable and necessary.

H.R.9649

Commerce

Emerging Business Encouragement Act of 2022 This bill directs the Small Business Administration (SBA) to establish criteria and procedures for small businesses to be designated as emerging business enterprises. The bill provides for various benefits to such enterprises, such as waiving various loan fees and requiring federal agencies to award at least 3% of contracts in each fiscal year to such enterprises.

To amend the Small Business Act to provide for contracting preferences and other benefits for emerging business enterprises, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Emerging Business Encouragement Act of 2022''. SEC. 2. EMERGING BUSINESS ENTERPRISES. (a) Designation.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following: ``(gg) Emerging Business Enterprise.-- ``(1) In general.--In this Act, the term `emerging business enterprise' means a concern designated by the Administrator in accordance with this section. ``(2) Criteria for designation.--Not later 90 days after the date of enactment of this subsection, the Administrator shall establish criteria for designation of a small business concern an emerging business enterprise which shall include the following: ``(A) Number of employees.--That the highest number of employees of the concern during the year preceding the date of application is less than the larger of-- ``(i) 10 percent of the number of employees that a small business concern within that industry category may employ, if that small business concern is so classified by reason of a size standard under subsection (a) pertaining to the number of employees of the concern; or ``(ii) 25 employees. ``(B) Age of business.--That the small business concern has been in operation for less than 5 years on the date of application. ``(C) Salary requirements.--That the small business concern does not, in the Administrator's determination, pay to an individual who owns any part of the concern or who is in a management position a salary greater than 200 percent of the mean annual salary for an individual in the Managers of Companies and Enterprises sector (as assigned a North American Industry Classification System code beginning with 55) or the equivalent from the most recent employment and wage estimates developed by the Secretary of Labor. ``(3) Deadline.--The Administrator shall complete review of an application for designation as an emerging business enterprise and either issue or deny such designation not later than one year of receipt of such application. ``(4) Termination of designation.--A designation as an emerging business enterprise shall terminate on the date on which the concern is no longer in compliance with the criteria under paragraph (2), except that-- ``(A) with respect to the requirement in paragraph (2)(A), such designation shall terminate only if the concern employs 50 percent or more employees than the number of employees that a small business concern within that industry category may employ; and ``(B) with respect to the requirement in paragraph (2)(C), such designation shall terminate only if the concern exceeds such requirement and employs not more than 10 percent of the number of employees that a small business concern within that industry category may employ, if that small business concern is so classified by reason of a size standard under subsection (a) pertaining to the number of employees of the concern. ``(5) Public notification.--The Administrator shall take appropriate action to publicize the establishment of the procedures for designations under this paragraph, including by conducting outreach to eligible small business concerns. ``(6) Contractor training.--The Administrator shall provide training on Federal procurement specifically for emerging business enterprises on an internet website of the Administrator, which shall be available to the public at no charge.''. (b) Contracting Preference.--Section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)) is amended by adding at the end the following: ``(G) Emerging business enterprises.-- ``(i) In general.--The head of each Federal agency shall, after consultation with the Administrator, establish goals for participation by emerging business enterprises in not less than 3 percent of all prime contracts and subcontracts of such agency for each fiscal year. ``(ii) Requirements.--The head of a Federal agency-- ``(I) shall make consistent efforts to annually expand participation by emerging business enterprises from each industry category in contracts of the agency; and ``(II) shall, subject to clause (iii), award a contract to an emerging business enterprise if the head of a Federal agency determines the agency will not meet the goals established under this subparagraph for a fiscal year. ``(iii) Preference.--The preference described in clause (ii)(II) shall take priority over any preference for procurement from the procurement list established pursuant to section 8503 of title 41, United States Code, or the Federal Prison Industries catalog described under section 4124(d) of title 18, United States Code. ``(iv) Reports.-- ``(I) Reports from agencies.--At the conclusion of each fiscal year, the head of each Federal agency shall report to the Administrator on the extent of participation by emerging business enterprises in procurement contracts of such agency. Such reports shall contain appropriate justifications for failure to meet the goals established under this subparagraph. ``(II) Reports to congress.--The Administrator shall annually compile and analyze the reports submitted by agencies pursuant to subclause (I) and shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the compilation and analysis, which shall include the following: ``(aa) The goals in effect for each agency and the agency's performance in attaining such goals. ``(bb) An analysis of any failure to achieve individual agency goals and the actions planned by such agency (that have been approved by the Administrator) to achieve the goals in the succeeding fiscal year. ``(cc) The total number and dollar value of prime contracts and subcontracts awarded to emerging business enterprises for each agency. ``(III) Annual presidential report on the state of small business.--The President shall include the information required by subclause (II) in each annual report to the Congress on the state of small business prepared pursuant to section 303(a) of the Small Business Economic Policy Act of 1980 (15 U.S.C. 631b(a)).''. (c) Fee Waivers.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following: ``(38) Fee waivers.--The Administrator may not collect an origination fee or a guarantee fee described in paragraph (18) in connection with a loan made under this subsection to an emerging business enterprise, unless-- ``(A) the President's budget for the upcoming fiscal year, submitted to Congress pursuant to section 1105(a) of title 31, United States Code, includes a cost for the program established under this paragraph that is above zero; and ``(B) the Administrator determines carrying out this paragraph will have no adverse effect on the waivers provided under paragraph (31)(G) or (33)(E)(ii) for a fiscal year. ``(39) Emerging business enterprises.-- ``(A) Reports.--On the date that is 1 year after the end of the first fiscal year for which a guaranteed loan is made to an emerging business enterprise under this subsection, and annually thereafter, each lender making such a loan shall submit to the Administrator a report with respect to the preceding fiscal year on the total number and dollar amount of such loans made and the number of waivers issued under paragraph (38). ``(B) Verification.--A lender shall verify with the Administrator the status of a concern as an emerging business enterprise before making a loan guaranteed under this subsection to such emerging business enterprise. ``(C) Penalty.--If a concern received a loan under this subsection and fraudulently misrepresented the status of the concern as an emerging business enterprise, that concern shall-- ``(i) repay the amount of the loan to the lender (from which amount the lender shall repay the amount of any guarantee paid on the loan to the Administrator); and ``(ii) pay a fine to the Administrator in an amount determined by the Administrator.''. SEC. 3. RULEMAKING. (a) In General.--Not later 1 year after the date of enactment of this subsection and for each industry category for which the Administrator of the Small Business Administration established a size standard under section 3(a) of the Small Business Act (15 U.S.C. 632(a)), the Administrator shall issue a rule-- (1) establishing procedures for designating a small business concern in each such industry category as an emerging business enterprise that include the criteria under subsection (gg)(3) of section 3 of the Small Business Act (15 U.S.C. 632), as added by this Act, and a process for appealing designation decisions of the Administrator; (2) establishing procedures for certification by the Administrator as an emerging business enterprise; (3) requiring a small business concern to annually submit documentation to the Administrator to establish eligibility for designation as an emerging business enterprise; and (4) establishing compliance requirements for emerging business enterprises. (b) Definitions.--In this section: (1) Small business concern.--The term ``small business concern'' has the meaning given under section 3 of the Small Business Act (15 U.S.C. 632). (2) Emerging business enterprise.--The term ``emerging business enterprise'' has the meaning given under subsection (gg) of section 3 of the Small Business Act (15 U.S.C. 632), as added by this Act. <all>

Emerging Business Encouragement Act of 2022

To amend the Small Business Act to provide for contracting preferences and other benefits for emerging business enterprises, and for other purposes.

Emerging Business Encouragement Act of 2022

Rep. Carson, Andre

D

IN

This bill directs the Small Business Administration (SBA) to establish criteria and procedures for small businesses to be designated as emerging business enterprises. The bill provides for various benefits to such enterprises, such as waiving various loan fees and requiring federal agencies to award at least 3% of contracts in each fiscal year to such enterprises.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. EMERGING BUSINESS ENTERPRISES. (a) Designation.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following: ``(gg) Emerging Business Enterprise.-- ``(1) In general.--In this Act, the term `emerging business enterprise' means a concern designated by the Administrator in accordance with this section. ``(3) Deadline.--The Administrator shall complete review of an application for designation as an emerging business enterprise and either issue or deny such designation not later than one year of receipt of such application. ``(4) Termination of designation.--A designation as an emerging business enterprise shall terminate on the date on which the concern is no longer in compliance with the criteria under paragraph (2), except that-- ``(A) with respect to the requirement in paragraph (2)(A), such designation shall terminate only if the concern employs 50 percent or more employees than the number of employees that a small business concern within that industry category may employ; and ``(B) with respect to the requirement in paragraph (2)(C), such designation shall terminate only if the concern exceeds such requirement and employs not more than 10 percent of the number of employees that a small business concern within that industry category may employ, if that small business concern is so classified by reason of a size standard under subsection (a) pertaining to the number of employees of the concern. ``(iii) Preference.--The preference described in clause (ii)(II) shall take priority over any preference for procurement from the procurement list established pursuant to section 8503 of title 41, United States Code, or the Federal Prison Industries catalog described under section 4124(d) of title 18, United States Code. ``(iv) Reports.-- ``(I) Reports from agencies.--At the conclusion of each fiscal year, the head of each Federal agency shall report to the Administrator on the extent of participation by emerging business enterprises in procurement contracts of such agency. ``(bb) An analysis of any failure to achieve individual agency goals and the actions planned by such agency (that have been approved by the Administrator) to achieve the goals in the succeeding fiscal year. 631b(a)).''. ``(C) Penalty.--If a concern received a loan under this subsection and fraudulently misrepresented the status of the concern as an emerging business enterprise, that concern shall-- ``(i) repay the amount of the loan to the lender (from which amount the lender shall repay the amount of any guarantee paid on the loan to the Administrator); and ``(ii) pay a fine to the Administrator in an amount determined by the Administrator.''. SEC. RULEMAKING. 632).

2. EMERGING BUSINESS ENTERPRISES. (a) Designation.--Section 3 of the Small Business Act (15 U.S.C. ``(4) Termination of designation.--A designation as an emerging business enterprise shall terminate on the date on which the concern is no longer in compliance with the criteria under paragraph (2), except that-- ``(A) with respect to the requirement in paragraph (2)(A), such designation shall terminate only if the concern employs 50 percent or more employees than the number of employees that a small business concern within that industry category may employ; and ``(B) with respect to the requirement in paragraph (2)(C), such designation shall terminate only if the concern exceeds such requirement and employs not more than 10 percent of the number of employees that a small business concern within that industry category may employ, if that small business concern is so classified by reason of a size standard under subsection (a) pertaining to the number of employees of the concern. ``(iii) Preference.--The preference described in clause (ii)(II) shall take priority over any preference for procurement from the procurement list established pursuant to section 8503 of title 41, United States Code, or the Federal Prison Industries catalog described under section 4124(d) of title 18, United States Code. ``(iv) Reports.-- ``(I) Reports from agencies.--At the conclusion of each fiscal year, the head of each Federal agency shall report to the Administrator on the extent of participation by emerging business enterprises in procurement contracts of such agency. ``(bb) An analysis of any failure to achieve individual agency goals and the actions planned by such agency (that have been approved by the Administrator) to achieve the goals in the succeeding fiscal year. ``(C) Penalty.--If a concern received a loan under this subsection and fraudulently misrepresented the status of the concern as an emerging business enterprise, that concern shall-- ``(i) repay the amount of the loan to the lender (from which amount the lender shall repay the amount of any guarantee paid on the loan to the Administrator); and ``(ii) pay a fine to the Administrator in an amount determined by the Administrator.''. SEC. 632).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. EMERGING BUSINESS ENTERPRISES. (a) Designation.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following: ``(gg) Emerging Business Enterprise.-- ``(1) In general.--In this Act, the term `emerging business enterprise' means a concern designated by the Administrator in accordance with this section. ``(C) Salary requirements.--That the small business concern does not, in the Administrator's determination, pay to an individual who owns any part of the concern or who is in a management position a salary greater than 200 percent of the mean annual salary for an individual in the Managers of Companies and Enterprises sector (as assigned a North American Industry Classification System code beginning with 55) or the equivalent from the most recent employment and wage estimates developed by the Secretary of Labor. ``(3) Deadline.--The Administrator shall complete review of an application for designation as an emerging business enterprise and either issue or deny such designation not later than one year of receipt of such application. ``(4) Termination of designation.--A designation as an emerging business enterprise shall terminate on the date on which the concern is no longer in compliance with the criteria under paragraph (2), except that-- ``(A) with respect to the requirement in paragraph (2)(A), such designation shall terminate only if the concern employs 50 percent or more employees than the number of employees that a small business concern within that industry category may employ; and ``(B) with respect to the requirement in paragraph (2)(C), such designation shall terminate only if the concern exceeds such requirement and employs not more than 10 percent of the number of employees that a small business concern within that industry category may employ, if that small business concern is so classified by reason of a size standard under subsection (a) pertaining to the number of employees of the concern. ``(6) Contractor training.--The Administrator shall provide training on Federal procurement specifically for emerging business enterprises on an internet website of the Administrator, which shall be available to the public at no charge.''. ``(iii) Preference.--The preference described in clause (ii)(II) shall take priority over any preference for procurement from the procurement list established pursuant to section 8503 of title 41, United States Code, or the Federal Prison Industries catalog described under section 4124(d) of title 18, United States Code. ``(iv) Reports.-- ``(I) Reports from agencies.--At the conclusion of each fiscal year, the head of each Federal agency shall report to the Administrator on the extent of participation by emerging business enterprises in procurement contracts of such agency. Such reports shall contain appropriate justifications for failure to meet the goals established under this subparagraph. ``(bb) An analysis of any failure to achieve individual agency goals and the actions planned by such agency (that have been approved by the Administrator) to achieve the goals in the succeeding fiscal year. ``(cc) The total number and dollar value of prime contracts and subcontracts awarded to emerging business enterprises for each agency. 631b(a)).''. 636(a)) is amended by adding at the end the following: ``(38) Fee waivers.--The Administrator may not collect an origination fee or a guarantee fee described in paragraph (18) in connection with a loan made under this subsection to an emerging business enterprise, unless-- ``(A) the President's budget for the upcoming fiscal year, submitted to Congress pursuant to section 1105(a) of title 31, United States Code, includes a cost for the program established under this paragraph that is above zero; and ``(B) the Administrator determines carrying out this paragraph will have no adverse effect on the waivers provided under paragraph (31)(G) or (33)(E)(ii) for a fiscal year. ``(C) Penalty.--If a concern received a loan under this subsection and fraudulently misrepresented the status of the concern as an emerging business enterprise, that concern shall-- ``(i) repay the amount of the loan to the lender (from which amount the lender shall repay the amount of any guarantee paid on the loan to the Administrator); and ``(ii) pay a fine to the Administrator in an amount determined by the Administrator.''. SEC. RULEMAKING. 632).

To amend the Small Business Act to provide for contracting preferences and other benefits for emerging business enterprises, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Emerging Business Encouragement Act of 2022''. 2. EMERGING BUSINESS ENTERPRISES. (a) Designation.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following: ``(gg) Emerging Business Enterprise.-- ``(1) In general.--In this Act, the term `emerging business enterprise' means a concern designated by the Administrator in accordance with this section. ``(B) Age of business.--That the small business concern has been in operation for less than 5 years on the date of application. ``(C) Salary requirements.--That the small business concern does not, in the Administrator's determination, pay to an individual who owns any part of the concern or who is in a management position a salary greater than 200 percent of the mean annual salary for an individual in the Managers of Companies and Enterprises sector (as assigned a North American Industry Classification System code beginning with 55) or the equivalent from the most recent employment and wage estimates developed by the Secretary of Labor. ``(3) Deadline.--The Administrator shall complete review of an application for designation as an emerging business enterprise and either issue or deny such designation not later than one year of receipt of such application. ``(4) Termination of designation.--A designation as an emerging business enterprise shall terminate on the date on which the concern is no longer in compliance with the criteria under paragraph (2), except that-- ``(A) with respect to the requirement in paragraph (2)(A), such designation shall terminate only if the concern employs 50 percent or more employees than the number of employees that a small business concern within that industry category may employ; and ``(B) with respect to the requirement in paragraph (2)(C), such designation shall terminate only if the concern exceeds such requirement and employs not more than 10 percent of the number of employees that a small business concern within that industry category may employ, if that small business concern is so classified by reason of a size standard under subsection (a) pertaining to the number of employees of the concern. ``(5) Public notification.--The Administrator shall take appropriate action to publicize the establishment of the procedures for designations under this paragraph, including by conducting outreach to eligible small business concerns. ``(6) Contractor training.--The Administrator shall provide training on Federal procurement specifically for emerging business enterprises on an internet website of the Administrator, which shall be available to the public at no charge.''. ``(iii) Preference.--The preference described in clause (ii)(II) shall take priority over any preference for procurement from the procurement list established pursuant to section 8503 of title 41, United States Code, or the Federal Prison Industries catalog described under section 4124(d) of title 18, United States Code. ``(iv) Reports.-- ``(I) Reports from agencies.--At the conclusion of each fiscal year, the head of each Federal agency shall report to the Administrator on the extent of participation by emerging business enterprises in procurement contracts of such agency. Such reports shall contain appropriate justifications for failure to meet the goals established under this subparagraph. ``(II) Reports to congress.--The Administrator shall annually compile and analyze the reports submitted by agencies pursuant to subclause (I) and shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the compilation and analysis, which shall include the following: ``(aa) The goals in effect for each agency and the agency's performance in attaining such goals. ``(bb) An analysis of any failure to achieve individual agency goals and the actions planned by such agency (that have been approved by the Administrator) to achieve the goals in the succeeding fiscal year. ``(cc) The total number and dollar value of prime contracts and subcontracts awarded to emerging business enterprises for each agency. 631b(a)).''. 636(a)) is amended by adding at the end the following: ``(38) Fee waivers.--The Administrator may not collect an origination fee or a guarantee fee described in paragraph (18) in connection with a loan made under this subsection to an emerging business enterprise, unless-- ``(A) the President's budget for the upcoming fiscal year, submitted to Congress pursuant to section 1105(a) of title 31, United States Code, includes a cost for the program established under this paragraph that is above zero; and ``(B) the Administrator determines carrying out this paragraph will have no adverse effect on the waivers provided under paragraph (31)(G) or (33)(E)(ii) for a fiscal year. ``(B) Verification.--A lender shall verify with the Administrator the status of a concern as an emerging business enterprise before making a loan guaranteed under this subsection to such emerging business enterprise. ``(C) Penalty.--If a concern received a loan under this subsection and fraudulently misrepresented the status of the concern as an emerging business enterprise, that concern shall-- ``(i) repay the amount of the loan to the lender (from which amount the lender shall repay the amount of any guarantee paid on the loan to the Administrator); and ``(ii) pay a fine to the Administrator in an amount determined by the Administrator.''. SEC. RULEMAKING. 632), as added by this Act, and a process for appealing designation decisions of the Administrator; (2) establishing procedures for certification by the Administrator as an emerging business enterprise; (3) requiring a small business concern to annually submit documentation to the Administrator to establish eligibility for designation as an emerging business enterprise; and (4) establishing compliance requirements for emerging business enterprises. 632).

To amend the Small Business Act to provide for contracting preferences and other benefits for emerging business enterprises, and for other purposes. a) Designation.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following: ``(gg) Emerging Business Enterprise.-- ``(1) In general.--In this Act, the term `emerging business enterprise' means a concern designated by the Administrator in accordance with this section. ``(C) Salary requirements.--That the small business concern does not, in the Administrator's determination, pay to an individual who owns any part of the concern or who is in a management position a salary greater than 200 percent of the mean annual salary for an individual in the Managers of Companies and Enterprises sector (as assigned a North American Industry Classification System code beginning with 55) or the equivalent from the most recent employment and wage estimates developed by the Secretary of Labor. ``(3) Deadline.--The Administrator shall complete review of an application for designation as an emerging business enterprise and either issue or deny such designation not later than one year of receipt of such application. ``(5) Public notification.--The Administrator shall take appropriate action to publicize the establishment of the procedures for designations under this paragraph, including by conducting outreach to eligible small business concerns. b) Contracting Preference.--Section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)) is amended by adding at the end the following: ``(G) Emerging business enterprises.-- ``(i) In general.--The head of each Federal agency shall, after consultation with the Administrator, establish goals for participation by emerging business enterprises in not less than 3 percent of all prime contracts and subcontracts of such agency for each fiscal year. ``(ii) Requirements.--The head of a Federal agency-- ``(I) shall make consistent efforts to annually expand participation by emerging business enterprises from each industry category in contracts of the agency; and ``(II) shall, subject to clause (iii), award a contract to an emerging business enterprise if the head of a Federal agency determines the agency will not meet the goals established under this subparagraph for a fiscal year. ``(II) Reports to congress.--The Administrator shall annually compile and analyze the reports submitted by agencies pursuant to subclause (I) and shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the compilation and analysis, which shall include the following: ``(aa) The goals in effect for each agency and the agency's performance in attaining such goals. ``(III) Annual presidential report on the state of small business.--The President shall include the information required by subclause (II) in each annual report to the Congress on the state of small business prepared pursuant to section 303(a) of the Small Business Economic Policy Act of 1980 (15 U.S.C. 631b(a)).''. ( ``(39) Emerging business enterprises.-- ``(A) Reports.--On the date that is 1 year after the end of the first fiscal year for which a guaranteed loan is made to an emerging business enterprise under this subsection, and annually thereafter, each lender making such a loan shall submit to the Administrator a report with respect to the preceding fiscal year on the total number and dollar amount of such loans made and the number of waivers issued under paragraph (38). ``(B) Verification.--A lender shall verify with the Administrator the status of a concern as an emerging business enterprise before making a loan guaranteed under this subsection to such emerging business enterprise. ``(C) Penalty.--If a concern received a loan under this subsection and fraudulently misrepresented the status of the concern as an emerging business enterprise, that concern shall-- ``(i) repay the amount of the loan to the lender (from which amount the lender shall repay the amount of any guarantee paid on the loan to the Administrator); and ``(ii) pay a fine to the Administrator in an amount determined by the Administrator.''. (b) Definitions.--In this section: (1) Small business concern.--The term ``small business concern'' has the meaning given under section 3 of the Small Business Act (15 U.S.C. 632). ( 2) Emerging business enterprise.--The term ``emerging business enterprise'' has the meaning given under subsection (gg) of section 3 of the Small Business Act (15 U.S.C. 632), as added by this Act.

To amend the Small Business Act to provide for contracting preferences and other benefits for emerging business enterprises, and for other purposes. a) Designation.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following: ``(gg) Emerging Business Enterprise.-- ``(1) In general.--In this Act, the term `emerging business enterprise' means a concern designated by the Administrator in accordance with this section. ``(5) Public notification.--The Administrator shall take appropriate action to publicize the establishment of the procedures for designations under this paragraph, including by conducting outreach to eligible small business concerns. ``(ii) Requirements.--The head of a Federal agency-- ``(I) shall make consistent efforts to annually expand participation by emerging business enterprises from each industry category in contracts of the agency; and ``(II) shall, subject to clause (iii), award a contract to an emerging business enterprise if the head of a Federal agency determines the agency will not meet the goals established under this subparagraph for a fiscal year. ``(iii) Preference.--The preference described in clause (ii)(II) shall take priority over any preference for procurement from the procurement list established pursuant to section 8503 of title 41, United States Code, or the Federal Prison Industries catalog described under section 4124(d) of title 18, United States Code. ``(iv) Reports.-- ``(I) Reports from agencies.--At the conclusion of each fiscal year, the head of each Federal agency shall report to the Administrator on the extent of participation by emerging business enterprises in procurement contracts of such agency. ``(39) Emerging business enterprises.-- ``(A) Reports.--On the date that is 1 year after the end of the first fiscal year for which a guaranteed loan is made to an emerging business enterprise under this subsection, and annually thereafter, each lender making such a loan shall submit to the Administrator a report with respect to the preceding fiscal year on the total number and dollar amount of such loans made and the number of waivers issued under paragraph (38). a) In General.--Not later 1 year after the date of enactment of this subsection and for each industry category for which the Administrator of the Small Business Administration established a size standard under section 3(a) of the Small Business Act (15 U.S.C. b) Definitions.--In this section: (1) Small business concern.--The term ``small business concern'' has the meaning given under section 3 of the Small Business Act (15 U.S.C. 632). ( 2) Emerging business enterprise.--The term ``emerging business enterprise'' has the meaning given under subsection (gg) of section 3 of the Small Business Act (15 U.S.C. 632), as added by this Act.

To amend the Small Business Act to provide for contracting preferences and other benefits for emerging business enterprises, and for other purposes. a) Designation.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following: ``(gg) Emerging Business Enterprise.-- ``(1) In general.--In this Act, the term `emerging business enterprise' means a concern designated by the Administrator in accordance with this section. ``(5) Public notification.--The Administrator shall take appropriate action to publicize the establishment of the procedures for designations under this paragraph, including by conducting outreach to eligible small business concerns. ``(ii) Requirements.--The head of a Federal agency-- ``(I) shall make consistent efforts to annually expand participation by emerging business enterprises from each industry category in contracts of the agency; and ``(II) shall, subject to clause (iii), award a contract to an emerging business enterprise if the head of a Federal agency determines the agency will not meet the goals established under this subparagraph for a fiscal year. ``(iii) Preference.--The preference described in clause (ii)(II) shall take priority over any preference for procurement from the procurement list established pursuant to section 8503 of title 41, United States Code, or the Federal Prison Industries catalog described under section 4124(d) of title 18, United States Code. ``(iv) Reports.-- ``(I) Reports from agencies.--At the conclusion of each fiscal year, the head of each Federal agency shall report to the Administrator on the extent of participation by emerging business enterprises in procurement contracts of such agency. ``(39) Emerging business enterprises.-- ``(A) Reports.--On the date that is 1 year after the end of the first fiscal year for which a guaranteed loan is made to an emerging business enterprise under this subsection, and annually thereafter, each lender making such a loan shall submit to the Administrator a report with respect to the preceding fiscal year on the total number and dollar amount of such loans made and the number of waivers issued under paragraph (38). a) In General.--Not later 1 year after the date of enactment of this subsection and for each industry category for which the Administrator of the Small Business Administration established a size standard under section 3(a) of the Small Business Act (15 U.S.C. b) Definitions.--In this section: (1) Small business concern.--The term ``small business concern'' has the meaning given under section 3 of the Small Business Act (15 U.S.C. 632). ( 2) Emerging business enterprise.--The term ``emerging business enterprise'' has the meaning given under subsection (gg) of section 3 of the Small Business Act (15 U.S.C. 632), as added by this Act.

To amend the Small Business Act to provide for contracting preferences and other benefits for emerging business enterprises, and for other purposes. a) Designation.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following: ``(gg) Emerging Business Enterprise.-- ``(1) In general.--In this Act, the term `emerging business enterprise' means a concern designated by the Administrator in accordance with this section. ``(C) Salary requirements.--That the small business concern does not, in the Administrator's determination, pay to an individual who owns any part of the concern or who is in a management position a salary greater than 200 percent of the mean annual salary for an individual in the Managers of Companies and Enterprises sector (as assigned a North American Industry Classification System code beginning with 55) or the equivalent from the most recent employment and wage estimates developed by the Secretary of Labor. ``(3) Deadline.--The Administrator shall complete review of an application for designation as an emerging business enterprise and either issue or deny such designation not later than one year of receipt of such application. ``(5) Public notification.--The Administrator shall take appropriate action to publicize the establishment of the procedures for designations under this paragraph, including by conducting outreach to eligible small business concerns. b) Contracting Preference.--Section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)) is amended by adding at the end the following: ``(G) Emerging business enterprises.-- ``(i) In general.--The head of each Federal agency shall, after consultation with the Administrator, establish goals for participation by emerging business enterprises in not less than 3 percent of all prime contracts and subcontracts of such agency for each fiscal year. ``(ii) Requirements.--The head of a Federal agency-- ``(I) shall make consistent efforts to annually expand participation by emerging business enterprises from each industry category in contracts of the agency; and ``(II) shall, subject to clause (iii), award a contract to an emerging business enterprise if the head of a Federal agency determines the agency will not meet the goals established under this subparagraph for a fiscal year. ``(II) Reports to congress.--The Administrator shall annually compile and analyze the reports submitted by agencies pursuant to subclause (I) and shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the compilation and analysis, which shall include the following: ``(aa) The goals in effect for each agency and the agency's performance in attaining such goals. ``(III) Annual presidential report on the state of small business.--The President shall include the information required by subclause (II) in each annual report to the Congress on the state of small business prepared pursuant to section 303(a) of the Small Business Economic Policy Act of 1980 (15 U.S.C. 631b(a)).''. ( ``(39) Emerging business enterprises.-- ``(A) Reports.--On the date that is 1 year after the end of the first fiscal year for which a guaranteed loan is made to an emerging business enterprise under this subsection, and annually thereafter, each lender making such a loan shall submit to the Administrator a report with respect to the preceding fiscal year on the total number and dollar amount of such loans made and the number of waivers issued under paragraph (38). ``(B) Verification.--A lender shall verify with the Administrator the status of a concern as an emerging business enterprise before making a loan guaranteed under this subsection to such emerging business enterprise. ``(C) Penalty.--If a concern received a loan under this subsection and fraudulently misrepresented the status of the concern as an emerging business enterprise, that concern shall-- ``(i) repay the amount of the loan to the lender (from which amount the lender shall repay the amount of any guarantee paid on the loan to the Administrator); and ``(ii) pay a fine to the Administrator in an amount determined by the Administrator.''. (b) Definitions.--In this section: (1) Small business concern.--The term ``small business concern'' has the meaning given under section 3 of the Small Business Act (15 U.S.C. 632). ( 2) Emerging business enterprise.--The term ``emerging business enterprise'' has the meaning given under subsection (gg) of section 3 of the Small Business Act (15 U.S.C. 632), as added by this Act.

To amend the Small Business Act to provide for contracting preferences and other benefits for emerging business enterprises, and for other purposes. a) Designation.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following: ``(gg) Emerging Business Enterprise.-- ``(1) In general.--In this Act, the term `emerging business enterprise' means a concern designated by the Administrator in accordance with this section. ``(5) Public notification.--The Administrator shall take appropriate action to publicize the establishment of the procedures for designations under this paragraph, including by conducting outreach to eligible small business concerns. ``(ii) Requirements.--The head of a Federal agency-- ``(I) shall make consistent efforts to annually expand participation by emerging business enterprises from each industry category in contracts of the agency; and ``(II) shall, subject to clause (iii), award a contract to an emerging business enterprise if the head of a Federal agency determines the agency will not meet the goals established under this subparagraph for a fiscal year. ``(iii) Preference.--The preference described in clause (ii)(II) shall take priority over any preference for procurement from the procurement list established pursuant to section 8503 of title 41, United States Code, or the Federal Prison Industries catalog described under section 4124(d) of title 18, United States Code. ``(iv) Reports.-- ``(I) Reports from agencies.--At the conclusion of each fiscal year, the head of each Federal agency shall report to the Administrator on the extent of participation by emerging business enterprises in procurement contracts of such agency. ``(39) Emerging business enterprises.-- ``(A) Reports.--On the date that is 1 year after the end of the first fiscal year for which a guaranteed loan is made to an emerging business enterprise under this subsection, and annually thereafter, each lender making such a loan shall submit to the Administrator a report with respect to the preceding fiscal year on the total number and dollar amount of such loans made and the number of waivers issued under paragraph (38). a) In General.--Not later 1 year after the date of enactment of this subsection and for each industry category for which the Administrator of the Small Business Administration established a size standard under section 3(a) of the Small Business Act (15 U.S.C. b) Definitions.--In this section: (1) Small business concern.--The term ``small business concern'' has the meaning given under section 3 of the Small Business Act (15 U.S.C. 632). ( 2) Emerging business enterprise.--The term ``emerging business enterprise'' has the meaning given under subsection (gg) of section 3 of the Small Business Act (15 U.S.C. 632), as added by this Act.

To amend the Small Business Act to provide for contracting preferences and other benefits for emerging business enterprises, and for other purposes. a) Designation.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following: ``(gg) Emerging Business Enterprise.-- ``(1) In general.--In this Act, the term `emerging business enterprise' means a concern designated by the Administrator in accordance with this section. ``(C) Salary requirements.--That the small business concern does not, in the Administrator's determination, pay to an individual who owns any part of the concern or who is in a management position a salary greater than 200 percent of the mean annual salary for an individual in the Managers of Companies and Enterprises sector (as assigned a North American Industry Classification System code beginning with 55) or the equivalent from the most recent employment and wage estimates developed by the Secretary of Labor. ``(3) Deadline.--The Administrator shall complete review of an application for designation as an emerging business enterprise and either issue or deny such designation not later than one year of receipt of such application. ``(5) Public notification.--The Administrator shall take appropriate action to publicize the establishment of the procedures for designations under this paragraph, including by conducting outreach to eligible small business concerns. b) Contracting Preference.--Section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)) is amended by adding at the end the following: ``(G) Emerging business enterprises.-- ``(i) In general.--The head of each Federal agency shall, after consultation with the Administrator, establish goals for participation by emerging business enterprises in not less than 3 percent of all prime contracts and subcontracts of such agency for each fiscal year. ``(ii) Requirements.--The head of a Federal agency-- ``(I) shall make consistent efforts to annually expand participation by emerging business enterprises from each industry category in contracts of the agency; and ``(II) shall, subject to clause (iii), award a contract to an emerging business enterprise if the head of a Federal agency determines the agency will not meet the goals established under this subparagraph for a fiscal year. ``(II) Reports to congress.--The Administrator shall annually compile and analyze the reports submitted by agencies pursuant to subclause (I) and shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the compilation and analysis, which shall include the following: ``(aa) The goals in effect for each agency and the agency's performance in attaining such goals. ``(III) Annual presidential report on the state of small business.--The President shall include the information required by subclause (II) in each annual report to the Congress on the state of small business prepared pursuant to section 303(a) of the Small Business Economic Policy Act of 1980 (15 U.S.C. 631b(a)).''. ( ``(39) Emerging business enterprises.-- ``(A) Reports.--On the date that is 1 year after the end of the first fiscal year for which a guaranteed loan is made to an emerging business enterprise under this subsection, and annually thereafter, each lender making such a loan shall submit to the Administrator a report with respect to the preceding fiscal year on the total number and dollar amount of such loans made and the number of waivers issued under paragraph (38). ``(B) Verification.--A lender shall verify with the Administrator the status of a concern as an emerging business enterprise before making a loan guaranteed under this subsection to such emerging business enterprise. ``(C) Penalty.--If a concern received a loan under this subsection and fraudulently misrepresented the status of the concern as an emerging business enterprise, that concern shall-- ``(i) repay the amount of the loan to the lender (from which amount the lender shall repay the amount of any guarantee paid on the loan to the Administrator); and ``(ii) pay a fine to the Administrator in an amount determined by the Administrator.''. (b) Definitions.--In this section: (1) Small business concern.--The term ``small business concern'' has the meaning given under section 3 of the Small Business Act (15 U.S.C. 632). ( 2) Emerging business enterprise.--The term ``emerging business enterprise'' has the meaning given under subsection (gg) of section 3 of the Small Business Act (15 U.S.C. 632), as added by this Act.

To amend the Small Business Act to provide for contracting preferences and other benefits for emerging business enterprises, and for other purposes. a) Designation.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following: ``(gg) Emerging Business Enterprise.-- ``(1) In general.--In this Act, the term `emerging business enterprise' means a concern designated by the Administrator in accordance with this section. ``(5) Public notification.--The Administrator shall take appropriate action to publicize the establishment of the procedures for designations under this paragraph, including by conducting outreach to eligible small business concerns. ``(ii) Requirements.--The head of a Federal agency-- ``(I) shall make consistent efforts to annually expand participation by emerging business enterprises from each industry category in contracts of the agency; and ``(II) shall, subject to clause (iii), award a contract to an emerging business enterprise if the head of a Federal agency determines the agency will not meet the goals established under this subparagraph for a fiscal year. ``(iii) Preference.--The preference described in clause (ii)(II) shall take priority over any preference for procurement from the procurement list established pursuant to section 8503 of title 41, United States Code, or the Federal Prison Industries catalog described under section 4124(d) of title 18, United States Code. ``(iv) Reports.-- ``(I) Reports from agencies.--At the conclusion of each fiscal year, the head of each Federal agency shall report to the Administrator on the extent of participation by emerging business enterprises in procurement contracts of such agency. ``(39) Emerging business enterprises.-- ``(A) Reports.--On the date that is 1 year after the end of the first fiscal year for which a guaranteed loan is made to an emerging business enterprise under this subsection, and annually thereafter, each lender making such a loan shall submit to the Administrator a report with respect to the preceding fiscal year on the total number and dollar amount of such loans made and the number of waivers issued under paragraph (38). a) In General.--Not later 1 year after the date of enactment of this subsection and for each industry category for which the Administrator of the Small Business Administration established a size standard under section 3(a) of the Small Business Act (15 U.S.C. b) Definitions.--In this section: (1) Small business concern.--The term ``small business concern'' has the meaning given under section 3 of the Small Business Act (15 U.S.C. 632). ( 2) Emerging business enterprise.--The term ``emerging business enterprise'' has the meaning given under subsection (gg) of section 3 of the Small Business Act (15 U.S.C. 632), as added by this Act.

To amend the Small Business Act to provide for contracting preferences and other benefits for emerging business enterprises, and for other purposes. a) Designation.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following: ``(gg) Emerging Business Enterprise.-- ``(1) In general.--In this Act, the term `emerging business enterprise' means a concern designated by the Administrator in accordance with this section. 644(g)(2)) is amended by adding at the end the following: ``(G) Emerging business enterprises.-- ``(i) In general.--The head of each Federal agency shall, after consultation with the Administrator, establish goals for participation by emerging business enterprises in not less than 3 percent of all prime contracts and subcontracts of such agency for each fiscal year. ``(ii) Requirements.--The head of a Federal agency-- ``(I) shall make consistent efforts to annually expand participation by emerging business enterprises from each industry category in contracts of the agency; and ``(II) shall, subject to clause (iii), award a contract to an emerging business enterprise if the head of a Federal agency determines the agency will not meet the goals established under this subparagraph for a fiscal year. ``(III) Annual presidential report on the state of small business.--The President shall include the information required by subclause (II) in each annual report to the Congress on the state of small business prepared pursuant to section 303(a) of the Small Business Economic Policy Act of 1980 (15 U.S.C. 631b(a)).''. ( ``(39) Emerging business enterprises.-- ``(A) Reports.--On the date that is 1 year after the end of the first fiscal year for which a guaranteed loan is made to an emerging business enterprise under this subsection, and annually thereafter, each lender making such a loan shall submit to the Administrator a report with respect to the preceding fiscal year on the total number and dollar amount of such loans made and the number of waivers issued under paragraph (38). (b) Definitions.--In this section: (1) Small business concern.--The term ``small business concern'' has the meaning given under section 3 of the Small Business Act (15 U.S.C. 632). ( 2) Emerging business enterprise.--The term ``emerging business enterprise'' has the meaning given under subsection (gg) of section 3 of the Small Business Act (15 U.S.C. 632), as added by this Act.

To amend the Small Business Act to provide for contracting preferences and other benefits for emerging business enterprises, and for other purposes. ``(ii) Requirements.--The head of a Federal agency-- ``(I) shall make consistent efforts to annually expand participation by emerging business enterprises from each industry category in contracts of the agency; and ``(II) shall, subject to clause (iii), award a contract to an emerging business enterprise if the head of a Federal agency determines the agency will not meet the goals established under this subparagraph for a fiscal year. a) In General.--Not later 1 year after the date of enactment of this subsection and for each industry category for which the Administrator of the Small Business Administration established a size standard under section 3(a) of the Small Business Act (15 U.S.C. b) Definitions.--In this section: (1) Small business concern.--The term ``small business concern'' has the meaning given under section 3 of the Small Business Act (15 U.S.C. 632). ( 2) Emerging business enterprise.--The term ``emerging business enterprise'' has the meaning given under subsection (gg) of section 3 of the Small Business Act (15 U.S.C. 632), as added by this Act.

To amend the Small Business Act to provide for contracting preferences and other benefits for emerging business enterprises, and for other purposes. ``(ii) Requirements.--The head of a Federal agency-- ``(I) shall make consistent efforts to annually expand participation by emerging business enterprises from each industry category in contracts of the agency; and ``(II) shall, subject to clause (iii), award a contract to an emerging business enterprise if the head of a Federal agency determines the agency will not meet the goals established under this subparagraph for a fiscal year. ``(39) Emerging business enterprises.-- ``(A) Reports.--On the date that is 1 year after the end of the first fiscal year for which a guaranteed loan is made to an emerging business enterprise under this subsection, and annually thereafter, each lender making such a loan shall submit to the Administrator a report with respect to the preceding fiscal year on the total number and dollar amount of such loans made and the number of waivers issued under paragraph (38). ( 2) Emerging business enterprise.--The term ``emerging business enterprise'' has the meaning given under subsection (gg) of section 3 of the Small Business Act (15 U.S.C. 632), as added by this Act.

Emerging Business Encouragement Act of 2022 - Amends the Small Business Act to direct the Administrator of the Small business Administration (SBA) to establish criteria for designation of a small business concern as an emerging business enterprise, including: (1) the highest number of employees during the year preceding the date of application is less than the larger of: (2) 10% of the Amends the Small Business Act to prohibit the Administrator of the Small Bank Administration (SBA) from collecting an origination fee or a guarantee fee in connection with a loan made to an emerging business enterprise unless: (1) the President's budget for the upcoming fiscal year includes a cost for the program established under this Act that is above zero; and (2) the Administrator determines carrying

H.R.1333

Immigration

National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act This bill imposes limitations on the President's authority to suspend or restrict aliens from entering the United States. It also prohibits religious discrimination in various immigration-related decisions, such as whether to issue an immigrant or nonimmigrant visa, unless there is a statutory basis for such discrimination. The President may temporarily restrict the entry of any aliens or class of aliens after the Department of State determines that the restriction would address specific and credible facts that threaten U.S. interests such as security or public safety. The bill also imposes limitations on such restrictions, such as requiring the President, State Department, and the Department of Homeland Security (DHS) to (1) only issue a restriction when required to address a compelling government interest, and (2) narrowly tailor the suspension to use the least restrictive means to achieve such an interest. Before imposing a restriction, the State Department and DHS shall consult with Congress. The State Department and DHS shall report to Congress about the restriction within 48 hours of the restriction's imposition. If such a report is not made, the restriction shall immediately terminate. Individuals or entities present in the United States and unlawfully harmed by such a restriction may sue in federal court. DHS may suspend the entry of aliens traveling to the United States on a commercial airline that failed to comply with regulations related to detecting fraudulent travel documents.

To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Origin-Based Antidiscrimination for Nonimmigrants Act'' or the ``NO BAN Act''. SEC. 2. EXPANSION OF NONDISCRIMINATION PROVISION. Section 202(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(1)(A)) is amended-- (1) by striking ``Except as specifically provided in paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i), and 203, no'' and inserting ``No''; (2) by inserting ``or a nonimmigrant visa, admission or other entry into the United States, or the approval or revocation of any immigration benefit'' after ``immigrant visa''; (3) by inserting ``religion,'' after ``sex,''; and (4) by inserting before the period at the end the following: ``, except as specifically provided in paragraph (2), in sections 101(a)(27), 201(b)(2)(A)(i), and 203, if otherwise expressly required by statute, or if a statutorily authorized benefit takes into consideration such factors''. SEC. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO SUSPEND OR RESTRICT THE ENTRY OF A CLASS OF ALIENS. Section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) is amended to read as follows: ``(f) Authority to Suspend or Restrict the Entry of a Class of Aliens.-- ``(1) In general.--Subject to paragraph (2), if the Secretary of State, in consultation with the Secretary of Homeland Security, determines, based on specific and credible facts, that the entry of any aliens or any class of aliens into the United States would undermine the security or public safety of the United States or the preservation of human rights, democratic processes or institutions, or international stability, the President may temporarily-- ``(A) suspend the entry of such aliens or class of aliens as immigrants or nonimmigrants; or ``(B) impose any restrictions on the entry of such aliens that the President deems appropriate. ``(2) Limitations.--In carrying out paragraph (1), the President, the Secretary of State, and the Secretary of Homeland Security shall-- ``(A) only issue a suspension or restriction when required to address specific acts implicating a compelling government interest in a factor identified in paragraph (1); ``(B) narrowly tailor the suspension or restriction, using the least restrictive means, to achieve such compelling government interest; ``(C) specify the duration of the suspension or restriction; ``(D) consider waivers to any class-based restriction or suspension and apply a rebuttable presumption in favor of granting family-based and humanitarian waivers; and ``(E) comply with all provisions of this Act. ``(3) Congressional notification.-- ``(A) In general.--Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. ``(B) Briefing and report.--Not later than 48 hours after the President exercises the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall provide a briefing and submit a written report to Congress that describes-- ``(i) the action taken pursuant to paragraph (1) and the specified objective of such action; ``(ii) the estimated number of individuals who will be impacted by such action; ``(iii) the constitutional and legislative authority under which such action took place; and ``(iv) the circumstances necessitating such action, including how such action complies with paragraph (2), as well as any intelligence informing such actions. ``(C) Termination.--If the briefing and report described in subparagraph (B) are not provided to Congress during the 48 hours that begin when the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. ``(D) Congressional committees.--The term `Congress', as used in this paragraph, refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. ``(4) Publication.--The Secretary of State and the Secretary of Homeland Security shall publicly announce and publish an unclassified version of the report described in paragraph (3)(B) in the Federal Register. ``(5) Judicial review.-- ``(A) In general.--Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. ``(B) Class action.--Nothing in this Act may be construed to preclude an action filed pursuant to subparagraph (A) from proceeding as a class action. ``(6) Treatment of commercial airlines.--Whenever the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary of Homeland Security relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary of Homeland Security may suspend the entry of some or all aliens transported to the United States by such airline. ``(7) Rule of construction.--Nothing in this section may be construed as authorizing the President, the Secretary of State, or the Secretary of Homeland Security to act in a manner inconsistent with the policy decisions expressed in the immigration laws.''. SEC. 4. VISA APPLICANTS REPORT. (a) Initial Reports.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in section 212(f)(3)(D) of the Immigration and Nationality Act, as amended by section 3 of this Act, that describes the implementation of Presidential Proclamations 9645, 9822, and 9983 and Executive Order Nos. 13769, 13780, and 13815, during the effective period of each such proclamation and order. (2) Presidential proclamation 9645 and 9983.--In addition to the content described in paragraph (1), the report submitted with respect to Presidential Proclamation 9645, issued on September 24, 2017, and Presidential Proclamation 9983, issued on January 31, 2020, shall include, for each country listed in such proclamation-- (A) the total number of individuals who applied for a visa during the time period the proclamation was in effect, disaggregated by country and visa category; (B) the total number of visa applicants described in subparagraph (A) who were approved, disaggregated by country and visa category; (C) the total number of visa applicants described in subparagraph (A) who were refused, disaggregated by country and visa category, and the reasons they were refused; (D) the total number of visa applicants described in subparagraph (A) whose applications remain pending, disaggregated by country and visa category; (E) the total number of visa applicants described in subparagraph (A) who were granted a waiver, disaggregated by country and visa category; (F) the total number of visa applicants described in subparagraph (A) who were denied a waiver, disaggregated by country and visa category, and the reasons such waiver requests were denied; (G) the total number of refugees admitted, disaggregated by country; and (H) the complete reports that were submitted to the President every 180 days in accordance with section 4 of Presidential Proclamation 9645 in its original form, and as amended by Presidential Proclamation 9983. (b) Additional Reports.--Not later than 30 days after the date on which the President exercises the authority under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)), as amended by section 3 of this Act, and every 30 days thereafter, the Secretary of State, in coordination with the Secretary of Homeland Security and heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in paragraph (3)(D) of such section 212(f) that identifies, with respect to countries affected by a suspension or restriction, the information described in subparagraphs (A) through (G) of subsection (a)(2) of this section and the specific evidence supporting the need for the continued exercise of presidential authority under such section 212(f), including the information described in paragraph (3)(B) of such section 212(f). If the report described in this subsection is not provided to such congressional committees in the time specified, the suspension or restriction shall immediately terminate absent intervening congressional action. A final report with such information shall be prepared and submitted to such congressional committees not later than 30 days after the suspension or restriction is lifted. (c) Form; Availability.--The reports required under subsections (a) and (b) shall be made publicly available online in unclassified form. Passed the House of Representatives April 21, 2021. Attest: CHERYL L. JOHNSON, Clerk.

NO BAN Act

To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens.

NO BAN Act National Origin-Based Antidiscrimination for Nonimmigrants Act NO BAN Act National Origin-Based Antidiscrimination for Nonimmigrants Act NO BAN Act National Origin-Based Antidiscrimination for Nonimmigrants Act NO BAN Act National Origin-Based Antidiscrimination for Nonimmigrants Act

Rep. Chu, Judy

D

CA

This bill imposes limitations on the President's authority to suspend or restrict aliens from entering the United States. It also prohibits religious discrimination in various immigration-related decisions, such as whether to issue an immigrant or nonimmigrant visa, unless there is a statutory basis for such discrimination. The President may temporarily restrict the entry of any aliens or class of aliens after the Department of State determines that the restriction would address specific and credible facts that threaten U.S. interests such as security or public safety. The bill also imposes limitations on such restrictions, such as requiring the President, State Department, and the Department of Homeland Security (DHS) to (1) only issue a restriction when required to address a compelling government interest, and (2) narrowly tailor the suspension to use the least restrictive means to achieve such an interest. Before imposing a restriction, the State Department and DHS shall consult with Congress. The State Department and DHS shall report to Congress about the restriction within 48 hours of the restriction's imposition. If such a report is not made, the restriction shall immediately terminate. Individuals or entities present in the United States and unlawfully harmed by such a restriction may sue in federal court. DHS may suspend the entry of aliens traveling to the United States on a commercial airline that failed to comply with regulations related to detecting fraudulent travel documents.

2. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO SUSPEND OR RESTRICT THE ENTRY OF A CLASS OF ALIENS. Section 212(f) of the Immigration and Nationality Act (8 U.S.C. ``(D) Congressional committees.--The term `Congress', as used in this paragraph, refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. ``(4) Publication.--The Secretary of State and the Secretary of Homeland Security shall publicly announce and publish an unclassified version of the report described in paragraph (3)(B) in the Federal Register. ``(5) Judicial review.-- ``(A) In general.--Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. ``(B) Class action.--Nothing in this Act may be construed to preclude an action filed pursuant to subparagraph (A) from proceeding as a class action. SEC. VISA APPLICANTS REPORT. (2) Presidential proclamation 9645 and 9983.--In addition to the content described in paragraph (1), the report submitted with respect to Presidential Proclamation 9645, issued on September 24, 2017, and Presidential Proclamation 9983, issued on January 31, 2020, shall include, for each country listed in such proclamation-- (A) the total number of individuals who applied for a visa during the time period the proclamation was in effect, disaggregated by country and visa category; (B) the total number of visa applicants described in subparagraph (A) who were approved, disaggregated by country and visa category; (C) the total number of visa applicants described in subparagraph (A) who were refused, disaggregated by country and visa category, and the reasons they were refused; (D) the total number of visa applicants described in subparagraph (A) whose applications remain pending, disaggregated by country and visa category; (E) the total number of visa applicants described in subparagraph (A) who were granted a waiver, disaggregated by country and visa category; (F) the total number of visa applicants described in subparagraph (A) who were denied a waiver, disaggregated by country and visa category, and the reasons such waiver requests were denied; (G) the total number of refugees admitted, disaggregated by country; and (H) the complete reports that were submitted to the President every 180 days in accordance with section 4 of Presidential Proclamation 9645 in its original form, and as amended by Presidential Proclamation 9983. A final report with such information shall be prepared and submitted to such congressional committees not later than 30 days after the suspension or restriction is lifted.

2. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO SUSPEND OR RESTRICT THE ENTRY OF A CLASS OF ALIENS. Section 212(f) of the Immigration and Nationality Act (8 U.S.C. ``(D) Congressional committees.--The term `Congress', as used in this paragraph, refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. ``(4) Publication.--The Secretary of State and the Secretary of Homeland Security shall publicly announce and publish an unclassified version of the report described in paragraph (3)(B) in the Federal Register. ``(B) Class action.--Nothing in this Act may be construed to preclude an action filed pursuant to subparagraph (A) from proceeding as a class action. VISA APPLICANTS REPORT.

SHORT TITLE. This Act may be cited as the ``National Origin-Based Antidiscrimination for Nonimmigrants Act'' or the ``NO BAN Act''. 2. 1152(a)(1)(A)) is amended-- (1) by striking ``Except as specifically provided in paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i), and 203, no'' and inserting ``No''; (2) by inserting ``or a nonimmigrant visa, admission or other entry into the United States, or the approval or revocation of any immigration benefit'' after ``immigrant visa''; (3) by inserting ``religion,'' after ``sex,''; and (4) by inserting before the period at the end the following: ``, except as specifically provided in paragraph (2), in sections 101(a)(27), 201(b)(2)(A)(i), and 203, if otherwise expressly required by statute, or if a statutorily authorized benefit takes into consideration such factors''. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO SUSPEND OR RESTRICT THE ENTRY OF A CLASS OF ALIENS. Section 212(f) of the Immigration and Nationality Act (8 U.S.C. ``(D) Congressional committees.--The term `Congress', as used in this paragraph, refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. ``(4) Publication.--The Secretary of State and the Secretary of Homeland Security shall publicly announce and publish an unclassified version of the report described in paragraph (3)(B) in the Federal Register. ``(5) Judicial review.-- ``(A) In general.--Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. ``(B) Class action.--Nothing in this Act may be construed to preclude an action filed pursuant to subparagraph (A) from proceeding as a class action. ``(6) Treatment of commercial airlines.--Whenever the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary of Homeland Security relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary of Homeland Security may suspend the entry of some or all aliens transported to the United States by such airline. SEC. VISA APPLICANTS REPORT. 13769, 13780, and 13815, during the effective period of each such proclamation and order. (2) Presidential proclamation 9645 and 9983.--In addition to the content described in paragraph (1), the report submitted with respect to Presidential Proclamation 9645, issued on September 24, 2017, and Presidential Proclamation 9983, issued on January 31, 2020, shall include, for each country listed in such proclamation-- (A) the total number of individuals who applied for a visa during the time period the proclamation was in effect, disaggregated by country and visa category; (B) the total number of visa applicants described in subparagraph (A) who were approved, disaggregated by country and visa category; (C) the total number of visa applicants described in subparagraph (A) who were refused, disaggregated by country and visa category, and the reasons they were refused; (D) the total number of visa applicants described in subparagraph (A) whose applications remain pending, disaggregated by country and visa category; (E) the total number of visa applicants described in subparagraph (A) who were granted a waiver, disaggregated by country and visa category; (F) the total number of visa applicants described in subparagraph (A) who were denied a waiver, disaggregated by country and visa category, and the reasons such waiver requests were denied; (G) the total number of refugees admitted, disaggregated by country; and (H) the complete reports that were submitted to the President every 180 days in accordance with section 4 of Presidential Proclamation 9645 in its original form, and as amended by Presidential Proclamation 9983. A final report with such information shall be prepared and submitted to such congressional committees not later than 30 days after the suspension or restriction is lifted. Attest: CHERYL L. JOHNSON, Clerk.

SHORT TITLE. This Act may be cited as the ``National Origin-Based Antidiscrimination for Nonimmigrants Act'' or the ``NO BAN Act''. 2. EXPANSION OF NONDISCRIMINATION PROVISION. 1152(a)(1)(A)) is amended-- (1) by striking ``Except as specifically provided in paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i), and 203, no'' and inserting ``No''; (2) by inserting ``or a nonimmigrant visa, admission or other entry into the United States, or the approval or revocation of any immigration benefit'' after ``immigrant visa''; (3) by inserting ``religion,'' after ``sex,''; and (4) by inserting before the period at the end the following: ``, except as specifically provided in paragraph (2), in sections 101(a)(27), 201(b)(2)(A)(i), and 203, if otherwise expressly required by statute, or if a statutorily authorized benefit takes into consideration such factors''. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO SUSPEND OR RESTRICT THE ENTRY OF A CLASS OF ALIENS. Section 212(f) of the Immigration and Nationality Act (8 U.S.C. ``(3) Congressional notification.-- ``(A) In general.--Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. ``(C) Termination.--If the briefing and report described in subparagraph (B) are not provided to Congress during the 48 hours that begin when the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. ``(D) Congressional committees.--The term `Congress', as used in this paragraph, refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. ``(4) Publication.--The Secretary of State and the Secretary of Homeland Security shall publicly announce and publish an unclassified version of the report described in paragraph (3)(B) in the Federal Register. ``(5) Judicial review.-- ``(A) In general.--Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. ``(B) Class action.--Nothing in this Act may be construed to preclude an action filed pursuant to subparagraph (A) from proceeding as a class action. ``(6) Treatment of commercial airlines.--Whenever the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary of Homeland Security relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary of Homeland Security may suspend the entry of some or all aliens transported to the United States by such airline. SEC. VISA APPLICANTS REPORT. (a) Initial Reports.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in section 212(f)(3)(D) of the Immigration and Nationality Act, as amended by section 3 of this Act, that describes the implementation of Presidential Proclamations 9645, 9822, and 9983 and Executive Order Nos. 13769, 13780, and 13815, during the effective period of each such proclamation and order. (2) Presidential proclamation 9645 and 9983.--In addition to the content described in paragraph (1), the report submitted with respect to Presidential Proclamation 9645, issued on September 24, 2017, and Presidential Proclamation 9983, issued on January 31, 2020, shall include, for each country listed in such proclamation-- (A) the total number of individuals who applied for a visa during the time period the proclamation was in effect, disaggregated by country and visa category; (B) the total number of visa applicants described in subparagraph (A) who were approved, disaggregated by country and visa category; (C) the total number of visa applicants described in subparagraph (A) who were refused, disaggregated by country and visa category, and the reasons they were refused; (D) the total number of visa applicants described in subparagraph (A) whose applications remain pending, disaggregated by country and visa category; (E) the total number of visa applicants described in subparagraph (A) who were granted a waiver, disaggregated by country and visa category; (F) the total number of visa applicants described in subparagraph (A) who were denied a waiver, disaggregated by country and visa category, and the reasons such waiver requests were denied; (G) the total number of refugees admitted, disaggregated by country; and (H) the complete reports that were submitted to the President every 180 days in accordance with section 4 of Presidential Proclamation 9645 in its original form, and as amended by Presidential Proclamation 9983. A final report with such information shall be prepared and submitted to such congressional committees not later than 30 days after the suspension or restriction is lifted. Passed the House of Representatives April 21, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens. This Act may be cited as the ``National Origin-Based Antidiscrimination for Nonimmigrants Act'' or the ``NO BAN Act''. ``(3) Congressional notification.-- ``(A) In general.--Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. ``(C) Termination.--If the briefing and report described in subparagraph (B) are not provided to Congress during the 48 hours that begin when the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. ``(D) Congressional committees.--The term `Congress', as used in this paragraph, refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. ``(5) Judicial review.-- ``(A) In general.--Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. ``(6) Treatment of commercial airlines.--Whenever the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary of Homeland Security relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary of Homeland Security may suspend the entry of some or all aliens transported to the United States by such airline. a) Initial Reports.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in section 212(f)(3)(D) of the Immigration and Nationality Act, as amended by section 3 of this Act, that describes the implementation of Presidential Proclamations 9645, 9822, and 9983 and Executive Order Nos. If the report described in this subsection is not provided to such congressional committees in the time specified, the suspension or restriction shall immediately terminate absent intervening congressional action. c) Form; Availability.--The reports required under subsections (a) and (b) shall be made publicly available online in unclassified form.

To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(3) Congressional notification.-- ``(A) In general.--Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. ``(C) Termination.--If the briefing and report described in subparagraph (B) are not provided to Congress during the 48 hours that begin when the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. ``(D) Congressional committees.--The term `Congress', as used in this paragraph, refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. ``(5) Judicial review.-- ``(A) In general.--Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. (a) Initial Reports.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in section 212(f)(3)(D) of the Immigration and Nationality Act, as amended by section 3 of this Act, that describes the implementation of Presidential Proclamations 9645, 9822, and 9983 and Executive Order Nos. 13769, 13780, and 13815, during the effective period of each such proclamation and order. ( If the report described in this subsection is not provided to such congressional committees in the time specified, the suspension or restriction shall immediately terminate absent intervening congressional action. c) Form; Availability.--The reports required under subsections (a) and (b) shall be made publicly available online in unclassified form.

To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(3) Congressional notification.-- ``(A) In general.--Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. ``(C) Termination.--If the briefing and report described in subparagraph (B) are not provided to Congress during the 48 hours that begin when the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. ``(D) Congressional committees.--The term `Congress', as used in this paragraph, refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. ``(5) Judicial review.-- ``(A) In general.--Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. (a) Initial Reports.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in section 212(f)(3)(D) of the Immigration and Nationality Act, as amended by section 3 of this Act, that describes the implementation of Presidential Proclamations 9645, 9822, and 9983 and Executive Order Nos. 13769, 13780, and 13815, during the effective period of each such proclamation and order. ( If the report described in this subsection is not provided to such congressional committees in the time specified, the suspension or restriction shall immediately terminate absent intervening congressional action. c) Form; Availability.--The reports required under subsections (a) and (b) shall be made publicly available online in unclassified form.

To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens. This Act may be cited as the ``National Origin-Based Antidiscrimination for Nonimmigrants Act'' or the ``NO BAN Act''. ``(3) Congressional notification.-- ``(A) In general.--Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. ``(C) Termination.--If the briefing and report described in subparagraph (B) are not provided to Congress during the 48 hours that begin when the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. ``(D) Congressional committees.--The term `Congress', as used in this paragraph, refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. ``(5) Judicial review.-- ``(A) In general.--Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. ``(6) Treatment of commercial airlines.--Whenever the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary of Homeland Security relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary of Homeland Security may suspend the entry of some or all aliens transported to the United States by such airline. a) Initial Reports.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in section 212(f)(3)(D) of the Immigration and Nationality Act, as amended by section 3 of this Act, that describes the implementation of Presidential Proclamations 9645, 9822, and 9983 and Executive Order Nos. If the report described in this subsection is not provided to such congressional committees in the time specified, the suspension or restriction shall immediately terminate absent intervening congressional action. c) Form; Availability.--The reports required under subsections (a) and (b) shall be made publicly available online in unclassified form.

To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(3) Congressional notification.-- ``(A) In general.--Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. ``(C) Termination.--If the briefing and report described in subparagraph (B) are not provided to Congress during the 48 hours that begin when the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. ``(D) Congressional committees.--The term `Congress', as used in this paragraph, refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. ``(5) Judicial review.-- ``(A) In general.--Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. (a) Initial Reports.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in section 212(f)(3)(D) of the Immigration and Nationality Act, as amended by section 3 of this Act, that describes the implementation of Presidential Proclamations 9645, 9822, and 9983 and Executive Order Nos. 13769, 13780, and 13815, during the effective period of each such proclamation and order. ( If the report described in this subsection is not provided to such congressional committees in the time specified, the suspension or restriction shall immediately terminate absent intervening congressional action. c) Form; Availability.--The reports required under subsections (a) and (b) shall be made publicly available online in unclassified form.

To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens. This Act may be cited as the ``National Origin-Based Antidiscrimination for Nonimmigrants Act'' or the ``NO BAN Act''. ``(3) Congressional notification.-- ``(A) In general.--Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. ``(C) Termination.--If the briefing and report described in subparagraph (B) are not provided to Congress during the 48 hours that begin when the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. ``(D) Congressional committees.--The term `Congress', as used in this paragraph, refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. ``(5) Judicial review.-- ``(A) In general.--Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. ``(6) Treatment of commercial airlines.--Whenever the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary of Homeland Security relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary of Homeland Security may suspend the entry of some or all aliens transported to the United States by such airline. a) Initial Reports.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in section 212(f)(3)(D) of the Immigration and Nationality Act, as amended by section 3 of this Act, that describes the implementation of Presidential Proclamations 9645, 9822, and 9983 and Executive Order Nos. If the report described in this subsection is not provided to such congressional committees in the time specified, the suspension or restriction shall immediately terminate absent intervening congressional action. c) Form; Availability.--The reports required under subsections (a) and (b) shall be made publicly available online in unclassified form.

To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ``(3) Congressional notification.-- ``(A) In general.--Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. ``(C) Termination.--If the briefing and report described in subparagraph (B) are not provided to Congress during the 48 hours that begin when the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. ``(D) Congressional committees.--The term `Congress', as used in this paragraph, refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. ``(5) Judicial review.-- ``(A) In general.--Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. (a) Initial Reports.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in section 212(f)(3)(D) of the Immigration and Nationality Act, as amended by section 3 of this Act, that describes the implementation of Presidential Proclamations 9645, 9822, and 9983 and Executive Order Nos. 13769, 13780, and 13815, during the effective period of each such proclamation and order. ( If the report described in this subsection is not provided to such congressional committees in the time specified, the suspension or restriction shall immediately terminate absent intervening congressional action. c) Form; Availability.--The reports required under subsections (a) and (b) shall be made publicly available online in unclassified form.

To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens. This Act may be cited as the ``National Origin-Based Antidiscrimination for Nonimmigrants Act'' or the ``NO BAN Act''. ``(3) Congressional notification.-- ``(A) In general.--Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. ``(C) Termination.--If the briefing and report described in subparagraph (B) are not provided to Congress during the 48 hours that begin when the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. ``(D) Congressional committees.--The term `Congress', as used in this paragraph, refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. ``(5) Judicial review.-- ``(A) In general.--Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. ``(6) Treatment of commercial airlines.--Whenever the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary of Homeland Security relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary of Homeland Security may suspend the entry of some or all aliens transported to the United States by such airline. a) Initial Reports.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in section 212(f)(3)(D) of the Immigration and Nationality Act, as amended by section 3 of this Act, that describes the implementation of Presidential Proclamations 9645, 9822, and 9983 and Executive Order Nos. If the report described in this subsection is not provided to such congressional committees in the time specified, the suspension or restriction shall immediately terminate absent intervening congressional action. c) Form; Availability.--The reports required under subsections (a) and (b) shall be made publicly available online in unclassified form.

To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens. ``(3) Congressional notification.-- ``(A) In general.--Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. ( If the report described in this subsection is not provided to such congressional committees in the time specified, the suspension or restriction shall immediately terminate absent intervening congressional action. c) Form; Availability.--The reports required under subsections (a) and (b) shall be made publicly available online in unclassified form.

To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens. ``(3) Congressional notification.-- ``(A) In general.--Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. ``(5) Judicial review.-- ``(A) In general.--Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. ``(6) Treatment of commercial airlines.--Whenever the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary of Homeland Security relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary of Homeland Security may suspend the entry of some or all aliens transported to the United States by such airline. c) Form; Availability.--The reports required under subsections (a) and (b) shall be made publicly available online in unclassified form.

National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act - Amends the Immigration and Nationality Act to authorize the President, in consultation with the Secretary of State, to temporarily suspend or restrict the entry of any aliens or class of aliens as immigrants or nonimmigrants, or impose any restrictions on such entry that the President deems appropriate, if the This bill requires the Department of State to report to Congress on the implementation of Presidential Proclamations 9645, 9822, and 9983 and Executive Order 13769, 13780, and 13815 during the effective period of each such proclamation and order. The report must include: (1) the total number of individuals who applied for a visa during the time period the proclamation

H.R.3243

Transportation and Public Works

Pipeline Security Act This bill revises the duties of the Transportation Security Administration (TSA) to include securing pipelines and pipeline facilities against cybersecurity threats, acts of terrorism, and other acts that jeopardize the physical security or cybersecurity of the pipelines or facilities. Specifically, the bill (1) establishes a pipeline security section within the TSA, (2) directs the TSA to develop a personnel strategy for enhancing operations within such section, and (3) requires the TSA to publish updated pipeline security guidelines. The TSA must also convene not less than two industry days to engage with relevant pipeline transportation and pipeline facilities stakeholders on matters related to the security of pipeline transportation and pipeline facilities.

To codify the Transportation Security Administration's responsibility relating to securing pipelines against cybersecurity threats, acts of terrorism, and other nefarious acts that jeopardize the physical security or cybersecurity of pipelines, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pipeline Security Act''. SEC. 2. PIPELINE SECURITY RESPONSIBILITIES. Subsection (f) of section 114 of title 49, United States Code, is amended-- (1) in paragraph (15), by striking ``and'' after the semicolon at the end; (2) by redesignating paragraph (16) as paragraph (17); and (3) by inserting after paragraph (15) the following new paragraph: ``(16) maintain responsibility, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, as appropriate, relating to securing pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of this title) against cybersecurity threats (as such term is defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (Public Law 114- 113; 6 U.S.C. 1501)), an act of terrorism (as such term is defined in section 3077 of title 18), and other nefarious acts that jeopardize the physical security or cybersecurity of such transportation or facilities; and''. SEC. 3. PIPELINE SECURITY SECTION PIPELINE SECURITY DIVISION. (a) In General.--Title XVI of the Homeland Security Act of 2002 (6 U.S.C. 561 et seq.) is amended by adding at the end the following: ``Subtitle D--Pipeline Security ``SEC. 1631. PIPELINE SECURITY SECTION PIPELINE SECURITY DIVISION. ``(a) Establishment.--There is within the Administration a pipeline security section pipeline security division to carry out pipeline security programs in furtherance of section 114(f)(16) of title 49, United States Code. ``(b) Mission.--The mission of the section division referred to in subsection (a) is to oversee, in coordination with the Cybersecurity and Infrastructure Security Agency of the Department, the security of pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of title 49, United States Code) against cybersecurity threats (as such term is defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (Public Law 114-113; 6 U.S.C. 1501)), an act of terrorism (as such term is defined in section 3077 of title 18, United States Code), and other nefarious acts that jeopardize the physical security or cybersecurity of such transportation or facilities. ``(c) Leadership; Staffing.--The Administrator shall appoint as the head of the section division an individual in the executive service of the Administration with knowledge of the pipeline industry and security best practices, as determined appropriate by the Administrator. The section division shall be staffed by a workforce that includes personnel with cybersecurity expertise. ``(d) Responsibilities.--The section division shall be responsible for carrying out the duties of the section division as directed by the Administrator, acting through the head appointed pursuant to subsection (c). Such duties shall include the following: ``(1) Developing, in consultation with relevant Federal, State, local, Tribal, and territorial entities and public and private sector stakeholders, guidelines for improving the security of pipeline transportation and pipeline facilities against cybersecurity threats, an act of terrorism, and other nefarious acts that jeopardize the physical security or cybersecurity of such transportation or facilities, consistent with the National Institute of Standards and Technology Framework for Improvement of Critical Infrastructure Cybersecurity and any update to such guidelines pursuant to section 2(c)(15) of the National Institute for Standards and Technology Act (15 U.S.C. 272(c)(15)). ``(2) Updating such guidelines as necessary based on intelligence and risk assessments, but not less frequently than every three years, unless such guidelines are superseded by directives or regulations. ``(3) Sharing of such guidelines and, as appropriate, intelligence and information regarding such security threats to pipeline transportation and pipeline facilities, as appropriate, with relevant Federal, State, local, Tribal, and territorial entities and public and private sector stakeholders. ``(4) Conducting voluntary security assessments based on such guidelines to provide recommendations, or mandatory security assessments if required by superseding directives or regulations, to provide recommendations or requirements for the improvement of the security of pipeline transportation and pipeline facilities against cybersecurity threats, an act of terrorism, and other nefarious acts that jeopardize the physical security or cybersecurity of such transportation or facilities, including the security policies, plans, practices, and training programs maintained by owners and operators of pipeline facilities. ``(5) Carrying out a program through which the Administrator identifies and ranks the relative risk of pipelines and inspects pipeline facilities designated by owners and operators of such facilities as critical based on such guidelines or superseding directives or regulations. <DELETED> ``(6) Preparing notice and comment regulations for publication, if determined necessary by the Administrator.</DELETED> ``(6) Supporting the development and implementation of a security directive or regulation when the Administrator issues such a directive or regulation. ``(e) Details.--In furtherance of the section's division's mission, as set forth in subsection (b), the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency may detail personnel between their components to leverage expertise. Personnel detailed from the Cybersecurity and Infrastructure Security Agency may be considered as fulfilling the cybersecurity expertise requirements in referred to in subsection (c).''. (b) Updated Guidelines.--Not later than one year after the date of the enactment of this Act, the pipeline security section pipeline security division of the Transportation Security Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by subsection (a), shall publish updated guidelines described in subsection (d) of such section, except to the extent such guidelines have been superseded by directives or regulations. (c) Clerical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by-- (1) striking the item relating to section 1617 and inserting the following new item: ``Sec. 1617. Diversified security technology industry marketplace.''; (2) by striking the item relating to section 1621 and inserting the following new item: ``Sec. 1621. Maintenance validation and oversight.''; (3) inserting after the item relating to section 1621 the following: ``Subtitle D--Pipeline Security ``Sec. 1631. Pipeline security section Pipeline security division.''. SEC. 4. PERSONNEL STRATEGY. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, shall develop a personnel strategy for enhancing operations within the pipeline security section pipeline security division of the Transportation Security Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by section 3. (b) Contents.--The strategy required under subsection (a) shall take into consideration the most recently published versions of each of the following documents: (1) The Transportation Security Administration National Strategy for Transportation Security. (2) The Department of Homeland Security Cybersecurity Strategy. (3) The Transportation Security Administration Cybersecurity Roadmap. (4) The Department of Homeland Security Balanced Workforce Strategy. (5) The Department of Homeland Security Quadrennial Homeland Security Review. (c) Cybersecurity Expertise.--The strategy shall include an assessment of the cybersecurity expertise determined necessary by the Administrator of the Transportation Security Administration and a plan for developing such expertise within the Administration. (c) (d) Resources.--The strategy shall include an assessment of resources determined necessary by the Administrator of the Transportation Security Administration to carry out such strategy. (d) (e) Submission to Congress.--Upon development of the strategy, the Administrator of the Transportation Security Administration shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a copy of such strategy. SEC. 5. OVERSIGHT. (a) Report to Congress.--The Administrator of the Transportation Security Administration shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not less than annually on activities of the pipeline security section pipeline security division of the Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by section 3, including information with respect to guidelines, directives, regulations, security assessments, and inspections under such section. Each such report shall include a determination by the Administrator regarding whether there is a need for new regulations or non-regulatory initiatives and the basis for such determination. (b) GAO Review.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the implementation of this Act and the amendments made by this Act. SEC. 6. STAKEHOLDER ENGAGEMENT. Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall convene not less than two industry days to engage with relevant pipeline transportation and pipeline facilities stakeholders on matters related to the security of pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of title 49, United States Code). Union Calendar No. 60 117th CONGRESS 1st Session H. R. 3243 [Report No. 117-85] _______________________________________________________________________

Pipeline Security Act

To codify the Transportation Security Administration's responsibility relating to securing pipelines against cybersecurity threats, acts of terrorism, and other nefarious acts that jeopardize the physical security or cybersecurity of pipelines, and for other purposes.

Pipeline Security Act Pipeline Security Act

Rep. Cleaver, Emanuel

D

MO

This bill revises the duties of the Transportation Security Administration (TSA) to include securing pipelines and pipeline facilities against cybersecurity threats, acts of terrorism, and other acts that jeopardize the physical security or cybersecurity of the pipelines or facilities. Specifically, the bill (1) establishes a pipeline security section within the TSA, (2) directs the TSA to develop a personnel strategy for enhancing operations within such section, and (3) requires the TSA to publish updated pipeline security guidelines. The TSA must also convene not less than two industry days to engage with relevant pipeline transportation and pipeline facilities stakeholders on matters related to the security of pipeline transportation and pipeline facilities.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pipeline Security Act''. 2. PIPELINE SECURITY RESPONSIBILITIES. 1501)), an act of terrorism (as such term is defined in section 3077 of title 18), and other nefarious acts that jeopardize the physical security or cybersecurity of such transportation or facilities; and''. 561 et seq.) is amended by adding at the end the following: ``Subtitle D--Pipeline Security ``SEC. PIPELINE SECURITY SECTION PIPELINE SECURITY DIVISION. ``(b) Mission.--The mission of the section division referred to in subsection (a) is to oversee, in coordination with the Cybersecurity and Infrastructure Security Agency of the Department, the security of pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of title 49, United States Code) against cybersecurity threats (as such term is defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (Public Law 114-113; 6 U.S.C. ``(d) Responsibilities.--The section division shall be responsible for carrying out the duties of the section division as directed by the Administrator, acting through the head appointed pursuant to subsection (c). 272(c)(15)). ``(3) Sharing of such guidelines and, as appropriate, intelligence and information regarding such security threats to pipeline transportation and pipeline facilities, as appropriate, with relevant Federal, State, local, Tribal, and territorial entities and public and private sector stakeholders. ``(5) Carrying out a program through which the Administrator identifies and ranks the relative risk of pipelines and inspects pipeline facilities designated by owners and operators of such facilities as critical based on such guidelines or superseding directives or regulations. 1617. Diversified security technology industry marketplace. ''; (2) by striking the item relating to section 1621 and inserting the following new item: ``Sec. Maintenance validation and oversight. 1631. 4. PERSONNEL STRATEGY. (3) The Transportation Security Administration Cybersecurity Roadmap. (5) The Department of Homeland Security Quadrennial Homeland Security Review. (c) Cybersecurity Expertise.--The strategy shall include an assessment of the cybersecurity expertise determined necessary by the Administrator of the Transportation Security Administration and a plan for developing such expertise within the Administration. (d) (e) Submission to Congress.--Upon development of the strategy, the Administrator of the Transportation Security Administration shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a copy of such strategy. OVERSIGHT. Each such report shall include a determination by the Administrator regarding whether there is a need for new regulations or non-regulatory initiatives and the basis for such determination. (b) GAO Review.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the implementation of this Act and the amendments made by this Act. SEC. 6. STAKEHOLDER ENGAGEMENT. Union Calendar No. 60 117th CONGRESS 1st Session H. R. 3243 [Report No. 117-85] _______________________________________________________________________

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pipeline Security Act''. 2. PIPELINE SECURITY RESPONSIBILITIES. 1501)), an act of terrorism (as such term is defined in section 3077 of title 18), and other nefarious acts that jeopardize the physical security or cybersecurity of such transportation or facilities; and''. PIPELINE SECURITY SECTION PIPELINE SECURITY DIVISION. ``(b) Mission.--The mission of the section division referred to in subsection (a) is to oversee, in coordination with the Cybersecurity and Infrastructure Security Agency of the Department, the security of pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of title 49, United States Code) against cybersecurity threats (as such term is defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (Public Law 114-113; 6 U.S.C. 272(c)(15)). ``(3) Sharing of such guidelines and, as appropriate, intelligence and information regarding such security threats to pipeline transportation and pipeline facilities, as appropriate, with relevant Federal, State, local, Tribal, and territorial entities and public and private sector stakeholders. ``(5) Carrying out a program through which the Administrator identifies and ranks the relative risk of pipelines and inspects pipeline facilities designated by owners and operators of such facilities as critical based on such guidelines or superseding directives or regulations. 1617. Diversified security technology industry marketplace. ''; (2) by striking the item relating to section 1621 and inserting the following new item: ``Sec. 1631. 4. PERSONNEL STRATEGY. (3) The Transportation Security Administration Cybersecurity Roadmap. (5) The Department of Homeland Security Quadrennial Homeland Security Review. (c) Cybersecurity Expertise.--The strategy shall include an assessment of the cybersecurity expertise determined necessary by the Administrator of the Transportation Security Administration and a plan for developing such expertise within the Administration. OVERSIGHT. (b) GAO Review.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the implementation of this Act and the amendments made by this Act. SEC. 6. STAKEHOLDER ENGAGEMENT. 60 117th CONGRESS 1st Session H. R. 3243 [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. This Act may be cited as the ``Pipeline Security Act''. 2. PIPELINE SECURITY RESPONSIBILITIES. Subsection (f) of section 114 of title 49, United States Code, is amended-- (1) in paragraph (15), by striking ``and'' after the semicolon at the end; (2) by redesignating paragraph (16) as paragraph (17); and (3) by inserting after paragraph (15) the following new paragraph: ``(16) maintain responsibility, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, as appropriate, relating to securing pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of this title) against cybersecurity threats (as such term is defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (Public Law 114- 113; 6 U.S.C. 1501)), an act of terrorism (as such term is defined in section 3077 of title 18), and other nefarious acts that jeopardize the physical security or cybersecurity of such transportation or facilities; and''. (a) In General.--Title XVI of the Homeland Security Act of 2002 (6 U.S.C. 561 et seq.) is amended by adding at the end the following: ``Subtitle D--Pipeline Security ``SEC. PIPELINE SECURITY SECTION PIPELINE SECURITY DIVISION. ``(b) Mission.--The mission of the section division referred to in subsection (a) is to oversee, in coordination with the Cybersecurity and Infrastructure Security Agency of the Department, the security of pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of title 49, United States Code) against cybersecurity threats (as such term is defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (Public Law 114-113; 6 U.S.C. ``(d) Responsibilities.--The section division shall be responsible for carrying out the duties of the section division as directed by the Administrator, acting through the head appointed pursuant to subsection (c). 272(c)(15)). ``(2) Updating such guidelines as necessary based on intelligence and risk assessments, but not less frequently than every three years, unless such guidelines are superseded by directives or regulations. ``(3) Sharing of such guidelines and, as appropriate, intelligence and information regarding such security threats to pipeline transportation and pipeline facilities, as appropriate, with relevant Federal, State, local, Tribal, and territorial entities and public and private sector stakeholders. ``(5) Carrying out a program through which the Administrator identifies and ranks the relative risk of pipelines and inspects pipeline facilities designated by owners and operators of such facilities as critical based on such guidelines or superseding directives or regulations. ``(e) Details.--In furtherance of the section's division's mission, as set forth in subsection (b), the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency may detail personnel between their components to leverage expertise. 1617. Diversified security technology industry marketplace. ''; (2) by striking the item relating to section 1621 and inserting the following new item: ``Sec. Maintenance validation and oversight. 1631. 4. PERSONNEL STRATEGY. (b) Contents.--The strategy required under subsection (a) shall take into consideration the most recently published versions of each of the following documents: (1) The Transportation Security Administration National Strategy for Transportation Security. (3) The Transportation Security Administration Cybersecurity Roadmap. (5) The Department of Homeland Security Quadrennial Homeland Security Review. (c) Cybersecurity Expertise.--The strategy shall include an assessment of the cybersecurity expertise determined necessary by the Administrator of the Transportation Security Administration and a plan for developing such expertise within the Administration. (d) (e) Submission to Congress.--Upon development of the strategy, the Administrator of the Transportation Security Administration shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a copy of such strategy. OVERSIGHT. Each such report shall include a determination by the Administrator regarding whether there is a need for new regulations or non-regulatory initiatives and the basis for such determination. (b) GAO Review.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the implementation of this Act and the amendments made by this Act. SEC. 6. STAKEHOLDER ENGAGEMENT. Union Calendar No. 60 117th CONGRESS 1st Session H. R. 3243 [Report No. 117-85] _______________________________________________________________________

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pipeline Security Act''. 2. PIPELINE SECURITY RESPONSIBILITIES. Subsection (f) of section 114 of title 49, United States Code, is amended-- (1) in paragraph (15), by striking ``and'' after the semicolon at the end; (2) by redesignating paragraph (16) as paragraph (17); and (3) by inserting after paragraph (15) the following new paragraph: ``(16) maintain responsibility, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, as appropriate, relating to securing pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of this title) against cybersecurity threats (as such term is defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (Public Law 114- 113; 6 U.S.C. 1501)), an act of terrorism (as such term is defined in section 3077 of title 18), and other nefarious acts that jeopardize the physical security or cybersecurity of such transportation or facilities; and''. (a) In General.--Title XVI of the Homeland Security Act of 2002 (6 U.S.C. 561 et seq.) is amended by adding at the end the following: ``Subtitle D--Pipeline Security ``SEC. PIPELINE SECURITY SECTION PIPELINE SECURITY DIVISION. ``(b) Mission.--The mission of the section division referred to in subsection (a) is to oversee, in coordination with the Cybersecurity and Infrastructure Security Agency of the Department, the security of pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of title 49, United States Code) against cybersecurity threats (as such term is defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (Public Law 114-113; 6 U.S.C. ``(c) Leadership; Staffing.--The Administrator shall appoint as the head of the section division an individual in the executive service of the Administration with knowledge of the pipeline industry and security best practices, as determined appropriate by the Administrator. The section division shall be staffed by a workforce that includes personnel with cybersecurity expertise. ``(d) Responsibilities.--The section division shall be responsible for carrying out the duties of the section division as directed by the Administrator, acting through the head appointed pursuant to subsection (c). 272(c)(15)). ``(2) Updating such guidelines as necessary based on intelligence and risk assessments, but not less frequently than every three years, unless such guidelines are superseded by directives or regulations. ``(3) Sharing of such guidelines and, as appropriate, intelligence and information regarding such security threats to pipeline transportation and pipeline facilities, as appropriate, with relevant Federal, State, local, Tribal, and territorial entities and public and private sector stakeholders. ``(5) Carrying out a program through which the Administrator identifies and ranks the relative risk of pipelines and inspects pipeline facilities designated by owners and operators of such facilities as critical based on such guidelines or superseding directives or regulations. <DELETED> ``(6) Preparing notice and comment regulations for publication, if determined necessary by the Administrator.</DELETED> ``(6) Supporting the development and implementation of a security directive or regulation when the Administrator issues such a directive or regulation. ``(e) Details.--In furtherance of the section's division's mission, as set forth in subsection (b), the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency may detail personnel between their components to leverage expertise. Personnel detailed from the Cybersecurity and Infrastructure Security Agency may be considered as fulfilling the cybersecurity expertise requirements in referred to in subsection (c).''. (b) Updated Guidelines.--Not later than one year after the date of the enactment of this Act, the pipeline security section pipeline security division of the Transportation Security Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by subsection (a), shall publish updated guidelines described in subsection (d) of such section, except to the extent such guidelines have been superseded by directives or regulations. 1617. Diversified security technology industry marketplace. ''; (2) by striking the item relating to section 1621 and inserting the following new item: ``Sec. Maintenance validation and oversight. 1631. 4. PERSONNEL STRATEGY. (b) Contents.--The strategy required under subsection (a) shall take into consideration the most recently published versions of each of the following documents: (1) The Transportation Security Administration National Strategy for Transportation Security. (3) The Transportation Security Administration Cybersecurity Roadmap. (5) The Department of Homeland Security Quadrennial Homeland Security Review. (c) Cybersecurity Expertise.--The strategy shall include an assessment of the cybersecurity expertise determined necessary by the Administrator of the Transportation Security Administration and a plan for developing such expertise within the Administration. (c) (d) Resources.--The strategy shall include an assessment of resources determined necessary by the Administrator of the Transportation Security Administration to carry out such strategy. (d) (e) Submission to Congress.--Upon development of the strategy, the Administrator of the Transportation Security Administration shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a copy of such strategy. OVERSIGHT. Each such report shall include a determination by the Administrator regarding whether there is a need for new regulations or non-regulatory initiatives and the basis for such determination. (b) GAO Review.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the implementation of this Act and the amendments made by this Act. SEC. 6. STAKEHOLDER ENGAGEMENT. Union Calendar No. 60 117th CONGRESS 1st Session H. R. 3243 [Report No. 117-85] _______________________________________________________________________

To codify the Transportation Security Administration's responsibility relating to securing pipelines against cybersecurity threats, acts of terrorism, and other nefarious acts that jeopardize the physical security or cybersecurity of pipelines, and for other purposes. This Act may be cited as the ``Pipeline Security Act''. is amended by adding at the end the following: ``Subtitle D--Pipeline Security ``SEC. ``(a) Establishment.--There is within the Administration a pipeline security section pipeline security division to carry out pipeline security programs in furtherance of section 114(f)(16) of title 49, United States Code. ``(d) Responsibilities.--The section division shall be responsible for carrying out the duties of the section division as directed by the Administrator, acting through the head appointed pursuant to subsection (c). ``(2) Updating such guidelines as necessary based on intelligence and risk assessments, but not less frequently than every three years, unless such guidelines are superseded by directives or regulations. ``(5) Carrying out a program through which the Administrator identifies and ranks the relative risk of pipelines and inspects pipeline facilities designated by owners and operators of such facilities as critical based on such guidelines or superseding directives or regulations. ``(e) Details.--In furtherance of the section's division's mission, as set forth in subsection (b), the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency may detail personnel between their components to leverage expertise. (b) Updated Guidelines.--Not later than one year after the date of the enactment of this Act, the pipeline security section pipeline security division of the Transportation Security Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by subsection (a), shall publish updated guidelines described in subsection (d) of such section, except to the extent such guidelines have been superseded by directives or regulations. ( c) Clerical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by-- (1) striking the item relating to section 1617 and inserting the following new item: ``Sec. (b) Contents.--The strategy required under subsection (a) shall take into consideration the most recently published versions of each of the following documents: (1) The Transportation Security Administration National Strategy for Transportation Security. ( c) Cybersecurity Expertise.--The strategy shall include an assessment of the cybersecurity expertise determined necessary by the Administrator of the Transportation Security Administration and a plan for developing such expertise within the Administration. ( (a) Report to Congress.--The Administrator of the Transportation Security Administration shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not less than annually on activities of the pipeline security section pipeline security division of the Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by section 3, including information with respect to guidelines, directives, regulations, security assessments, and inspections under such section. Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall convene not less than two industry days to engage with relevant pipeline transportation and pipeline facilities stakeholders on matters related to the security of pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of title 49, United States Code).

To codify the Transportation Security Administration's responsibility relating to securing pipelines against cybersecurity threats, acts of terrorism, and other nefarious acts that jeopardize the physical security or cybersecurity of pipelines, and for other purposes. ``(a) Establishment.--There is within the Administration a pipeline security section pipeline security division to carry out pipeline security programs in furtherance of section 114(f)(16) of title 49, United States Code. 1501)), an act of terrorism (as such term is defined in section 3077 of title 18, United States Code), and other nefarious acts that jeopardize the physical security or cybersecurity of such transportation or facilities. ``(d) Responsibilities.--The section division shall be responsible for carrying out the duties of the section division as directed by the Administrator, acting through the head appointed pursuant to subsection (c). ``(5) Carrying out a program through which the Administrator identifies and ranks the relative risk of pipelines and inspects pipeline facilities designated by owners and operators of such facilities as critical based on such guidelines or superseding directives or regulations. ``(e) Details.--In furtherance of the section's division's mission, as set forth in subsection (b), the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency may detail personnel between their components to leverage expertise. Maintenance validation and oversight. ''; ( (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, shall develop a personnel strategy for enhancing operations within the pipeline security section pipeline security division of the Transportation Security Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by section 3. ( 5) The Department of Homeland Security Quadrennial Homeland Security Review. ( d) (e) Submission to Congress.--Upon development of the strategy, the Administrator of the Transportation Security Administration shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a copy of such strategy. (b) GAO Review.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the implementation of this Act and the amendments made by this Act. Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall convene not less than two industry days to engage with relevant pipeline transportation and pipeline facilities stakeholders on matters related to the security of pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of title 49, United States Code).

To codify the Transportation Security Administration's responsibility relating to securing pipelines against cybersecurity threats, acts of terrorism, and other nefarious acts that jeopardize the physical security or cybersecurity of pipelines, and for other purposes. ``(a) Establishment.--There is within the Administration a pipeline security section pipeline security division to carry out pipeline security programs in furtherance of section 114(f)(16) of title 49, United States Code. 1501)), an act of terrorism (as such term is defined in section 3077 of title 18, United States Code), and other nefarious acts that jeopardize the physical security or cybersecurity of such transportation or facilities. ``(d) Responsibilities.--The section division shall be responsible for carrying out the duties of the section division as directed by the Administrator, acting through the head appointed pursuant to subsection (c). ``(5) Carrying out a program through which the Administrator identifies and ranks the relative risk of pipelines and inspects pipeline facilities designated by owners and operators of such facilities as critical based on such guidelines or superseding directives or regulations. ``(e) Details.--In furtherance of the section's division's mission, as set forth in subsection (b), the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency may detail personnel between their components to leverage expertise. Maintenance validation and oversight. ''; ( (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, shall develop a personnel strategy for enhancing operations within the pipeline security section pipeline security division of the Transportation Security Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by section 3. ( 5) The Department of Homeland Security Quadrennial Homeland Security Review. ( d) (e) Submission to Congress.--Upon development of the strategy, the Administrator of the Transportation Security Administration shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a copy of such strategy. (b) GAO Review.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the implementation of this Act and the amendments made by this Act. Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall convene not less than two industry days to engage with relevant pipeline transportation and pipeline facilities stakeholders on matters related to the security of pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of title 49, United States Code).

To codify the Transportation Security Administration's responsibility relating to securing pipelines against cybersecurity threats, acts of terrorism, and other nefarious acts that jeopardize the physical security or cybersecurity of pipelines, and for other purposes. This Act may be cited as the ``Pipeline Security Act''. is amended by adding at the end the following: ``Subtitle D--Pipeline Security ``SEC. ``(a) Establishment.--There is within the Administration a pipeline security section pipeline security division to carry out pipeline security programs in furtherance of section 114(f)(16) of title 49, United States Code. ``(d) Responsibilities.--The section division shall be responsible for carrying out the duties of the section division as directed by the Administrator, acting through the head appointed pursuant to subsection (c). ``(2) Updating such guidelines as necessary based on intelligence and risk assessments, but not less frequently than every three years, unless such guidelines are superseded by directives or regulations. ``(5) Carrying out a program through which the Administrator identifies and ranks the relative risk of pipelines and inspects pipeline facilities designated by owners and operators of such facilities as critical based on such guidelines or superseding directives or regulations. ``(e) Details.--In furtherance of the section's division's mission, as set forth in subsection (b), the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency may detail personnel between their components to leverage expertise. (b) Updated Guidelines.--Not later than one year after the date of the enactment of this Act, the pipeline security section pipeline security division of the Transportation Security Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by subsection (a), shall publish updated guidelines described in subsection (d) of such section, except to the extent such guidelines have been superseded by directives or regulations. ( c) Clerical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by-- (1) striking the item relating to section 1617 and inserting the following new item: ``Sec. (b) Contents.--The strategy required under subsection (a) shall take into consideration the most recently published versions of each of the following documents: (1) The Transportation Security Administration National Strategy for Transportation Security. ( c) Cybersecurity Expertise.--The strategy shall include an assessment of the cybersecurity expertise determined necessary by the Administrator of the Transportation Security Administration and a plan for developing such expertise within the Administration. ( (a) Report to Congress.--The Administrator of the Transportation Security Administration shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not less than annually on activities of the pipeline security section pipeline security division of the Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by section 3, including information with respect to guidelines, directives, regulations, security assessments, and inspections under such section. Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall convene not less than two industry days to engage with relevant pipeline transportation and pipeline facilities stakeholders on matters related to the security of pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of title 49, United States Code).

To codify the Transportation Security Administration's responsibility relating to securing pipelines against cybersecurity threats, acts of terrorism, and other nefarious acts that jeopardize the physical security or cybersecurity of pipelines, and for other purposes. ``(a) Establishment.--There is within the Administration a pipeline security section pipeline security division to carry out pipeline security programs in furtherance of section 114(f)(16) of title 49, United States Code. 1501)), an act of terrorism (as such term is defined in section 3077 of title 18, United States Code), and other nefarious acts that jeopardize the physical security or cybersecurity of such transportation or facilities. ``(d) Responsibilities.--The section division shall be responsible for carrying out the duties of the section division as directed by the Administrator, acting through the head appointed pursuant to subsection (c). ``(5) Carrying out a program through which the Administrator identifies and ranks the relative risk of pipelines and inspects pipeline facilities designated by owners and operators of such facilities as critical based on such guidelines or superseding directives or regulations. ``(e) Details.--In furtherance of the section's division's mission, as set forth in subsection (b), the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency may detail personnel between their components to leverage expertise. Maintenance validation and oversight. ''; ( (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, shall develop a personnel strategy for enhancing operations within the pipeline security section pipeline security division of the Transportation Security Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by section 3. ( 5) The Department of Homeland Security Quadrennial Homeland Security Review. ( d) (e) Submission to Congress.--Upon development of the strategy, the Administrator of the Transportation Security Administration shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a copy of such strategy. (b) GAO Review.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the implementation of this Act and the amendments made by this Act. Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall convene not less than two industry days to engage with relevant pipeline transportation and pipeline facilities stakeholders on matters related to the security of pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of title 49, United States Code).

To codify the Transportation Security Administration's responsibility relating to securing pipelines against cybersecurity threats, acts of terrorism, and other nefarious acts that jeopardize the physical security or cybersecurity of pipelines, and for other purposes. This Act may be cited as the ``Pipeline Security Act''. is amended by adding at the end the following: ``Subtitle D--Pipeline Security ``SEC. ``(a) Establishment.--There is within the Administration a pipeline security section pipeline security division to carry out pipeline security programs in furtherance of section 114(f)(16) of title 49, United States Code. ``(d) Responsibilities.--The section division shall be responsible for carrying out the duties of the section division as directed by the Administrator, acting through the head appointed pursuant to subsection (c). ``(2) Updating such guidelines as necessary based on intelligence and risk assessments, but not less frequently than every three years, unless such guidelines are superseded by directives or regulations. ``(5) Carrying out a program through which the Administrator identifies and ranks the relative risk of pipelines and inspects pipeline facilities designated by owners and operators of such facilities as critical based on such guidelines or superseding directives or regulations. ``(e) Details.--In furtherance of the section's division's mission, as set forth in subsection (b), the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency may detail personnel between their components to leverage expertise. (b) Updated Guidelines.--Not later than one year after the date of the enactment of this Act, the pipeline security section pipeline security division of the Transportation Security Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by subsection (a), shall publish updated guidelines described in subsection (d) of such section, except to the extent such guidelines have been superseded by directives or regulations. ( c) Clerical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by-- (1) striking the item relating to section 1617 and inserting the following new item: ``Sec. (b) Contents.--The strategy required under subsection (a) shall take into consideration the most recently published versions of each of the following documents: (1) The Transportation Security Administration National Strategy for Transportation Security. ( c) Cybersecurity Expertise.--The strategy shall include an assessment of the cybersecurity expertise determined necessary by the Administrator of the Transportation Security Administration and a plan for developing such expertise within the Administration. ( (a) Report to Congress.--The Administrator of the Transportation Security Administration shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not less than annually on activities of the pipeline security section pipeline security division of the Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by section 3, including information with respect to guidelines, directives, regulations, security assessments, and inspections under such section. Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall convene not less than two industry days to engage with relevant pipeline transportation and pipeline facilities stakeholders on matters related to the security of pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of title 49, United States Code).

To codify the Transportation Security Administration's responsibility relating to securing pipelines against cybersecurity threats, acts of terrorism, and other nefarious acts that jeopardize the physical security or cybersecurity of pipelines, and for other purposes. ``(a) Establishment.--There is within the Administration a pipeline security section pipeline security division to carry out pipeline security programs in furtherance of section 114(f)(16) of title 49, United States Code. 1501)), an act of terrorism (as such term is defined in section 3077 of title 18, United States Code), and other nefarious acts that jeopardize the physical security or cybersecurity of such transportation or facilities. ``(d) Responsibilities.--The section division shall be responsible for carrying out the duties of the section division as directed by the Administrator, acting through the head appointed pursuant to subsection (c). ``(5) Carrying out a program through which the Administrator identifies and ranks the relative risk of pipelines and inspects pipeline facilities designated by owners and operators of such facilities as critical based on such guidelines or superseding directives or regulations. ``(e) Details.--In furtherance of the section's division's mission, as set forth in subsection (b), the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency may detail personnel between their components to leverage expertise. Maintenance validation and oversight. ''; ( (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, shall develop a personnel strategy for enhancing operations within the pipeline security section pipeline security division of the Transportation Security Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by section 3. ( 5) The Department of Homeland Security Quadrennial Homeland Security Review. ( d) (e) Submission to Congress.--Upon development of the strategy, the Administrator of the Transportation Security Administration shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a copy of such strategy. (b) GAO Review.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the implementation of this Act and the amendments made by this Act. Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall convene not less than two industry days to engage with relevant pipeline transportation and pipeline facilities stakeholders on matters related to the security of pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of title 49, United States Code).

To codify the Transportation Security Administration's responsibility relating to securing pipelines against cybersecurity threats, acts of terrorism, and other nefarious acts that jeopardize the physical security or cybersecurity of pipelines, and for other purposes. ``(e) Details.--In furtherance of the section's division's mission, as set forth in subsection (b), the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency may detail personnel between their components to leverage expertise. (b) Updated Guidelines.--Not later than one year after the date of the enactment of this Act, the pipeline security section pipeline security division of the Transportation Security Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by subsection (a), shall publish updated guidelines described in subsection (d) of such section, except to the extent such guidelines have been superseded by directives or regulations. ( b) Contents.--The strategy required under subsection (a) shall take into consideration the most recently published versions of each of the following documents: (1) The Transportation Security Administration National Strategy for Transportation Security. ( ( (a) Report to Congress.--The Administrator of the Transportation Security Administration shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not less than annually on activities of the pipeline security section pipeline security division of the Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by section 3, including information with respect to guidelines, directives, regulations, security assessments, and inspections under such section. Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall convene not less than two industry days to engage with relevant pipeline transportation and pipeline facilities stakeholders on matters related to the security of pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of title 49, United States Code).

To codify the Transportation Security Administration's responsibility relating to securing pipelines against cybersecurity threats, acts of terrorism, and other nefarious acts that jeopardize the physical security or cybersecurity of pipelines, and for other purposes. ``(a) Establishment.--There is within the Administration a pipeline security section pipeline security division to carry out pipeline security programs in furtherance of section 114(f)(16) of title 49, United States Code. (b) GAO Review.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the implementation of this Act and the amendments made by this Act. Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall convene not less than two industry days to engage with relevant pipeline transportation and pipeline facilities stakeholders on matters related to the security of pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of title 49, United States Code).

To codify the Transportation Security Administration's responsibility relating to securing pipelines against cybersecurity threats, acts of terrorism, and other nefarious acts that jeopardize the physical security or cybersecurity of pipelines, and for other purposes. ``(e) Details.--In furtherance of the section's division's mission, as set forth in subsection (b), the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency may detail personnel between their components to leverage expertise. (b) Updated Guidelines.--Not later than one year after the date of the enactment of this Act, the pipeline security section pipeline security division of the Transportation Security Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by subsection (a), shall publish updated guidelines described in subsection (d) of such section, except to the extent such guidelines have been superseded by directives or regulations. ( b) Contents.--The strategy required under subsection (a) shall take into consideration the most recently published versions of each of the following documents: (1) The Transportation Security Administration National Strategy for Transportation Security. ( ( (a) Report to Congress.--The Administrator of the Transportation Security Administration shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not less than annually on activities of the pipeline security section pipeline security division of the Administration established pursuant to section 1631 of the Homeland Security Act of 2002, as added by section 3, including information with respect to guidelines, directives, regulations, security assessments, and inspections under such section. Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall convene not less than two industry days to engage with relevant pipeline transportation and pipeline facilities stakeholders on matters related to the security of pipeline transportation and pipeline facilities (as such terms are defined in section 60101 of title 49, United States Code).

Pipeline Security Act This bill amends the Homeland Security Act of 2002 to establish within the Transportation Security Administration (TSA) a pipeline security section pipeline security division to oversee, in coordination with the Department of Homeland Security (DHS), the security of pipeline transportation and pipeline facilities against cybersecurity threats, an act of terrorism, and other nefarious acts that jeopardize the physical security or cybersecurity Directs the Administrator of the Transportation Security Administration (TSA) to develop a personnel strategy for enhancing operations within the pipeline security section pipeline security division of the TSA. Requires the strategy to take into consideration the most recently published versions of: (1) the TSA Security Administration National Strategy for Transportation Security; (2) the Department of Homeland Security Cybersecurity Strategy; (3) the

H.R.4793

International Affairs

Protecting Personal Data from Foreign Adversaries Act This bill authorizes sanctions and other prohibitions relating to software that engage in user data theft on behalf of certain foreign countries or entities. The President may regulate or prohibit transactions using software that engages in the theft or unauthorized transmission of user data and provides access to such data to (1) a communist country, (2) the Chinese Communist Party (CCP), (3) a foreign adversary, or (4) a state sponsor of terrorism. The President may also impose visa- and property-blocking sanctions on developers and owners of software that makes unauthorized transmissions of user data to servers located in China that are accessible by China's government or the CCP. The Department of State shall report to Congress a determination regarding whether WeChat or TikTok fall within certain regulations and prohibitions, including those provided under this bill. (WeChat and TikTok are software programs developed by China-based companies.)

To regulate or prohibit transactions using mobile applications or software programs that engage in the theft of user data on behalf of a communist country, foreign adversary, or state sponsor of 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 ``Protecting Personal Data from Foreign Adversaries Act''. SEC. 2. AUTHORITIES TO REGULATE OR PROHIBIT TRANSACTIONS USING MOBILE APPLICATIONS OR SOFTWARE PROGRAMS THAT ENGAGE IN THE THEFT OF USER DATA ON BEHALF OF A COMMUNIST COUNTRY, FOREIGN ADVERSARY, OR STATE SPONSOR OF TERRORISM. Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: ``(c)(1) Notwithstanding subsection (b), the authority granted to the President by this section includes the authority to regulate or prohibit transactions using mobile applications or software programs that-- ``(A) engage in the theft of or transmits a user's data in an unauthorized manner; and ``(B) provide to a covered country, or covered foreign political party, access to such data. ``(2) In this subsection, the term `covered country' means any of the following: ``(A) A Communist country. ``(B) A foreign adversary. ``(C) A state sponsor of terrorism. ``(3) In this subsection: ``(A) The term `communist country' has the meaning given such term in section 620(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)(1)). ``(B) The term `foreign adversary' has the meaning given such term in Executive Order 13920, issued on May 1, 2020, entitled `Securing the United States BulkPower System', and including the list of foreign adversaries identified by the Department of Energy's Office of Electricity pursuant to such Executive Order on July 7, 2020, as in effect on January 19, 2021. ``(C) The term `state sponsor of terrorism' means a country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to-- ``(i) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)); ``(ii) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); ``(iii) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or ``(iv) any other provision of law. ``(4) In this subsection, the term `covered foreign political party' means the Chinese Communist Party (CCP).''. SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO MOBILE APPLICATIONS OR SOFTWARE PROGRAMS THAT ENGAGE IN THE THEFT OF USER DATA. (a) Imposition of Sanctions.--Notwithstanding any other provision of law, the President is authorized to impose the sanctions described in subsection (b) with respect to any foreign person that the President determines has developed, maintains, provides, owns, or controls a mobile application or software program that-- (1) engages in the theft of or transmits a user's data in an unauthorized manner to servers located in China; and (2) provides to the Government of the People's Republic of China (PRC), the Chinese Communist Party (CCP), or any person owned by or controlled by the PRC or CCP access to such data. (b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--In the case of a foreign person who is an individual, the foreign person is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (ii) Current visas revoked.-- (I) In general.--In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued. (II) Effect of revocation.--A revocation under subclause (I) shall-- (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the person's possession. (2) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations to implement this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act. (3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Waiver.--The President may, on a case-by-case basis and for periods not to exceed 180 days, waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that the waiver is vital to the national security interests of the United States. (d) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. The exceptions to the President's authority described in section 203(b) of the International Emergency Economic Powers Act, as amended by section 1, shall not apply to the President's authority to exercise authorities under this section. (e) Sunset.-- (1) In general.--This section shall terminate on January 1, 2025. (2) Inapplicability.--Paragraph (1) shall not apply with respect to sanctions imposed with respect to a foreign person under this section before January 1, 2025. (f) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101(3) of the Immigration and Nationality Act (8 U.S.C. 1101(3)). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (3) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (4) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity. SEC. 4. DETERMINATION WITH RESPECT TO THE IMPOSITION OF SANCTIONS ON WECHAT AND TIKTOK. (a) Determination.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a determination, including a detailed justification therefor, regarding whether WeChat, or any component thereof, or any entity owned or controlled by WeChat, or TikTok, or any component thereof, or any entity owned or controlled by TikTok, satisfies the criteria for the application of sanctions pursuant to-- (1) section 2 of this Act; or (2) Executive Order 13694 (50 U.S.C. 1701 note; relating to blocking property of certain persons engaged in significant malicious cyber-enabled activities). (b) Form.--The determination required by subsection (a) shall be submitted in unclassified form but may contain a classified annex. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. <all>

Protecting Personal Data from Foreign Adversaries Act

To regulate or prohibit transactions using mobile applications or software programs that engage in the theft of user data on behalf of a communist country, foreign adversary, or state sponsor of terrorism, and for other purposes.

Protecting Personal Data from Foreign Adversaries Act

Rep. Bergman, Jack

R

MI

This bill authorizes sanctions and other prohibitions relating to software that engage in user data theft on behalf of certain foreign countries or entities. The President may regulate or prohibit transactions using software that engages in the theft or unauthorized transmission of user data and provides access to such data to (1) a communist country, (2) the Chinese Communist Party (CCP), (3) a foreign adversary, or (4) a state sponsor of terrorism. The President may also impose visa- and property-blocking sanctions on developers and owners of software that makes unauthorized transmissions of user data to servers located in China that are accessible by China's government or the CCP. The Department of State shall report to Congress a determination regarding whether WeChat or TikTok fall within certain regulations and prohibitions, including those provided under this bill. (WeChat and TikTok are software programs developed by China-based companies.)

SHORT TITLE. 2. Section 203 of the International Emergency Economic Powers Act (50 U.S.C. ``(2) In this subsection, the term `covered country' means any of the following: ``(A) A Communist country. ``(B) A foreign adversary. ``(C) A state sponsor of terrorism. ``(B) The term `foreign adversary' has the meaning given such term in Executive Order 13920, issued on May 1, 2020, entitled `Securing the United States BulkPower System', and including the list of foreign adversaries identified by the Department of Energy's Office of Electricity pursuant to such Executive Order on July 7, 2020, as in effect on January 19, 2021. 2780); or ``(iv) any other provision of law. ``(4) In this subsection, the term `covered foreign political party' means the Chinese Communist Party (CCP).''. IMPOSITION OF SANCTIONS WITH RESPECT TO MOBILE APPLICATIONS OR SOFTWARE PROGRAMS THAT ENGAGE IN THE THEFT OF USER DATA. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (ii) Current visas revoked.-- (I) In general.--In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued. 1702 and 1704) for purposes of carrying out this section. The exceptions to the President's authority described in section 203(b) of the International Emergency Economic Powers Act, as amended by section 1, shall not apply to the President's authority to exercise authorities under this section. (f) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101(3) of the Immigration and Nationality Act (8 U.S.C. 1101(3)). (3) Foreign person.--The term ``foreign person'' means a person that is not a United States person. SEC. 4. DETERMINATION WITH RESPECT TO THE IMPOSITION OF SANCTIONS ON WECHAT AND TIKTOK. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

2. Section 203 of the International Emergency Economic Powers Act (50 U.S.C. ``(2) In this subsection, the term `covered country' means any of the following: ``(A) A Communist country. ``(B) A foreign adversary. ``(C) A state sponsor of terrorism. 2780); or ``(iv) any other provision of law. ``(4) In this subsection, the term `covered foreign political party' means the Chinese Communist Party (CCP).''. IMPOSITION OF SANCTIONS WITH RESPECT TO MOBILE APPLICATIONS OR SOFTWARE PROGRAMS THAT ENGAGE IN THE THEFT OF USER DATA. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (ii) Current visas revoked.-- (I) In general.--In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued. The exceptions to the President's authority described in section 203(b) of the International Emergency Economic Powers Act, as amended by section 1, shall not apply to the President's authority to exercise authorities under this section. (f) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101(3) of the Immigration and Nationality Act (8 U.S.C. (3) Foreign person.--The term ``foreign person'' means a person that is not a United States person. SEC. 4. DETERMINATION WITH RESPECT TO THE IMPOSITION OF SANCTIONS ON WECHAT AND TIKTOK. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

SHORT TITLE. 2. Section 203 of the International Emergency Economic Powers Act (50 U.S.C. ``(2) In this subsection, the term `covered country' means any of the following: ``(A) A Communist country. ``(B) A foreign adversary. ``(C) A state sponsor of terrorism. ``(B) The term `foreign adversary' has the meaning given such term in Executive Order 13920, issued on May 1, 2020, entitled `Securing the United States BulkPower System', and including the list of foreign adversaries identified by the Department of Energy's Office of Electricity pursuant to such Executive Order on July 7, 2020, as in effect on January 19, 2021. 2371); ``(iii) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or ``(iv) any other provision of law. ``(4) In this subsection, the term `covered foreign political party' means the Chinese Communist Party (CCP).''. IMPOSITION OF SANCTIONS WITH RESPECT TO MOBILE APPLICATIONS OR SOFTWARE PROGRAMS THAT ENGAGE IN THE THEFT OF USER DATA. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (ii) Current visas revoked.-- (I) In general.--In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued. (II) Effect of revocation.--A revocation under subclause (I) shall-- (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the person's possession. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations to implement this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act. (3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. 1702 and 1704) for purposes of carrying out this section. The exceptions to the President's authority described in section 203(b) of the International Emergency Economic Powers Act, as amended by section 1, shall not apply to the President's authority to exercise authorities under this section. (f) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101(3) of the Immigration and Nationality Act (8 U.S.C. 1101(3)). (3) Foreign person.--The term ``foreign person'' means a person that is not a United States person. SEC. 4. DETERMINATION WITH RESPECT TO THE IMPOSITION OF SANCTIONS ON WECHAT AND TIKTOK. (a) Determination.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a determination, including a detailed justification therefor, regarding whether WeChat, or any component thereof, or any entity owned or controlled by WeChat, or TikTok, or any component thereof, or any entity owned or controlled by TikTok, satisfies the criteria for the application of sanctions pursuant to-- (1) section 2 of this Act; or (2) Executive Order 13694 (50 U.S.C. 1701 note; relating to blocking property of certain persons engaged in significant malicious cyber-enabled activities). (b) Form.--The determination required by subsection (a) shall be submitted in unclassified form but may contain a classified annex. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

SHORT TITLE. 2. Section 203 of the International Emergency Economic Powers Act (50 U.S.C. ``(2) In this subsection, the term `covered country' means any of the following: ``(A) A Communist country. ``(B) A foreign adversary. ``(C) A state sponsor of terrorism. ``(B) The term `foreign adversary' has the meaning given such term in Executive Order 13920, issued on May 1, 2020, entitled `Securing the United States BulkPower System', and including the list of foreign adversaries identified by the Department of Energy's Office of Electricity pursuant to such Executive Order on July 7, 2020, as in effect on January 19, 2021. 4813(c)(1)(A)); ``(ii) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); ``(iii) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or ``(iv) any other provision of law. ``(4) In this subsection, the term `covered foreign political party' means the Chinese Communist Party (CCP).''. IMPOSITION OF SANCTIONS WITH RESPECT TO MOBILE APPLICATIONS OR SOFTWARE PROGRAMS THAT ENGAGE IN THE THEFT OF USER DATA. (a) Imposition of Sanctions.--Notwithstanding any other provision of law, the President is authorized to impose the sanctions described in subsection (b) with respect to any foreign person that the President determines has developed, maintains, provides, owns, or controls a mobile application or software program that-- (1) engages in the theft of or transmits a user's data in an unauthorized manner to servers located in China; and (2) provides to the Government of the People's Republic of China (PRC), the Chinese Communist Party (CCP), or any person owned by or controlled by the PRC or CCP access to such data. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (ii) Current visas revoked.-- (I) In general.--In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued. (II) Effect of revocation.--A revocation under subclause (I) shall-- (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the person's possession. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations to implement this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act. (3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Waiver.--The President may, on a case-by-case basis and for periods not to exceed 180 days, waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that the waiver is vital to the national security interests of the United States. 1702 and 1704) for purposes of carrying out this section. The exceptions to the President's authority described in section 203(b) of the International Emergency Economic Powers Act, as amended by section 1, shall not apply to the President's authority to exercise authorities under this section. (e) Sunset.-- (1) In general.--This section shall terminate on January 1, 2025. (f) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101(3) of the Immigration and Nationality Act (8 U.S.C. 1101(3)). (3) Foreign person.--The term ``foreign person'' means a person that is not a United States person. SEC. 4. DETERMINATION WITH RESPECT TO THE IMPOSITION OF SANCTIONS ON WECHAT AND TIKTOK. (a) Determination.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a determination, including a detailed justification therefor, regarding whether WeChat, or any component thereof, or any entity owned or controlled by WeChat, or TikTok, or any component thereof, or any entity owned or controlled by TikTok, satisfies the criteria for the application of sanctions pursuant to-- (1) section 2 of this Act; or (2) Executive Order 13694 (50 U.S.C. 1701 note; relating to blocking property of certain persons engaged in significant malicious cyber-enabled activities). (b) Form.--The determination required by subsection (a) shall be submitted in unclassified form but may contain a classified annex. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

To regulate or prohibit transactions using mobile applications or software programs that engage in the theft of user data on behalf of a communist country, foreign adversary, or state sponsor of terrorism, and for other purposes. ``(2) In this subsection, the term `covered country' means any of the following: ``(A) A Communist country. ``(3) In this subsection: ``(A) The term `communist country' has the meaning given such term in section 620(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)(1)). ``(B) The term `foreign adversary' has the meaning given such term in Executive Order 13920, issued on May 1, 2020, entitled `Securing the United States BulkPower System', and including the list of foreign adversaries identified by the Department of Energy's Office of Electricity pursuant to such Executive Order on July 7, 2020, as in effect on January 19, 2021. b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--In the case of a foreign person who is an individual, the foreign person is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( II) Effect of revocation.--A revocation under subclause (I) shall-- (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the person's possession. ( (3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( d) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. (2) Inapplicability.--Paragraph (1) shall not apply with respect to sanctions imposed with respect to a foreign person under this section before January 1, 2025. ( 2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ( b) Form.--The determination required by subsection (a) shall be submitted in unclassified form but may contain a classified annex. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

To regulate or prohibit transactions using mobile applications or software programs that engage in the theft of user data on behalf of a communist country, foreign adversary, or state sponsor of terrorism, and for other purposes. ``(2) In this subsection, the term `covered country' means any of the following: ``(A) A Communist country. 4813(c)(1)(A)); ``(ii) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); ``(iii) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or ``(iv) any other provision of law. b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (ii) Current visas revoked.-- (I) In general.--In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued. ( 2) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations to implement this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act. ( (e) Sunset.-- (1) In general.--This section shall terminate on January 1, 2025. ( f) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101(3) of the Immigration and Nationality Act (8 U.S.C. 1101(3)). ( (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

To regulate or prohibit transactions using mobile applications or software programs that engage in the theft of user data on behalf of a communist country, foreign adversary, or state sponsor of terrorism, and for other purposes. ``(2) In this subsection, the term `covered country' means any of the following: ``(A) A Communist country. 4813(c)(1)(A)); ``(ii) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); ``(iii) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or ``(iv) any other provision of law. b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (ii) Current visas revoked.-- (I) In general.--In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued. ( 2) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations to implement this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act. ( (e) Sunset.-- (1) In general.--This section shall terminate on January 1, 2025. ( f) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101(3) of the Immigration and Nationality Act (8 U.S.C. 1101(3)). ( (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

To regulate or prohibit transactions using mobile applications or software programs that engage in the theft of user data on behalf of a communist country, foreign adversary, or state sponsor of terrorism, and for other purposes. ``(2) In this subsection, the term `covered country' means any of the following: ``(A) A Communist country. ``(3) In this subsection: ``(A) The term `communist country' has the meaning given such term in section 620(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)(1)). ``(B) The term `foreign adversary' has the meaning given such term in Executive Order 13920, issued on May 1, 2020, entitled `Securing the United States BulkPower System', and including the list of foreign adversaries identified by the Department of Energy's Office of Electricity pursuant to such Executive Order on July 7, 2020, as in effect on January 19, 2021. b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--In the case of a foreign person who is an individual, the foreign person is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( II) Effect of revocation.--A revocation under subclause (I) shall-- (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the person's possession. ( (3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( d) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. (2) Inapplicability.--Paragraph (1) shall not apply with respect to sanctions imposed with respect to a foreign person under this section before January 1, 2025. ( 2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ( b) Form.--The determination required by subsection (a) shall be submitted in unclassified form but may contain a classified annex. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

To regulate or prohibit transactions using mobile applications or software programs that engage in the theft of user data on behalf of a communist country, foreign adversary, or state sponsor of terrorism, and for other purposes. ``(2) In this subsection, the term `covered country' means any of the following: ``(A) A Communist country. 4813(c)(1)(A)); ``(ii) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); ``(iii) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or ``(iv) any other provision of law. b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (ii) Current visas revoked.-- (I) In general.--In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued. ( 2) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations to implement this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act. ( (e) Sunset.-- (1) In general.--This section shall terminate on January 1, 2025. ( f) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101(3) of the Immigration and Nationality Act (8 U.S.C. 1101(3)). ( (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

To regulate or prohibit transactions using mobile applications or software programs that engage in the theft of user data on behalf of a communist country, foreign adversary, or state sponsor of terrorism, and for other purposes. ``(2) In this subsection, the term `covered country' means any of the following: ``(A) A Communist country. ``(3) In this subsection: ``(A) The term `communist country' has the meaning given such term in section 620(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)(1)). ``(B) The term `foreign adversary' has the meaning given such term in Executive Order 13920, issued on May 1, 2020, entitled `Securing the United States BulkPower System', and including the list of foreign adversaries identified by the Department of Energy's Office of Electricity pursuant to such Executive Order on July 7, 2020, as in effect on January 19, 2021. b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--In the case of a foreign person who is an individual, the foreign person is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( II) Effect of revocation.--A revocation under subclause (I) shall-- (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the person's possession. ( (3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( d) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. (2) Inapplicability.--Paragraph (1) shall not apply with respect to sanctions imposed with respect to a foreign person under this section before January 1, 2025. ( 2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ( b) Form.--The determination required by subsection (a) shall be submitted in unclassified form but may contain a classified annex. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

To regulate or prohibit transactions using mobile applications or software programs that engage in the theft of user data on behalf of a communist country, foreign adversary, or state sponsor of terrorism, and for other purposes. ``(2) In this subsection, the term `covered country' means any of the following: ``(A) A Communist country. 4813(c)(1)(A)); ``(ii) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); ``(iii) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or ``(iv) any other provision of law. b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (ii) Current visas revoked.-- (I) In general.--In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued. ( 2) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations to implement this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act. ( (e) Sunset.-- (1) In general.--This section shall terminate on January 1, 2025. ( f) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101(3) of the Immigration and Nationality Act (8 U.S.C. 1101(3)). ( (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

To regulate or prohibit transactions using mobile applications or software programs that engage in the theft of user data on behalf of a communist country, foreign adversary, or state sponsor of terrorism, and for other purposes. ``(3) In this subsection: ``(A) The term `communist country' has the meaning given such term in section 620(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)(1)). to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ( 3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( d) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

To regulate or prohibit transactions using mobile applications or software programs that engage in the theft of user data on behalf of a communist country, foreign adversary, or state sponsor of terrorism, and for other purposes. b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) ( ( (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

To regulate or prohibit transactions using mobile applications or software programs that engage in the theft of user data on behalf of a communist country, foreign adversary, or state sponsor of terrorism, and for other purposes. ``(3) In this subsection: ``(A) The term `communist country' has the meaning given such term in section 620(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)(1)). to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ( 3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( d) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. ( c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

Protecting Personal Data from Foreign Adversaries Act This bill amends the International Emergency Economic Powers Act to authorize the President to impose sanctions on any foreign person that the President determines has developed, maintains, provides, owns, or controls a mobile application or software program that: (1) engages in the theft of or transmits a user's data in an unauthorized manner to servers located in Directs the Secretary of State to submit to the appropriate congressional committees a determination regarding whether WeChat, or any component thereof, or an entity owned or controlled by WeChat or TikTok, satisfies the criteria for the application of sanctions under the International Emergency Economic Powers Act (IEPA) or Executive Order 13694 relating to blocking property of certain persons engaged in significant malicious cyber-

H.R.1441

Crime and Law Enforcement

No Guns for Abusers Act of 2021 This bill authorizes the Department of Justice (DOJ) to make grants for states, local governments, and tribal governments to implement procedures to remove firearms from individuals who are charged with or convicted of domestic violence or subject to a domestic violence protective order. The National Institute of Justice must report on best practices for implementing such procedures, and DOJ must submit federal legislative recommendations in accordance with the best practices.

To authorize the Attorney General to make grants to States and units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Guns for Abusers Act of 2021''. SEC. 2. GRANTS FOR STATE IMPLEMENTATION OF RELINQUISHMENT STATUTES. (a) Authorization.--The Attorney General is authorized to make grants to States, Tribes, or units of local government that have in place a statute, rule, policy, or practice that is the same as or substantially similar to the best practices published by the Attorney General under this Act, for the purpose of implementing such statute, administrative rule, policy, or practice. (b) Application.--A jurisdiction seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require, and including the applicable statute, rule, policy, or practice that the jurisdiction has enacted. SEC. 3. REPORT AND RECOMMENDATIONS. (a) In General.--Not later than 3 years after the date of the enactment of this Act, Attorney General, acting through the Director of the National Institute of Justice, shall prepare and submit a report to Congress on best practices for statutes, rules, policies, and practices, which provide a process by which individuals who are charged with or convicted of a crime of domestic violence, or who are subject to, or in violation of a domestic violence protective order, may be subject to relinquishment. Such report shall include an analysis of the effect of reducing firearm access for the individuals described in the previous sentence on reducing domestic violence and homicide. (b) Best Practices.--In preparing the report under subsection (a), the Director shall examine and determine the best practices for each of the following: (1) The types of offenses or court orders for which relinquishment may be authorized. (2) The level of discretion of a court in entering a relinquishment order. (3) The process courts use in determining whether relinquishment is appropriate for a particular party. (4) The process courts and law enforcement agencies use to determine whether an individual is in possession or control of firearms. (5) The guidance provided to parties subject to relinquishment orders and the victims of the parties subject to the relinquishment orders, as well as the manner of providing guidance. (6) The persons or entities to which firearms may be relinquished, including whether any entity other than a law enforcement officer or licensed dealer under section 923 of title 18, United States Code, may receive firearms. (7) The person or entity which may store relinquished firearms, including any criteria such a person or entity must meet, which may include a background check. (8) The period of time provided for an individual subject to a relinquishment order to comply with the order. (9) The manner of proof required to show a relinquishment order is fulfilled. (10) The power granted to a court or law enforcement agency to compel compliance with a relinquishment order. (11) The manner in which relinquished firearms may be safely and securely stored. (12) The duration of a relinquishment order. (13) Fees that may be charged by persons or entities storing relinquished firearms to persons subject to relinquishment orders. (14) Considerations for returning, disposing of, or selling relinquished firearms. (15) Criteria for returning a firearm to an individual subject to a relinquishment order. (16) The extent to which victims of offenses committed by the individual subject to the relinquishment order, or individuals who are protected from an individual subject to a domestic violence protective order, should be notified when a firearm is returned to the individual subject to the relinquishment order. (17) Precautions taken to ensure victim safety as a court gathers information necessary to issue a relinquishment order and a law enforcement officer executes the order. (18) Procedural protections that are required to ensure that individuals who may be subject to a relinquishment order are provided due process at each stage of the process. (19) The involvement of victim and community advocates. (20) The cultural sensitivity of the relinquishment process. (21) The services and safety planning provided to the victims before, during, and after firearms are relinquished or recovered and when they are returned. (c) Review and Consultation.--In preparing the report required under this section, the Director shall, at a minimum-- (1) review Federal, State, Tribal, and local statutes, rules, policies, and practices that provide authority for courts to enter relinquishment orders in effect on the date of the enactment of this Act; (2) review academic studies, including studies analyzing the effectiveness of statutes, rules, policies, and practices described in paragraph (1); and (3) meet with, and consider any facts and analyses offered by, prosecutors, defense attorneys, family attorneys, judges, nonprofit organizations, victims service providers, culturally specific organizations, Federal, State, Tribal, and local courts, Federal, State, Tribal, and local law enforcement agencies, the National Domestic Violence and Firearms Resource Center, and individuals with academic expertise in relinquishment. (d) Identification of Items for Further Study.--In the report under this section, the Director shall identify items for further study, relating to the effectiveness of the best practices developed under subsection (b). SEC. 4. FURTHER STUDIES. The Attorney General, acting through the Director of the National Institute of Justice, shall enter into contracts with nongovernmental entities to conduct studies comparing statutes, administrative rules, policies and practices to determine the relative effectiveness of such statutes, rules, policies, and procedures in effectively providing for relinquishment. Not later than the date that is 10 years after the submission of the report under section 3, the Director shall submit to Congress not less than one report including updates to the best practices based on the studies conducted under this section. SEC. 5. FEDERAL ADOPTION. (a) Statute.--The Attorney General shall prepare and submit to Congress recommendations for Federal legislation in accordance with section 3. (b) Rules; Policies and Practices.--To the extent authorized by law, the Attorney General shall make rules, policies, and practices in accordance with the best practices described in section 3. SEC. 6. DEFINITIONS. In this Act, terms used have the meanings given such terms in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968, except as follows: (1) The term ``intimate partner'' has the meaning given that term in section 921 of title 18, United States Code. (2) The term ``dating partner'' has the meaning given that term in section 2266 of title 18, United States Code. (3) The term ``covered offense'' means-- (A) stalking; or (B) an offense that has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon. (4) The term ``covered person'' means, with regard to a targeted person or a protected person-- (A) the current or former-- (i) spouse; (ii) intimate partner; (iii) dating partner; (iv) parent; or (v) guardian, of the targeted person or protected person; (B) a person with whom the targeted person or protected person shares a child in common; (C) a person who is cohabiting with or has cohabited with the targeted person or protected person as a spouse, intimate partner, dating partner, parent, or guardian; (D) a person similarly situated to a spouse, intimate partner, dating partner, parent, or guardian of the targeted person or protected person; or (E) a person who has or had a relationship with the targeted person or protected person such that the targeted person or protected person is otherwise protected by the domestic or family violence laws of the State, tribal, or municipal jurisdiction in which the targeted person or protected person resides, or, if an offense has occurred, against that targeted or protected person. (5) The term ``crime of domestic violence'' means a covered offense committed by a covered person against the targeted person. (6) The term ``domestic violence protective order'' means a court order that restrains a covered person described in subparagraphs (A), (B), (C), (D), or (E) of paragraph (4) from harassing, stalking, or threatening a protected person, or engaging in other conduct that would place an intimate partner or dating partner in reasonable fear of bodily injury to the partner or child. (7) The term ``protected person'' means, with regard to a person, the intimate partner or dating partner of that person, or the child of such intimate partner, of such dating partner, or of that person. (8) The term ``relinquishment'' means the removal of a firearm (as such term is defined in section 921 of title 18, United States Code) or ammunition (as such term is defined in section 921 of title 18, United States Code) from a person's possession or control. (9) The term ``relinquishment order'' means any mandate from a court requiring a person to be subject to relinquishment. (10) The term ``targeted person'' means the victim of a covered offense. <all>

No Guns for Abusers Act of 2021

To authorize the Attorney General to make grants to States and units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes.

No Guns for Abusers Act of 2021

Rep. Swalwell, Eric

D

CA

This bill authorizes the Department of Justice (DOJ) to make grants for states, local governments, and tribal governments to implement procedures to remove firearms from individuals who are charged with or convicted of domestic violence or subject to a domestic violence protective order. The National Institute of Justice must report on best practices for implementing such procedures, and DOJ must submit federal legislative recommendations in accordance with the best practices.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Guns for Abusers Act of 2021''. 2. GRANTS FOR STATE IMPLEMENTATION OF RELINQUISHMENT STATUTES. REPORT AND RECOMMENDATIONS. (4) The process courts and law enforcement agencies use to determine whether an individual is in possession or control of firearms. (7) The person or entity which may store relinquished firearms, including any criteria such a person or entity must meet, which may include a background check. (9) The manner of proof required to show a relinquishment order is fulfilled. (12) The duration of a relinquishment order. (14) Considerations for returning, disposing of, or selling relinquished firearms. (16) The extent to which victims of offenses committed by the individual subject to the relinquishment order, or individuals who are protected from an individual subject to a domestic violence protective order, should be notified when a firearm is returned to the individual subject to the relinquishment order. (21) The services and safety planning provided to the victims before, during, and after firearms are relinquished or recovered and when they are returned. (c) Review and Consultation.--In preparing the report required under this section, the Director shall, at a minimum-- (1) review Federal, State, Tribal, and local statutes, rules, policies, and practices that provide authority for courts to enter relinquishment orders in effect on the date of the enactment of this Act; (2) review academic studies, including studies analyzing the effectiveness of statutes, rules, policies, and practices described in paragraph (1); and (3) meet with, and consider any facts and analyses offered by, prosecutors, defense attorneys, family attorneys, judges, nonprofit organizations, victims service providers, culturally specific organizations, Federal, State, Tribal, and local courts, Federal, State, Tribal, and local law enforcement agencies, the National Domestic Violence and Firearms Resource Center, and individuals with academic expertise in relinquishment. (d) Identification of Items for Further Study.--In the report under this section, the Director shall identify items for further study, relating to the effectiveness of the best practices developed under subsection (b). 4. FURTHER STUDIES. 5. FEDERAL ADOPTION. (b) Rules; Policies and Practices.--To the extent authorized by law, the Attorney General shall make rules, policies, and practices in accordance with the best practices described in section 3. SEC. 6. DEFINITIONS. (2) The term ``dating partner'' has the meaning given that term in section 2266 of title 18, United States Code. (7) The term ``protected person'' means, with regard to a person, the intimate partner or dating partner of that person, or the child of such intimate partner, of such dating partner, or of that person. (10) The term ``targeted person'' means the victim of a covered offense.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Guns for Abusers Act of 2021''. 2. GRANTS FOR STATE IMPLEMENTATION OF RELINQUISHMENT STATUTES. REPORT AND RECOMMENDATIONS. (4) The process courts and law enforcement agencies use to determine whether an individual is in possession or control of firearms. (7) The person or entity which may store relinquished firearms, including any criteria such a person or entity must meet, which may include a background check. (9) The manner of proof required to show a relinquishment order is fulfilled. (12) The duration of a relinquishment order. (16) The extent to which victims of offenses committed by the individual subject to the relinquishment order, or individuals who are protected from an individual subject to a domestic violence protective order, should be notified when a firearm is returned to the individual subject to the relinquishment order. (21) The services and safety planning provided to the victims before, during, and after firearms are relinquished or recovered and when they are returned. (d) Identification of Items for Further Study.--In the report under this section, the Director shall identify items for further study, relating to the effectiveness of the best practices developed under subsection (b). 4. FURTHER STUDIES. 5. FEDERAL ADOPTION. (b) Rules; Policies and Practices.--To the extent authorized by law, the Attorney General shall make rules, policies, and practices in accordance with the best practices described in section 3. SEC. 6. (2) The term ``dating partner'' has the meaning given that term in section 2266 of title 18, United States Code. (7) The term ``protected person'' means, with regard to a person, the intimate partner or dating partner of that person, or the child of such intimate partner, of such dating partner, or of that person. (10) The term ``targeted person'' means the victim of a covered offense.

To authorize the Attorney General to make grants to States and units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Guns for Abusers Act of 2021''. 2. GRANTS FOR STATE IMPLEMENTATION OF RELINQUISHMENT STATUTES. (b) Application.--A jurisdiction seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require, and including the applicable statute, rule, policy, or practice that the jurisdiction has enacted. REPORT AND RECOMMENDATIONS. (4) The process courts and law enforcement agencies use to determine whether an individual is in possession or control of firearms. (5) The guidance provided to parties subject to relinquishment orders and the victims of the parties subject to the relinquishment orders, as well as the manner of providing guidance. (7) The person or entity which may store relinquished firearms, including any criteria such a person or entity must meet, which may include a background check. (9) The manner of proof required to show a relinquishment order is fulfilled. (12) The duration of a relinquishment order. (14) Considerations for returning, disposing of, or selling relinquished firearms. (16) The extent to which victims of offenses committed by the individual subject to the relinquishment order, or individuals who are protected from an individual subject to a domestic violence protective order, should be notified when a firearm is returned to the individual subject to the relinquishment order. (17) Precautions taken to ensure victim safety as a court gathers information necessary to issue a relinquishment order and a law enforcement officer executes the order. (19) The involvement of victim and community advocates. (20) The cultural sensitivity of the relinquishment process. (21) The services and safety planning provided to the victims before, during, and after firearms are relinquished or recovered and when they are returned. (c) Review and Consultation.--In preparing the report required under this section, the Director shall, at a minimum-- (1) review Federal, State, Tribal, and local statutes, rules, policies, and practices that provide authority for courts to enter relinquishment orders in effect on the date of the enactment of this Act; (2) review academic studies, including studies analyzing the effectiveness of statutes, rules, policies, and practices described in paragraph (1); and (3) meet with, and consider any facts and analyses offered by, prosecutors, defense attorneys, family attorneys, judges, nonprofit organizations, victims service providers, culturally specific organizations, Federal, State, Tribal, and local courts, Federal, State, Tribal, and local law enforcement agencies, the National Domestic Violence and Firearms Resource Center, and individuals with academic expertise in relinquishment. (d) Identification of Items for Further Study.--In the report under this section, the Director shall identify items for further study, relating to the effectiveness of the best practices developed under subsection (b). 4. FURTHER STUDIES. 5. FEDERAL ADOPTION. (b) Rules; Policies and Practices.--To the extent authorized by law, the Attorney General shall make rules, policies, and practices in accordance with the best practices described in section 3. SEC. 6. DEFINITIONS. (2) The term ``dating partner'' has the meaning given that term in section 2266 of title 18, United States Code. (3) The term ``covered offense'' means-- (A) stalking; or (B) an offense that has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon. (7) The term ``protected person'' means, with regard to a person, the intimate partner or dating partner of that person, or the child of such intimate partner, of such dating partner, or of that person. (8) The term ``relinquishment'' means the removal of a firearm (as such term is defined in section 921 of title 18, United States Code) or ammunition (as such term is defined in section 921 of title 18, United States Code) from a person's possession or control. (10) The term ``targeted person'' means the victim of a covered offense.

To authorize the Attorney General to make grants to States and units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Guns for Abusers Act of 2021''. 2. GRANTS FOR STATE IMPLEMENTATION OF RELINQUISHMENT STATUTES. (b) Application.--A jurisdiction seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require, and including the applicable statute, rule, policy, or practice that the jurisdiction has enacted. REPORT AND RECOMMENDATIONS. Such report shall include an analysis of the effect of reducing firearm access for the individuals described in the previous sentence on reducing domestic violence and homicide. (4) The process courts and law enforcement agencies use to determine whether an individual is in possession or control of firearms. (5) The guidance provided to parties subject to relinquishment orders and the victims of the parties subject to the relinquishment orders, as well as the manner of providing guidance. (7) The person or entity which may store relinquished firearms, including any criteria such a person or entity must meet, which may include a background check. (9) The manner of proof required to show a relinquishment order is fulfilled. (11) The manner in which relinquished firearms may be safely and securely stored. (12) The duration of a relinquishment order. (14) Considerations for returning, disposing of, or selling relinquished firearms. (16) The extent to which victims of offenses committed by the individual subject to the relinquishment order, or individuals who are protected from an individual subject to a domestic violence protective order, should be notified when a firearm is returned to the individual subject to the relinquishment order. (17) Precautions taken to ensure victim safety as a court gathers information necessary to issue a relinquishment order and a law enforcement officer executes the order. (19) The involvement of victim and community advocates. (20) The cultural sensitivity of the relinquishment process. (21) The services and safety planning provided to the victims before, during, and after firearms are relinquished or recovered and when they are returned. (c) Review and Consultation.--In preparing the report required under this section, the Director shall, at a minimum-- (1) review Federal, State, Tribal, and local statutes, rules, policies, and practices that provide authority for courts to enter relinquishment orders in effect on the date of the enactment of this Act; (2) review academic studies, including studies analyzing the effectiveness of statutes, rules, policies, and practices described in paragraph (1); and (3) meet with, and consider any facts and analyses offered by, prosecutors, defense attorneys, family attorneys, judges, nonprofit organizations, victims service providers, culturally specific organizations, Federal, State, Tribal, and local courts, Federal, State, Tribal, and local law enforcement agencies, the National Domestic Violence and Firearms Resource Center, and individuals with academic expertise in relinquishment. (d) Identification of Items for Further Study.--In the report under this section, the Director shall identify items for further study, relating to the effectiveness of the best practices developed under subsection (b). 4. FURTHER STUDIES. The Attorney General, acting through the Director of the National Institute of Justice, shall enter into contracts with nongovernmental entities to conduct studies comparing statutes, administrative rules, policies and practices to determine the relative effectiveness of such statutes, rules, policies, and procedures in effectively providing for relinquishment. 5. FEDERAL ADOPTION. (b) Rules; Policies and Practices.--To the extent authorized by law, the Attorney General shall make rules, policies, and practices in accordance with the best practices described in section 3. SEC. 6. DEFINITIONS. (2) The term ``dating partner'' has the meaning given that term in section 2266 of title 18, United States Code. (3) The term ``covered offense'' means-- (A) stalking; or (B) an offense that has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon. (4) The term ``covered person'' means, with regard to a targeted person or a protected person-- (A) the current or former-- (i) spouse; (ii) intimate partner; (iii) dating partner; (iv) parent; or (v) guardian, of the targeted person or protected person; (B) a person with whom the targeted person or protected person shares a child in common; (C) a person who is cohabiting with or has cohabited with the targeted person or protected person as a spouse, intimate partner, dating partner, parent, or guardian; (D) a person similarly situated to a spouse, intimate partner, dating partner, parent, or guardian of the targeted person or protected person; or (E) a person who has or had a relationship with the targeted person or protected person such that the targeted person or protected person is otherwise protected by the domestic or family violence laws of the State, tribal, or municipal jurisdiction in which the targeted person or protected person resides, or, if an offense has occurred, against that targeted or protected person. (7) The term ``protected person'' means, with regard to a person, the intimate partner or dating partner of that person, or the child of such intimate partner, of such dating partner, or of that person. (8) The term ``relinquishment'' means the removal of a firearm (as such term is defined in section 921 of title 18, United States Code) or ammunition (as such term is defined in section 921 of title 18, United States Code) from a person's possession or control. (10) The term ``targeted person'' means the victim of a covered offense.

To authorize the Attorney General to make grants to States and units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes. a) Authorization.--The Attorney General is authorized to make grants to States, Tribes, or units of local government that have in place a statute, rule, policy, or practice that is the same as or substantially similar to the best practices published by the Attorney General under this Act, for the purpose of implementing such statute, administrative rule, policy, or practice. ( (a) In General.--Not later than 3 years after the date of the enactment of this Act, Attorney General, acting through the Director of the National Institute of Justice, shall prepare and submit a report to Congress on best practices for statutes, rules, policies, and practices, which provide a process by which individuals who are charged with or convicted of a crime of domestic violence, or who are subject to, or in violation of a domestic violence protective order, may be subject to relinquishment. 2) The level of discretion of a court in entering a relinquishment order. ( (6) The persons or entities to which firearms may be relinquished, including whether any entity other than a law enforcement officer or licensed dealer under section 923 of title 18, United States Code, may receive firearms. ( 8) The period of time provided for an individual subject to a relinquishment order to comply with the order. ( 11) The manner in which relinquished firearms may be safely and securely stored. ( (18) Procedural protections that are required to ensure that individuals who may be subject to a relinquishment order are provided due process at each stage of the process. ( 19) The involvement of victim and community advocates. ( The Attorney General, acting through the Director of the National Institute of Justice, shall enter into contracts with nongovernmental entities to conduct studies comparing statutes, administrative rules, policies and practices to determine the relative effectiveness of such statutes, rules, policies, and procedures in effectively providing for relinquishment. Not later than the date that is 10 years after the submission of the report under section 3, the Director shall submit to Congress not less than one report including updates to the best practices based on the studies conducted under this section. 5) The term ``crime of domestic violence'' means a covered offense committed by a covered person against the targeted person. ( 6) The term ``domestic violence protective order'' means a court order that restrains a covered person described in subparagraphs (A), (B), (C), (D), or (E) of paragraph (4) from harassing, stalking, or threatening a protected person, or engaging in other conduct that would place an intimate partner or dating partner in reasonable fear of bodily injury to the partner or child. (7) The term ``protected person'' means, with regard to a person, the intimate partner or dating partner of that person, or the child of such intimate partner, of such dating partner, or of that person. ( 9) The term ``relinquishment order'' means any mandate from a court requiring a person to be subject to relinquishment. (

To authorize the Attorney General to make grants to States and units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes. b) Best Practices.--In preparing the report under subsection (a), the Director shall examine and determine the best practices for each of the following: (1) The types of offenses or court orders for which relinquishment may be authorized. (2) The level of discretion of a court in entering a relinquishment order. ( 8) The period of time provided for an individual subject to a relinquishment order to comply with the order. ( 11) The manner in which relinquished firearms may be safely and securely stored. ( 12) The duration of a relinquishment order. ( (21) The services and safety planning provided to the victims before, during, and after firearms are relinquished or recovered and when they are returned. ( b) Rules; Policies and Practices.--To the extent authorized by law, the Attorney General shall make rules, policies, and practices in accordance with the best practices described in section 3. In this Act, terms used have the meanings given such terms in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968, except as follows: (1) The term ``intimate partner'' has the meaning given that term in section 921 of title 18, United States Code. ( 6) The term ``domestic violence protective order'' means a court order that restrains a covered person described in subparagraphs (A), (B), (C), (D), or (E) of paragraph (4) from harassing, stalking, or threatening a protected person, or engaging in other conduct that would place an intimate partner or dating partner in reasonable fear of bodily injury to the partner or child. (7) The term ``protected person'' means, with regard to a person, the intimate partner or dating partner of that person, or the child of such intimate partner, of such dating partner, or of that person. ( 9) The term ``relinquishment order'' means any mandate from a court requiring a person to be subject to relinquishment. (

To authorize the Attorney General to make grants to States and units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes. b) Best Practices.--In preparing the report under subsection (a), the Director shall examine and determine the best practices for each of the following: (1) The types of offenses or court orders for which relinquishment may be authorized. (2) The level of discretion of a court in entering a relinquishment order. ( 8) The period of time provided for an individual subject to a relinquishment order to comply with the order. ( 11) The manner in which relinquished firearms may be safely and securely stored. ( 12) The duration of a relinquishment order. ( (21) The services and safety planning provided to the victims before, during, and after firearms are relinquished or recovered and when they are returned. ( b) Rules; Policies and Practices.--To the extent authorized by law, the Attorney General shall make rules, policies, and practices in accordance with the best practices described in section 3. In this Act, terms used have the meanings given such terms in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968, except as follows: (1) The term ``intimate partner'' has the meaning given that term in section 921 of title 18, United States Code. ( 6) The term ``domestic violence protective order'' means a court order that restrains a covered person described in subparagraphs (A), (B), (C), (D), or (E) of paragraph (4) from harassing, stalking, or threatening a protected person, or engaging in other conduct that would place an intimate partner or dating partner in reasonable fear of bodily injury to the partner or child. (7) The term ``protected person'' means, with regard to a person, the intimate partner or dating partner of that person, or the child of such intimate partner, of such dating partner, or of that person. ( 9) The term ``relinquishment order'' means any mandate from a court requiring a person to be subject to relinquishment. (

To authorize the Attorney General to make grants to States and units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes. a) Authorization.--The Attorney General is authorized to make grants to States, Tribes, or units of local government that have in place a statute, rule, policy, or practice that is the same as or substantially similar to the best practices published by the Attorney General under this Act, for the purpose of implementing such statute, administrative rule, policy, or practice. ( (a) In General.--Not later than 3 years after the date of the enactment of this Act, Attorney General, acting through the Director of the National Institute of Justice, shall prepare and submit a report to Congress on best practices for statutes, rules, policies, and practices, which provide a process by which individuals who are charged with or convicted of a crime of domestic violence, or who are subject to, or in violation of a domestic violence protective order, may be subject to relinquishment. 2) The level of discretion of a court in entering a relinquishment order. ( (6) The persons or entities to which firearms may be relinquished, including whether any entity other than a law enforcement officer or licensed dealer under section 923 of title 18, United States Code, may receive firearms. ( 8) The period of time provided for an individual subject to a relinquishment order to comply with the order. ( 11) The manner in which relinquished firearms may be safely and securely stored. ( (18) Procedural protections that are required to ensure that individuals who may be subject to a relinquishment order are provided due process at each stage of the process. ( 19) The involvement of victim and community advocates. ( The Attorney General, acting through the Director of the National Institute of Justice, shall enter into contracts with nongovernmental entities to conduct studies comparing statutes, administrative rules, policies and practices to determine the relative effectiveness of such statutes, rules, policies, and procedures in effectively providing for relinquishment. Not later than the date that is 10 years after the submission of the report under section 3, the Director shall submit to Congress not less than one report including updates to the best practices based on the studies conducted under this section. 5) The term ``crime of domestic violence'' means a covered offense committed by a covered person against the targeted person. ( 6) The term ``domestic violence protective order'' means a court order that restrains a covered person described in subparagraphs (A), (B), (C), (D), or (E) of paragraph (4) from harassing, stalking, or threatening a protected person, or engaging in other conduct that would place an intimate partner or dating partner in reasonable fear of bodily injury to the partner or child. (7) The term ``protected person'' means, with regard to a person, the intimate partner or dating partner of that person, or the child of such intimate partner, of such dating partner, or of that person. ( 9) The term ``relinquishment order'' means any mandate from a court requiring a person to be subject to relinquishment. (

To authorize the Attorney General to make grants to States and units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes. b) Best Practices.--In preparing the report under subsection (a), the Director shall examine and determine the best practices for each of the following: (1) The types of offenses or court orders for which relinquishment may be authorized. (2) The level of discretion of a court in entering a relinquishment order. ( 8) The period of time provided for an individual subject to a relinquishment order to comply with the order. ( 11) The manner in which relinquished firearms may be safely and securely stored. ( 12) The duration of a relinquishment order. ( (21) The services and safety planning provided to the victims before, during, and after firearms are relinquished or recovered and when they are returned. ( b) Rules; Policies and Practices.--To the extent authorized by law, the Attorney General shall make rules, policies, and practices in accordance with the best practices described in section 3. In this Act, terms used have the meanings given such terms in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968, except as follows: (1) The term ``intimate partner'' has the meaning given that term in section 921 of title 18, United States Code. ( 6) The term ``domestic violence protective order'' means a court order that restrains a covered person described in subparagraphs (A), (B), (C), (D), or (E) of paragraph (4) from harassing, stalking, or threatening a protected person, or engaging in other conduct that would place an intimate partner or dating partner in reasonable fear of bodily injury to the partner or child. (7) The term ``protected person'' means, with regard to a person, the intimate partner or dating partner of that person, or the child of such intimate partner, of such dating partner, or of that person. ( 9) The term ``relinquishment order'' means any mandate from a court requiring a person to be subject to relinquishment. (

To authorize the Attorney General to make grants to States and units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes. a) Authorization.--The Attorney General is authorized to make grants to States, Tribes, or units of local government that have in place a statute, rule, policy, or practice that is the same as or substantially similar to the best practices published by the Attorney General under this Act, for the purpose of implementing such statute, administrative rule, policy, or practice. ( (a) In General.--Not later than 3 years after the date of the enactment of this Act, Attorney General, acting through the Director of the National Institute of Justice, shall prepare and submit a report to Congress on best practices for statutes, rules, policies, and practices, which provide a process by which individuals who are charged with or convicted of a crime of domestic violence, or who are subject to, or in violation of a domestic violence protective order, may be subject to relinquishment. 2) The level of discretion of a court in entering a relinquishment order. ( (6) The persons or entities to which firearms may be relinquished, including whether any entity other than a law enforcement officer or licensed dealer under section 923 of title 18, United States Code, may receive firearms. ( 8) The period of time provided for an individual subject to a relinquishment order to comply with the order. ( 11) The manner in which relinquished firearms may be safely and securely stored. ( (18) Procedural protections that are required to ensure that individuals who may be subject to a relinquishment order are provided due process at each stage of the process. ( 19) The involvement of victim and community advocates. ( The Attorney General, acting through the Director of the National Institute of Justice, shall enter into contracts with nongovernmental entities to conduct studies comparing statutes, administrative rules, policies and practices to determine the relative effectiveness of such statutes, rules, policies, and procedures in effectively providing for relinquishment. Not later than the date that is 10 years after the submission of the report under section 3, the Director shall submit to Congress not less than one report including updates to the best practices based on the studies conducted under this section. 5) The term ``crime of domestic violence'' means a covered offense committed by a covered person against the targeted person. ( 6) The term ``domestic violence protective order'' means a court order that restrains a covered person described in subparagraphs (A), (B), (C), (D), or (E) of paragraph (4) from harassing, stalking, or threatening a protected person, or engaging in other conduct that would place an intimate partner or dating partner in reasonable fear of bodily injury to the partner or child. (7) The term ``protected person'' means, with regard to a person, the intimate partner or dating partner of that person, or the child of such intimate partner, of such dating partner, or of that person. ( 9) The term ``relinquishment order'' means any mandate from a court requiring a person to be subject to relinquishment. (

To authorize the Attorney General to make grants to States and units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes. b) Best Practices.--In preparing the report under subsection (a), the Director shall examine and determine the best practices for each of the following: (1) The types of offenses or court orders for which relinquishment may be authorized. (2) The level of discretion of a court in entering a relinquishment order. ( 8) The period of time provided for an individual subject to a relinquishment order to comply with the order. ( 11) The manner in which relinquished firearms may be safely and securely stored. ( 12) The duration of a relinquishment order. ( (21) The services and safety planning provided to the victims before, during, and after firearms are relinquished or recovered and when they are returned. ( b) Rules; Policies and Practices.--To the extent authorized by law, the Attorney General shall make rules, policies, and practices in accordance with the best practices described in section 3. In this Act, terms used have the meanings given such terms in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968, except as follows: (1) The term ``intimate partner'' has the meaning given that term in section 921 of title 18, United States Code. ( 6) The term ``domestic violence protective order'' means a court order that restrains a covered person described in subparagraphs (A), (B), (C), (D), or (E) of paragraph (4) from harassing, stalking, or threatening a protected person, or engaging in other conduct that would place an intimate partner or dating partner in reasonable fear of bodily injury to the partner or child. (7) The term ``protected person'' means, with regard to a person, the intimate partner or dating partner of that person, or the child of such intimate partner, of such dating partner, or of that person. ( 9) The term ``relinquishment order'' means any mandate from a court requiring a person to be subject to relinquishment. (

To authorize the Attorney General to make grants to States and units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes. a) In General.--Not later than 3 years after the date of the enactment of this Act, Attorney General, acting through the Director of the National Institute of Justice, shall prepare and submit a report to Congress on best practices for statutes, rules, policies, and practices, which provide a process by which individuals who are charged with or convicted of a crime of domestic violence, or who are subject to, or in violation of a domestic violence protective order, may be subject to relinquishment. ( 8) The period of time provided for an individual subject to a relinquishment order to comply with the order. ( 6) The term ``domestic violence protective order'' means a court order that restrains a covered person described in subparagraphs (A), (B), (C), (D), or (E) of paragraph (4) from harassing, stalking, or threatening a protected person, or engaging in other conduct that would place an intimate partner or dating partner in reasonable fear of bodily injury to the partner or child. (7) The term ``protected person'' means, with regard to a person, the intimate partner or dating partner of that person, or the child of such intimate partner, of such dating partner, or of that person. ( 9) The term ``relinquishment order'' means any mandate from a court requiring a person to be subject to relinquishment. (

To authorize the Attorney General to make grants to States and units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes. b) Best Practices.--In preparing the report under subsection (a), the Director shall examine and determine the best practices for each of the following: (1) The types of offenses or court orders for which relinquishment may be authorized. (2) The level of discretion of a court in entering a relinquishment order. ( 8) The period of time provided for an individual subject to a relinquishment order to comply with the order. ( 11) The manner in which relinquished firearms may be safely and securely stored. ( 12) The duration of a relinquishment order. ( (21) The services and safety planning provided to the victims before, during, and after firearms are relinquished or recovered and when they are returned. ( b) Rules; Policies and Practices.--To the extent authorized by law, the Attorney General shall make rules, policies, and practices in accordance with the best practices described in section 3. In this Act, terms used have the meanings given such terms in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968, except as follows: (1) The term ``intimate partner'' has the meaning given that term in section 921 of title 18, United States Code. ( 6) The term ``domestic violence protective order'' means a court order that restrains a covered person described in subparagraphs (A), (B), (C), (D), or (E) of paragraph (4) from harassing, stalking, or threatening a protected person, or engaging in other conduct that would place an intimate partner or dating partner in reasonable fear of bodily injury to the partner or child. (7) The term ``protected person'' means, with regard to a person, the intimate partner or dating partner of that person, or the child of such intimate partner, of such dating partner, or of that person. ( 9) The term ``relinquishment order'' means any mandate from a court requiring a person to be subject to relinquishment. (

To authorize the Attorney General to make grants to States and units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes. a) In General.--Not later than 3 years after the date of the enactment of this Act, Attorney General, acting through the Director of the National Institute of Justice, shall prepare and submit a report to Congress on best practices for statutes, rules, policies, and practices, which provide a process by which individuals who are charged with or convicted of a crime of domestic violence, or who are subject to, or in violation of a domestic violence protective order, may be subject to relinquishment. ( 8) The period of time provided for an individual subject to a relinquishment order to comply with the order. ( 6) The term ``domestic violence protective order'' means a court order that restrains a covered person described in subparagraphs (A), (B), (C), (D), or (E) of paragraph (4) from harassing, stalking, or threatening a protected person, or engaging in other conduct that would place an intimate partner or dating partner in reasonable fear of bodily injury to the partner or child. (7) The term ``protected person'' means, with regard to a person, the intimate partner or dating partner of that person, or the child of such intimate partner, of such dating partner, or of that person. ( 9) The term ``relinquishment order'' means any mandate from a court requiring a person to be subject to relinquishment. (

No Guns for Abusers Act of 2021 - Authorizes the Attorney General to make grants to States, Tribes, or units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes. Requires the Directs the Attorney General to prepare and submit to Congress recommendations for federal legislation in accordance with this Act. (Sec. 5) Directs the Director of the National Institute on Violence Against Women to study and report to Congress on the best practices for the enforcement of domestic violence laws. Requires the Director to submit to the Congress at least one report including updates to the studies conducted under this Act

H.R.7530

Education

Student Loan Borrower Relief Act This bill revises income-driven repayment plans for federal student loans, including by reducing from 25 years to 15 years the maximum repayment period under these plans. Additionally, the bill makes changes to the Public Service Loan Forgiveness program, including by cancelling a portion of a borrower's student loans after every 12 months of eligible public service employment.

To update the income-driven repayment plans and the public service loan forgiveness program under the Higher Education Act of 1965, and for other purposes. Be it enacted by the Senate 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 Borrower Relief Act''. SEC. 2. INCOME-DRIVEN REPAYMENT REQUIREMENTS. (a) Income-Contingent Repayment Plans.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended-- (1) in subsection (d)(1)(D), by striking ``25 years'' and inserting ``15 years''; and (2) in subsection (e)-- (A) in the matter preceding subparagraph (A), in paragraph (7), by striking ``in effect for a borrower,'' and inserting ``in effect for a borrower, not to exceed 15 years,''; and (B) by adding at the end the following: ``(1) Monthly payment requirements.--During any period a borrower is repaying a loan made under this part pursuant to an income contingent repayment plan under this subsection, the following shall apply: ``(A)(i) The borrower's aggregate monthly payment for all such loans shall not exceed the result described in clause (ii) divided by 12. ``(ii) The result described in this clause shall be 10 percent of the result obtained by calculating, on at least an annual basis, the amount by which-- ``(I) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds ``(II) 250 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). ``(B)(i) Subject to clause (ii), in a case in which the borrower's aggregate monthly payment on such loans is not sufficient to pay the accrued interest on such loans, any such accrued interest that is not paid shall be canceled by the Secretary. ``(ii)(I) Notwithstanding clause (i), any interest due and not paid on such loans at a time described in subclause (II) of this clause shall accrue but not be capitalized. ``(II) This clause shall apply at each of the following times: ``(aa) The borrower no longer has a partial financial hardship, as defined by the applicable income contingent repayment plan. ``(bb) The borrower begins making payments of not less than the monthly amount calculated under 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection.''. (b) Income-Based Repayment.--Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended-- (1) in subsection (a)(3)(B)-- (A) in the matter preceding clause (i), by striking ``15 percent'' and inserting ``10 percent''; and (B) in clause (ii), by striking ``150'' and inserting ``250''; and (2) in subsection (b)-- (A) by striking paragraph (3) and inserting the following: ``(3) any interest due and not paid under paragraph (2)-- ``(A) subject to subparagraph (B), shall be canceled or paid by the Secretary during the period after the date of the borrower's election under paragraph (1); and ``(B) shall accrue but not be capitalized, at the time the borrower-- ``(i) ends the election to make income- based repayment under this subsection; or ``(ii) begins making payments of not less than the amount specified in paragraph (6)(A);''; and (B) in paragraph (7)(B), by striking ``25 years'' and inserting ``15 years''. (c) Application.--The amendments made by this section shall apply to each borrower who-- (1) as of the effective date of such amendments, is repaying loans under an income-contingent repayment plan under section 455(e) of the Higher Education Act of 1965 (20 U.S.C. 1087e(e)) or an income-based repayment plan under section 493C of such Act (20 U.S.C. 1098e); or (2) on or after such effective date, selects, or is required to repay such loan pursuant to such a repayment plan. SEC. 3. PUBLIC SERVICE LOAN FORGIVENESS. Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``cancel the balance'' and inserting ``cancel, on an annual a basis for not more than 10 years, a portion of the balance''; (B) in subparagraph (A), by striking ``120'' and inserting ``12''; and (C) in subparagraph (B)(ii), by striking ``120'' and inserting ``12''; and (2) by amending paragraph (2) to read as follows: ``(2) Loan cancellation amount.-- ``(A) In general.--A borrower may submit an application for loan cancellation under this subsection after any employment period listed in subparagraph (B), and upon a determination that the borrower is eligible for such loan cancellation, the Secretary shall cancel the portion of the balance due on the principal and interest on the eligible Federal Direct Loans made to the borrower under this part for which the borrower is eligible under subparagraph (B). ``(B) Employment periods.--The employment periods listed in this subparagraph are as follows: ``(i) First 12-month employment period.-- After the conclusion of the first 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Second 12-month employment period.-- After the conclusion of the second 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(iii) Third 12-month employment period.-- After the conclusion of the third 12-month employment period described in paragraph (1), the Secretary shall cancel 10 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(iv) Fourth 12-month employment period.-- After the conclusion of the fourth 12-month employment period described in paragraph (1), the Secretary shall cancel 10 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(v) Fifth 12-month employment period.-- After the conclusion of the fifth 12-month employment period described in paragraph (1), the Secretary shall cancel 15 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(vi) Sixth 12-month employment period.-- After the conclusion of the sixth 12-month employment period described in paragraph (1), the Secretary shall cancel 15 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(vii) Seventh 12-month employment period.--After the conclusion of the seventh 12-month employment period described in paragraph (1), the Secretary shall cancel 20 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(viii) Eighth 12-month employment period.--After the conclusion of the eighth 12- month employment period described in paragraph (1), the Secretary shall cancel 20 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ix) Ninth 12-month employment period.-- After the conclusion of the ninth 12-month employment period described in paragraph (1), the Secretary shall cancel 30 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(x) Tenth 12-month employment period.-- After the conclusion of the tenth 12-month employment period described in paragraph (1), the Secretary shall cancel the remaining obligation to repay the balance of principal and interest due as of the time of such cancellation.''. SEC. 4. EFFECTIVE DATE. (a) In General.--The amendments made by this Act shall take effect on a date that is 2 years after the date of enactment of this Act. (b) Early Effective Date Permitted.--The Secretary of Education may implement the amendments made by this Act before (but not later than) the date that is 2 years after the date of enactment of this Act. The Secretary shall specify in a designation on what date, and under what conditions the Secretary will implement such amendments prior to a date that is 2 years after the date of enactment of this Act. The Secretary shall publish any designation under this paragraph in the Federal Register at least 60 days before implementation. <all>

Student Loan Borrower Relief Act

To update the income-driven repayment plans and the public service loan forgiveness program under the Higher Education Act of 1965, and for other purposes.

Student Loan Borrower Relief Act

Rep. Wilson, Frederica S.

D

FL

This bill revises income-driven repayment plans for federal student loans, including by reducing from 25 years to 15 years the maximum repayment period under these plans. Additionally, the bill makes changes to the Public Service Loan Forgiveness program, including by cancelling a portion of a borrower's student loans after every 12 months of eligible public service employment.

Be it enacted by the Senate 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 Borrower Relief Act''. 2. INCOME-DRIVEN REPAYMENT REQUIREMENTS. (a) Income-Contingent Repayment Plans.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended-- (1) in subsection (d)(1)(D), by striking ``25 years'' and inserting ``15 years''; and (2) in subsection (e)-- (A) in the matter preceding subparagraph (A), in paragraph (7), by striking ``in effect for a borrower,'' and inserting ``in effect for a borrower, not to exceed 15 years,''; and (B) by adding at the end the following: ``(1) Monthly payment requirements.--During any period a borrower is repaying a loan made under this part pursuant to an income contingent repayment plan under this subsection, the following shall apply: ``(A)(i) The borrower's aggregate monthly payment for all such loans shall not exceed the result described in clause (ii) divided by 12. ``(ii) The result described in this clause shall be 10 percent of the result obtained by calculating, on at least an annual basis, the amount by which-- ``(I) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds ``(II) 250 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). ``(B)(i) Subject to clause (ii), in a case in which the borrower's aggregate monthly payment on such loans is not sufficient to pay the accrued interest on such loans, any such accrued interest that is not paid shall be canceled by the Secretary. ``(ii)(I) Notwithstanding clause (i), any interest due and not paid on such loans at a time described in subclause (II) of this clause shall accrue but not be capitalized. ``(bb) The borrower begins making payments of not less than the monthly amount calculated under 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection.''. 3. PUBLIC SERVICE LOAN FORGIVENESS. ``(B) Employment periods.--The employment periods listed in this subparagraph are as follows: ``(i) First 12-month employment period.-- After the conclusion of the first 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. SEC. 4. EFFECTIVE DATE. The Secretary shall specify in a designation on what date, and under what conditions the Secretary will implement such amendments prior to a date that is 2 years after the date of enactment of this Act. The Secretary shall publish any designation under this paragraph in the Federal Register at least 60 days before implementation.

Be it enacted by the Senate 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 Borrower Relief Act''. 2. (a) Income-Contingent Repayment Plans.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended-- (1) in subsection (d)(1)(D), by striking ``25 years'' and inserting ``15 years''; and (2) in subsection (e)-- (A) in the matter preceding subparagraph (A), in paragraph (7), by striking ``in effect for a borrower,'' and inserting ``in effect for a borrower, not to exceed 15 years,''; and (B) by adding at the end the following: ``(1) Monthly payment requirements.--During any period a borrower is repaying a loan made under this part pursuant to an income contingent repayment plan under this subsection, the following shall apply: ``(A)(i) The borrower's aggregate monthly payment for all such loans shall not exceed the result described in clause (ii) divided by 12. ``(ii)(I) Notwithstanding clause (i), any interest due and not paid on such loans at a time described in subclause (II) of this clause shall accrue but not be capitalized. ``(bb) The borrower begins making payments of not less than the monthly amount calculated under 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection.''. 3. PUBLIC SERVICE LOAN FORGIVENESS. ``(B) Employment periods.--The employment periods listed in this subparagraph are as follows: ``(i) First 12-month employment period.-- After the conclusion of the first 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. SEC. 4. EFFECTIVE DATE. The Secretary shall specify in a designation on what date, and under what conditions the Secretary will implement such amendments prior to a date that is 2 years after the date of enactment of this Act.

To update the income-driven repayment plans and the public service loan forgiveness program under the Higher Education Act of 1965, and for other purposes. Be it enacted by the Senate 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 Borrower Relief Act''. 2. INCOME-DRIVEN REPAYMENT REQUIREMENTS. (a) Income-Contingent Repayment Plans.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended-- (1) in subsection (d)(1)(D), by striking ``25 years'' and inserting ``15 years''; and (2) in subsection (e)-- (A) in the matter preceding subparagraph (A), in paragraph (7), by striking ``in effect for a borrower,'' and inserting ``in effect for a borrower, not to exceed 15 years,''; and (B) by adding at the end the following: ``(1) Monthly payment requirements.--During any period a borrower is repaying a loan made under this part pursuant to an income contingent repayment plan under this subsection, the following shall apply: ``(A)(i) The borrower's aggregate monthly payment for all such loans shall not exceed the result described in clause (ii) divided by 12. ``(ii) The result described in this clause shall be 10 percent of the result obtained by calculating, on at least an annual basis, the amount by which-- ``(I) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds ``(II) 250 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). ``(B)(i) Subject to clause (ii), in a case in which the borrower's aggregate monthly payment on such loans is not sufficient to pay the accrued interest on such loans, any such accrued interest that is not paid shall be canceled by the Secretary. ``(ii)(I) Notwithstanding clause (i), any interest due and not paid on such loans at a time described in subclause (II) of this clause shall accrue but not be capitalized. ``(II) This clause shall apply at each of the following times: ``(aa) The borrower no longer has a partial financial hardship, as defined by the applicable income contingent repayment plan. ``(bb) The borrower begins making payments of not less than the monthly amount calculated under 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection.''. 1098e); or (2) on or after such effective date, selects, or is required to repay such loan pursuant to such a repayment plan. 3. PUBLIC SERVICE LOAN FORGIVENESS. ``(B) Employment periods.--The employment periods listed in this subparagraph are as follows: ``(i) First 12-month employment period.-- After the conclusion of the first 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(x) Tenth 12-month employment period.-- After the conclusion of the tenth 12-month employment period described in paragraph (1), the Secretary shall cancel the remaining obligation to repay the balance of principal and interest due as of the time of such cancellation.''. SEC. 4. EFFECTIVE DATE. (a) In General.--The amendments made by this Act shall take effect on a date that is 2 years after the date of enactment of this Act. The Secretary shall specify in a designation on what date, and under what conditions the Secretary will implement such amendments prior to a date that is 2 years after the date of enactment of this Act. The Secretary shall publish any designation under this paragraph in the Federal Register at least 60 days before implementation.

To update the income-driven repayment plans and the public service loan forgiveness program under the Higher Education Act of 1965, and for other purposes. Be it enacted by the Senate 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 Borrower Relief Act''. 2. INCOME-DRIVEN REPAYMENT REQUIREMENTS. (a) Income-Contingent Repayment Plans.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended-- (1) in subsection (d)(1)(D), by striking ``25 years'' and inserting ``15 years''; and (2) in subsection (e)-- (A) in the matter preceding subparagraph (A), in paragraph (7), by striking ``in effect for a borrower,'' and inserting ``in effect for a borrower, not to exceed 15 years,''; and (B) by adding at the end the following: ``(1) Monthly payment requirements.--During any period a borrower is repaying a loan made under this part pursuant to an income contingent repayment plan under this subsection, the following shall apply: ``(A)(i) The borrower's aggregate monthly payment for all such loans shall not exceed the result described in clause (ii) divided by 12. ``(ii) The result described in this clause shall be 10 percent of the result obtained by calculating, on at least an annual basis, the amount by which-- ``(I) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds ``(II) 250 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). ``(B)(i) Subject to clause (ii), in a case in which the borrower's aggregate monthly payment on such loans is not sufficient to pay the accrued interest on such loans, any such accrued interest that is not paid shall be canceled by the Secretary. ``(ii)(I) Notwithstanding clause (i), any interest due and not paid on such loans at a time described in subclause (II) of this clause shall accrue but not be capitalized. ``(II) This clause shall apply at each of the following times: ``(aa) The borrower no longer has a partial financial hardship, as defined by the applicable income contingent repayment plan. ``(bb) The borrower begins making payments of not less than the monthly amount calculated under 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection.''. 1087e(e)) or an income-based repayment plan under section 493C of such Act (20 U.S.C. 1098e); or (2) on or after such effective date, selects, or is required to repay such loan pursuant to such a repayment plan. 3. PUBLIC SERVICE LOAN FORGIVENESS. 1087e(m)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``cancel the balance'' and inserting ``cancel, on an annual a basis for not more than 10 years, a portion of the balance''; (B) in subparagraph (A), by striking ``120'' and inserting ``12''; and (C) in subparagraph (B)(ii), by striking ``120'' and inserting ``12''; and (2) by amending paragraph (2) to read as follows: ``(2) Loan cancellation amount.-- ``(A) In general.--A borrower may submit an application for loan cancellation under this subsection after any employment period listed in subparagraph (B), and upon a determination that the borrower is eligible for such loan cancellation, the Secretary shall cancel the portion of the balance due on the principal and interest on the eligible Federal Direct Loans made to the borrower under this part for which the borrower is eligible under subparagraph (B). ``(B) Employment periods.--The employment periods listed in this subparagraph are as follows: ``(i) First 12-month employment period.-- After the conclusion of the first 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(vii) Seventh 12-month employment period.--After the conclusion of the seventh 12-month employment period described in paragraph (1), the Secretary shall cancel 20 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ix) Ninth 12-month employment period.-- After the conclusion of the ninth 12-month employment period described in paragraph (1), the Secretary shall cancel 30 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(x) Tenth 12-month employment period.-- After the conclusion of the tenth 12-month employment period described in paragraph (1), the Secretary shall cancel the remaining obligation to repay the balance of principal and interest due as of the time of such cancellation.''. SEC. 4. EFFECTIVE DATE. (a) In General.--The amendments made by this Act shall take effect on a date that is 2 years after the date of enactment of this Act. (b) Early Effective Date Permitted.--The Secretary of Education may implement the amendments made by this Act before (but not later than) the date that is 2 years after the date of enactment of this Act. The Secretary shall specify in a designation on what date, and under what conditions the Secretary will implement such amendments prior to a date that is 2 years after the date of enactment of this Act. The Secretary shall publish any designation under this paragraph in the Federal Register at least 60 days before implementation.

To update the income-driven repayment plans and the public service loan forgiveness program under the Higher Education Act of 1965, and for other purposes. This Act may be cited as the ``Student Loan Borrower Relief Act''. ``(ii) The result described in this clause shall be 10 percent of the result obtained by calculating, on at least an annual basis, the amount by which-- ``(I) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds ``(II) 250 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). ``(bb) The borrower begins making payments of not less than the monthly amount calculated under 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection.''. ( c) Application.--The amendments made by this section shall apply to each borrower who-- (1) as of the effective date of such amendments, is repaying loans under an income-contingent repayment plan under section 455(e) of the Higher Education Act of 1965 (20 U.S.C. 1087e(e)) or an income-based repayment plan under section 493C of such Act (20 U.S.C. 1098e); or (2) on or after such effective date, selects, or is required to repay such loan pursuant to such a repayment plan. PUBLIC SERVICE LOAN FORGIVENESS. ``(B) Employment periods.--The employment periods listed in this subparagraph are as follows: ``(i) First 12-month employment period.-- After the conclusion of the first 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Second 12-month employment period.-- After the conclusion of the second 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(iv) Fourth 12-month employment period.-- After the conclusion of the fourth 12-month employment period described in paragraph (1), the Secretary shall cancel 10 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(vi) Sixth 12-month employment period.-- After the conclusion of the sixth 12-month employment period described in paragraph (1), the Secretary shall cancel 15 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(vii) Seventh 12-month employment period.--After the conclusion of the seventh 12-month employment period described in paragraph (1), the Secretary shall cancel 20 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(x) Tenth 12-month employment period.-- After the conclusion of the tenth 12-month employment period described in paragraph (1), the Secretary shall cancel the remaining obligation to repay the balance of principal and interest due as of the time of such cancellation.''. b) Early Effective Date Permitted.--The Secretary of Education may implement the amendments made by this Act before (but not later than) the date that is 2 years after the date of enactment of this Act.

To update the income-driven repayment plans and the public service loan forgiveness program under the Higher Education Act of 1965, and for other purposes. ``(ii) The result described in this clause shall be 10 percent of the result obtained by calculating, on at least an annual basis, the amount by which-- ``(I) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds ``(II) 250 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). ``(II) This clause shall apply at each of the following times: ``(aa) The borrower no longer has a partial financial hardship, as defined by the applicable income contingent repayment plan. ``(bb) The borrower begins making payments of not less than the monthly amount calculated under 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection.''. ( ``(B) Employment periods.--The employment periods listed in this subparagraph are as follows: ``(i) First 12-month employment period.-- After the conclusion of the first 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Second 12-month employment period.-- After the conclusion of the second 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(iv) Fourth 12-month employment period.-- After the conclusion of the fourth 12-month employment period described in paragraph (1), the Secretary shall cancel 10 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(vii) Seventh 12-month employment period.--After the conclusion of the seventh 12-month employment period described in paragraph (1), the Secretary shall cancel 20 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(x) Tenth 12-month employment period.-- After the conclusion of the tenth 12-month employment period described in paragraph (1), the Secretary shall cancel the remaining obligation to repay the balance of principal and interest due as of the time of such cancellation.''. b) Early Effective Date Permitted.--The Secretary of Education may implement the amendments made by this Act before (but not later than) the date that is 2 years after the date of enactment of this Act.

To update the income-driven repayment plans and the public service loan forgiveness program under the Higher Education Act of 1965, and for other purposes. ``(ii) The result described in this clause shall be 10 percent of the result obtained by calculating, on at least an annual basis, the amount by which-- ``(I) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds ``(II) 250 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). ``(II) This clause shall apply at each of the following times: ``(aa) The borrower no longer has a partial financial hardship, as defined by the applicable income contingent repayment plan. ``(bb) The borrower begins making payments of not less than the monthly amount calculated under 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection.''. ( ``(B) Employment periods.--The employment periods listed in this subparagraph are as follows: ``(i) First 12-month employment period.-- After the conclusion of the first 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Second 12-month employment period.-- After the conclusion of the second 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(iv) Fourth 12-month employment period.-- After the conclusion of the fourth 12-month employment period described in paragraph (1), the Secretary shall cancel 10 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(vii) Seventh 12-month employment period.--After the conclusion of the seventh 12-month employment period described in paragraph (1), the Secretary shall cancel 20 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(x) Tenth 12-month employment period.-- After the conclusion of the tenth 12-month employment period described in paragraph (1), the Secretary shall cancel the remaining obligation to repay the balance of principal and interest due as of the time of such cancellation.''. b) Early Effective Date Permitted.--The Secretary of Education may implement the amendments made by this Act before (but not later than) the date that is 2 years after the date of enactment of this Act.

To update the income-driven repayment plans and the public service loan forgiveness program under the Higher Education Act of 1965, and for other purposes. This Act may be cited as the ``Student Loan Borrower Relief Act''. ``(ii) The result described in this clause shall be 10 percent of the result obtained by calculating, on at least an annual basis, the amount by which-- ``(I) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds ``(II) 250 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). ``(bb) The borrower begins making payments of not less than the monthly amount calculated under 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection.''. ( c) Application.--The amendments made by this section shall apply to each borrower who-- (1) as of the effective date of such amendments, is repaying loans under an income-contingent repayment plan under section 455(e) of the Higher Education Act of 1965 (20 U.S.C. 1087e(e)) or an income-based repayment plan under section 493C of such Act (20 U.S.C. 1098e); or (2) on or after such effective date, selects, or is required to repay such loan pursuant to such a repayment plan. PUBLIC SERVICE LOAN FORGIVENESS. ``(B) Employment periods.--The employment periods listed in this subparagraph are as follows: ``(i) First 12-month employment period.-- After the conclusion of the first 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Second 12-month employment period.-- After the conclusion of the second 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(iv) Fourth 12-month employment period.-- After the conclusion of the fourth 12-month employment period described in paragraph (1), the Secretary shall cancel 10 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(vi) Sixth 12-month employment period.-- After the conclusion of the sixth 12-month employment period described in paragraph (1), the Secretary shall cancel 15 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(vii) Seventh 12-month employment period.--After the conclusion of the seventh 12-month employment period described in paragraph (1), the Secretary shall cancel 20 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(x) Tenth 12-month employment period.-- After the conclusion of the tenth 12-month employment period described in paragraph (1), the Secretary shall cancel the remaining obligation to repay the balance of principal and interest due as of the time of such cancellation.''. b) Early Effective Date Permitted.--The Secretary of Education may implement the amendments made by this Act before (but not later than) the date that is 2 years after the date of enactment of this Act.

To update the income-driven repayment plans and the public service loan forgiveness program under the Higher Education Act of 1965, and for other purposes. ``(ii) The result described in this clause shall be 10 percent of the result obtained by calculating, on at least an annual basis, the amount by which-- ``(I) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds ``(II) 250 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). ``(II) This clause shall apply at each of the following times: ``(aa) The borrower no longer has a partial financial hardship, as defined by the applicable income contingent repayment plan. ``(bb) The borrower begins making payments of not less than the monthly amount calculated under 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection.''. ( ``(B) Employment periods.--The employment periods listed in this subparagraph are as follows: ``(i) First 12-month employment period.-- After the conclusion of the first 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Second 12-month employment period.-- After the conclusion of the second 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(iv) Fourth 12-month employment period.-- After the conclusion of the fourth 12-month employment period described in paragraph (1), the Secretary shall cancel 10 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(vii) Seventh 12-month employment period.--After the conclusion of the seventh 12-month employment period described in paragraph (1), the Secretary shall cancel 20 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(x) Tenth 12-month employment period.-- After the conclusion of the tenth 12-month employment period described in paragraph (1), the Secretary shall cancel the remaining obligation to repay the balance of principal and interest due as of the time of such cancellation.''. b) Early Effective Date Permitted.--The Secretary of Education may implement the amendments made by this Act before (but not later than) the date that is 2 years after the date of enactment of this Act.

To update the income-driven repayment plans and the public service loan forgiveness program under the Higher Education Act of 1965, and for other purposes. This Act may be cited as the ``Student Loan Borrower Relief Act''. ``(ii) The result described in this clause shall be 10 percent of the result obtained by calculating, on at least an annual basis, the amount by which-- ``(I) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds ``(II) 250 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). ``(bb) The borrower begins making payments of not less than the monthly amount calculated under 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection.''. ( c) Application.--The amendments made by this section shall apply to each borrower who-- (1) as of the effective date of such amendments, is repaying loans under an income-contingent repayment plan under section 455(e) of the Higher Education Act of 1965 (20 U.S.C. 1087e(e)) or an income-based repayment plan under section 493C of such Act (20 U.S.C. 1098e); or (2) on or after such effective date, selects, or is required to repay such loan pursuant to such a repayment plan. PUBLIC SERVICE LOAN FORGIVENESS. ``(B) Employment periods.--The employment periods listed in this subparagraph are as follows: ``(i) First 12-month employment period.-- After the conclusion of the first 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Second 12-month employment period.-- After the conclusion of the second 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(iv) Fourth 12-month employment period.-- After the conclusion of the fourth 12-month employment period described in paragraph (1), the Secretary shall cancel 10 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(vi) Sixth 12-month employment period.-- After the conclusion of the sixth 12-month employment period described in paragraph (1), the Secretary shall cancel 15 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(vii) Seventh 12-month employment period.--After the conclusion of the seventh 12-month employment period described in paragraph (1), the Secretary shall cancel 20 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(x) Tenth 12-month employment period.-- After the conclusion of the tenth 12-month employment period described in paragraph (1), the Secretary shall cancel the remaining obligation to repay the balance of principal and interest due as of the time of such cancellation.''. b) Early Effective Date Permitted.--The Secretary of Education may implement the amendments made by this Act before (but not later than) the date that is 2 years after the date of enactment of this Act.

To update the income-driven repayment plans and the public service loan forgiveness program under the Higher Education Act of 1965, and for other purposes. ``(ii) The result described in this clause shall be 10 percent of the result obtained by calculating, on at least an annual basis, the amount by which-- ``(I) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds ``(II) 250 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). ``(II) This clause shall apply at each of the following times: ``(aa) The borrower no longer has a partial financial hardship, as defined by the applicable income contingent repayment plan. ``(bb) The borrower begins making payments of not less than the monthly amount calculated under 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection.''. ( ``(B) Employment periods.--The employment periods listed in this subparagraph are as follows: ``(i) First 12-month employment period.-- After the conclusion of the first 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Second 12-month employment period.-- After the conclusion of the second 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(iv) Fourth 12-month employment period.-- After the conclusion of the fourth 12-month employment period described in paragraph (1), the Secretary shall cancel 10 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(vii) Seventh 12-month employment period.--After the conclusion of the seventh 12-month employment period described in paragraph (1), the Secretary shall cancel 20 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(x) Tenth 12-month employment period.-- After the conclusion of the tenth 12-month employment period described in paragraph (1), the Secretary shall cancel the remaining obligation to repay the balance of principal and interest due as of the time of such cancellation.''. b) Early Effective Date Permitted.--The Secretary of Education may implement the amendments made by this Act before (but not later than) the date that is 2 years after the date of enactment of this Act.

To update the income-driven repayment plans and the public service loan forgiveness program under the Higher Education Act of 1965, and for other purposes. ``(bb) The borrower begins making payments of not less than the monthly amount calculated under 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection.''. ( ``(B) Employment periods.--The employment periods listed in this subparagraph are as follows: ``(i) First 12-month employment period.-- After the conclusion of the first 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(iv) Fourth 12-month employment period.-- After the conclusion of the fourth 12-month employment period described in paragraph (1), the Secretary shall cancel 10 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(vii) Seventh 12-month employment period.--After the conclusion of the seventh 12-month employment period described in paragraph (1), the Secretary shall cancel 20 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(x) Tenth 12-month employment period.-- After the conclusion of the tenth 12-month employment period described in paragraph (1), the Secretary shall cancel the remaining obligation to repay the balance of principal and interest due as of the time of such cancellation.''.

To update the income-driven repayment plans and the public service loan forgiveness program under the Higher Education Act of 1965, and for other purposes. ``(B) Employment periods.--The employment periods listed in this subparagraph are as follows: ``(i) First 12-month employment period.-- After the conclusion of the first 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(vii) Seventh 12-month employment period.--After the conclusion of the seventh 12-month employment period described in paragraph (1), the Secretary shall cancel 20 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(x) Tenth 12-month employment period.-- After the conclusion of the tenth 12-month employment period described in paragraph (1), the Secretary shall cancel the remaining obligation to repay the balance of principal and interest due as of the time of such cancellation.''.

To update the income-driven repayment plans and the public service loan forgiveness program under the Higher Education Act of 1965, and for other purposes. ``(bb) The borrower begins making payments of not less than the monthly amount calculated under 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection.''. ( ``(B) Employment periods.--The employment periods listed in this subparagraph are as follows: ``(i) First 12-month employment period.-- After the conclusion of the first 12-month employment period described in paragraph (1), the Secretary shall cancel 5 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(iv) Fourth 12-month employment period.-- After the conclusion of the fourth 12-month employment period described in paragraph (1), the Secretary shall cancel 10 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(vii) Seventh 12-month employment period.--After the conclusion of the seventh 12-month employment period described in paragraph (1), the Secretary shall cancel 20 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(x) Tenth 12-month employment period.-- After the conclusion of the tenth 12-month employment period described in paragraph (1), the Secretary shall cancel the remaining obligation to repay the balance of principal and interest due as of the time of such cancellation.''.

Student Loan Borrower Relief Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to: (1) extend the repayment period for federal student loans to 15 years; and (2) provide for income-driven repayment plans and the public service loan forgiveness program. (Sec. 2) Amends the Community Services Block Grant Act to Amends title IV (Student Assistance) of the Social Security Act to: (1) extend through the end of the third 12-month employment period (currently, 12 months) the moratorium on the cancellation of student loan principal and interest payments; (2) provide for the extension of the moratorium through the fourth 12-months of employment; and (3) provide that the

S.1350

Emergency Management

National Risk Management Act of 2021 This bill requires the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency to establish a recurring process by which to identify, assess, and prioritize risks to critical infrastructure and requires the President to deliver to Congress a national critical infrastructure resilience strategy designed to address the risks identified.

To require the Secretary of Homeland Security to establish a national risk management cycle, 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 ``National Risk Management Act of 2021''.</DELETED> <DELETED>SEC. 2. NATIONAL RISK MANAGEMENT CYCLE.</DELETED> <DELETED> (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 adding at the end the following:</DELETED> <DELETED>``SEC. 2218. NATIONAL RISK MANAGEMENT CYCLE.</DELETED> <DELETED> ``(a) Definitions.--In this section:</DELETED> <DELETED> ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given the term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c(e)).</DELETED> <DELETED> ``(2) National critical functions.--The term `national critical functions' means the functions of government and the private sector so vital to the United States that their disruption, corruption, or dysfunction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof.</DELETED> <DELETED> ``(b) National Risk Management Cycle.--</DELETED> <DELETED> ``(1) Risk identification and assessment.-- </DELETED> <DELETED> ``(A) In general.--The Secretary, acting through the Director, shall establish a process by which to identify, assess, and prioritize risks to critical infrastructure, considering both cyber and physical threats, vulnerabilities, and consequences.</DELETED> <DELETED> ``(B) Consultation.--In establishing the process required under subparagraph (A), the Secretary shall consult with Sector Risk Management Agencies, critical infrastructure owners and operators, and the National Cyber Director.</DELETED> <DELETED> ``(C) Publication.--Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A).</DELETED> <DELETED> ``(D) Report.--The Secretary shall submit to the President, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report on the risks identified by the process established under subparagraph (A)--</DELETED> <DELETED> ``(i) not later than 1 year after the date of enactment of this section; and</DELETED> <DELETED> ``(ii) not later than 1 year after the date on which the Secretary submits a periodic evaluation described in section 9002(b)(2) of title XC of division H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283).</DELETED> <DELETED> ``(2) National critical infrastructure resilience strategy.--</DELETED> <DELETED> ``(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary.</DELETED> <DELETED> ``(B) Elements.--In each strategy delivered under subparagraph (A), the President shall-- </DELETED> <DELETED> ``(i) identify, assess, and prioritize areas of risk to critical infrastructure that would compromise, disrupt, or impede their ability to support the national critical functions of national security, economic security, or public health and safety;</DELETED> <DELETED> ``(ii) assess the implementation of the previous national critical infrastructure resilience strategy, as applicable;</DELETED> <DELETED> ``(iii) identify and outline current and proposed national-level actions, programs, and efforts to be taken to address the risks identified;</DELETED> <DELETED> ``(iv) identify the Federal departments or agencies responsible for leading each national-level action, program, or effort and the relevant critical infrastructure sectors for each;</DELETED> <DELETED> ``(v) outline the budget plan required to provide sufficient resources to successfully execute the full range of activities proposed or described by the strategy; and</DELETED> <DELETED> ``(vi) request any additional authorities or resources necessary to successfully execute the strategy.</DELETED> <DELETED> ``(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex.</DELETED> <DELETED> ``(3) Congressional briefing.--Not later than 1 year after the date on which the President delivers a strategy under this section, and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate committees of Congress on the national risk management cycle activities undertaken pursuant to the strategy.''.</DELETED> <DELETED> (b) Technical and Conforming Amendment.--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 2217 the following:</DELETED> <DELETED>``Sec. 2218. National risk management cycle.''. SECTION 1. SHORT TITLE. This Act may be cited as the ``National Risk Management Act of 2021''. SEC. 2. NATIONAL RISK MANAGEMENT CYCLE. (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 adding at the end the following: ``SEC. 2218. NATIONAL RISK MANAGEMENT CYCLE. ``(a) National Critical Functions Defined.--In this section, the term `national critical functions' means the functions of government and the private sector so vital to the United States that their disruption, corruption, or dysfunction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof. ``(b) National Risk Management Cycle.-- ``(1) Risk identification and assessment.-- ``(A) In general.--The Secretary, acting through the Director, shall establish a recurring process by which to identify, assess, and prioritize risks to critical infrastructure, considering both cyber and physical threats, the associated likelihoods, vulnerabilities, and consequences, and the resources necessary to address them. ``(B) Consultation.--In establishing the process required under subparagraph (A), the Secretary shall consult with, and request and collect information to support analysis from, Sector Risk Management Agencies, critical infrastructure owners and operators, the Assistant to the President for National Security Affairs, the Assistant to the President for Homeland Security, and the National Cyber Director. ``(C) Publication.--Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A), subject to any redactions the Secretary determines are necessary to protect classified or other sensitive information. ``(D) Report.--The Secretary shall submit to the President, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report on the risks identified by the process established under subparagraph (A)-- ``(i) not later than 1 year after the date of enactment of this section; and ``(ii) not later than 1 year after the date on which the Secretary submits a periodic evaluation described in section 9002(b)(2) of title XC of division H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283). ``(2) National critical infrastructure resilience strategy.-- ``(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. ``(B) Elements.--Each strategy delivered under subparagraph (A) shall-- ``(i) identify, assess, and prioritize areas of risk to critical infrastructure that would compromise or disrupt national critical functions impacting national security, economic security, or public health and safety; ``(ii) assess the implementation of the previous national critical infrastructure resilience strategy, as applicable; ``(iii) identify and outline current and proposed national-level actions, programs, and efforts to be taken to address the risks identified; ``(iv) identify the Federal departments or agencies responsible for leading each national- level action, program, or effort and the relevant critical infrastructure sectors for each; and ``(v) request any additional authorities necessary to successfully execute the strategy. ``(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. ``(3) Congressional briefing.--Not later than 1 year after the date on which the President delivers the first strategy required under paragraph (2)(A), and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate congressional committees on-- ``(A) the national risk management cycle activities undertaken pursuant to the strategy; and ``(B) the amounts and timeline for funding that the Secretary has determined would be necessary to address risks and successfully execute the full range of activities proposed by the strategy.''. (b) Technical and Conforming Amendment.--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 2217 the following: ``Sec. 2218. National risk management cycle.''. Calendar No. 652 117th CONGRESS 2d Session S. 1350 [Report No. 117-261] _______________________________________________________________________

National Risk Management Act of 2021

A bill to require the Secretary of Homeland Security to establish a national risk management cycle, and for other purposes.

National Risk Management Act of 2021 National Risk Management Act of 2021

Sen. Hassan, Margaret Wood

D

NH

This bill requires the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency to establish a recurring process by which to identify, assess, and prioritize risks to critical infrastructure and requires the President to deliver to Congress a national critical infrastructure resilience strategy designed to address the risks identified.

651 et seq. ), is amended by adding at the end the following:</DELETED> <DELETED>``SEC. SECTION 1. SHORT TITLE. This Act may be cited as the ``National Risk Management Act of 2021''. (a) In General.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. ``(a) National Critical Functions Defined.--In this section, the term `national critical functions' means the functions of government and the private sector so vital to the United States that their disruption, corruption, or dysfunction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof. ``(b) National Risk Management Cycle.-- ``(1) Risk identification and assessment.-- ``(A) In general.--The Secretary, acting through the Director, shall establish a recurring process by which to identify, assess, and prioritize risks to critical infrastructure, considering both cyber and physical threats, the associated likelihoods, vulnerabilities, and consequences, and the resources necessary to address them. ``(C) Publication.--Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A), subject to any redactions the Secretary determines are necessary to protect classified or other sensitive information. ``(2) National critical infrastructure resilience strategy.-- ``(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. ``(B) Elements.--Each strategy delivered under subparagraph (A) shall-- ``(i) identify, assess, and prioritize areas of risk to critical infrastructure that would compromise or disrupt national critical functions impacting national security, economic security, or public health and safety; ``(ii) assess the implementation of the previous national critical infrastructure resilience strategy, as applicable; ``(iii) identify and outline current and proposed national-level actions, programs, and efforts to be taken to address the risks identified; ``(iv) identify the Federal departments or agencies responsible for leading each national- level action, program, or effort and the relevant critical infrastructure sectors for each; and ``(v) request any additional authorities necessary to successfully execute the strategy. ``(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. (b) Technical and Conforming Amendment.--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 2217 the following: ``Sec. 2218. National risk management cycle.''. Calendar No. 652 117th CONGRESS 2d Session S. 1350 [Report No. 117-261] _______________________________________________________________________

651 et seq. ), is amended by adding at the end the following:</DELETED> <DELETED>``SEC. SECTION 1. SHORT TITLE. This Act may be cited as the ``National Risk Management Act of 2021''. ``(a) National Critical Functions Defined.--In this section, the term `national critical functions' means the functions of government and the private sector so vital to the United States that their disruption, corruption, or dysfunction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof. ``(2) National critical infrastructure resilience strategy.-- ``(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. ``(B) Elements.--Each strategy delivered under subparagraph (A) shall-- ``(i) identify, assess, and prioritize areas of risk to critical infrastructure that would compromise or disrupt national critical functions impacting national security, economic security, or public health and safety; ``(ii) assess the implementation of the previous national critical infrastructure resilience strategy, as applicable; ``(iii) identify and outline current and proposed national-level actions, programs, and efforts to be taken to address the risks identified; ``(iv) identify the Federal departments or agencies responsible for leading each national- level action, program, or effort and the relevant critical infrastructure sectors for each; and ``(v) request any additional authorities necessary to successfully execute the strategy. ``(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2218. National risk management cycle.''.

651 et seq. ), is amended by adding at the end the following:</DELETED> <DELETED>``SEC. SECTION 1. SHORT TITLE. This Act may be cited as the ``National Risk Management Act of 2021''. (a) In General.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. ``(a) National Critical Functions Defined.--In this section, the term `national critical functions' means the functions of government and the private sector so vital to the United States that their disruption, corruption, or dysfunction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof. ``(b) National Risk Management Cycle.-- ``(1) Risk identification and assessment.-- ``(A) In general.--The Secretary, acting through the Director, shall establish a recurring process by which to identify, assess, and prioritize risks to critical infrastructure, considering both cyber and physical threats, the associated likelihoods, vulnerabilities, and consequences, and the resources necessary to address them. ``(B) Consultation.--In establishing the process required under subparagraph (A), the Secretary shall consult with, and request and collect information to support analysis from, Sector Risk Management Agencies, critical infrastructure owners and operators, the Assistant to the President for National Security Affairs, the Assistant to the President for Homeland Security, and the National Cyber Director. ``(C) Publication.--Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A), subject to any redactions the Secretary determines are necessary to protect classified or other sensitive information. ``(D) Report.--The Secretary shall submit to the President, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report on the risks identified by the process established under subparagraph (A)-- ``(i) not later than 1 year after the date of enactment of this section; and ``(ii) not later than 1 year after the date on which the Secretary submits a periodic evaluation described in section 9002(b)(2) of title XC of division H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283). ``(2) National critical infrastructure resilience strategy.-- ``(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. ``(B) Elements.--Each strategy delivered under subparagraph (A) shall-- ``(i) identify, assess, and prioritize areas of risk to critical infrastructure that would compromise or disrupt national critical functions impacting national security, economic security, or public health and safety; ``(ii) assess the implementation of the previous national critical infrastructure resilience strategy, as applicable; ``(iii) identify and outline current and proposed national-level actions, programs, and efforts to be taken to address the risks identified; ``(iv) identify the Federal departments or agencies responsible for leading each national- level action, program, or effort and the relevant critical infrastructure sectors for each; and ``(v) request any additional authorities necessary to successfully execute the strategy. ``(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. ``(3) Congressional briefing.--Not later than 1 year after the date on which the President delivers the first strategy required under paragraph (2)(A), and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate congressional committees on-- ``(A) the national risk management cycle activities undertaken pursuant to the strategy; and ``(B) the amounts and timeline for funding that the Secretary has determined would be necessary to address risks and successfully execute the full range of activities proposed by the strategy.''. (b) Technical and Conforming Amendment.--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 2217 the following: ``Sec. 2218. National risk management cycle.''. Calendar No. 652 117th CONGRESS 2d Session S. 1350 [Report No. 117-261] _______________________________________________________________________

To require the Secretary of Homeland Security to establish a national risk management cycle, 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. 651 et seq. ), is amended by adding at the end the following:</DELETED> <DELETED>``SEC. NATIONAL RISK MANAGEMENT CYCLE.</DELETED> <DELETED> ``(a) Definitions.--In this section:</DELETED> <DELETED> ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given the term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. SECTION 1. SHORT TITLE. This Act may be cited as the ``National Risk Management Act of 2021''. (a) In General.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. ``(a) National Critical Functions Defined.--In this section, the term `national critical functions' means the functions of government and the private sector so vital to the United States that their disruption, corruption, or dysfunction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof. ``(b) National Risk Management Cycle.-- ``(1) Risk identification and assessment.-- ``(A) In general.--The Secretary, acting through the Director, shall establish a recurring process by which to identify, assess, and prioritize risks to critical infrastructure, considering both cyber and physical threats, the associated likelihoods, vulnerabilities, and consequences, and the resources necessary to address them. ``(B) Consultation.--In establishing the process required under subparagraph (A), the Secretary shall consult with, and request and collect information to support analysis from, Sector Risk Management Agencies, critical infrastructure owners and operators, the Assistant to the President for National Security Affairs, the Assistant to the President for Homeland Security, and the National Cyber Director. ``(C) Publication.--Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A), subject to any redactions the Secretary determines are necessary to protect classified or other sensitive information. ``(D) Report.--The Secretary shall submit to the President, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report on the risks identified by the process established under subparagraph (A)-- ``(i) not later than 1 year after the date of enactment of this section; and ``(ii) not later than 1 year after the date on which the Secretary submits a periodic evaluation described in section 9002(b)(2) of title XC of division H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283). ``(2) National critical infrastructure resilience strategy.-- ``(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. ``(B) Elements.--Each strategy delivered under subparagraph (A) shall-- ``(i) identify, assess, and prioritize areas of risk to critical infrastructure that would compromise or disrupt national critical functions impacting national security, economic security, or public health and safety; ``(ii) assess the implementation of the previous national critical infrastructure resilience strategy, as applicable; ``(iii) identify and outline current and proposed national-level actions, programs, and efforts to be taken to address the risks identified; ``(iv) identify the Federal departments or agencies responsible for leading each national- level action, program, or effort and the relevant critical infrastructure sectors for each; and ``(v) request any additional authorities necessary to successfully execute the strategy. ``(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. ``(3) Congressional briefing.--Not later than 1 year after the date on which the President delivers the first strategy required under paragraph (2)(A), and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate congressional committees on-- ``(A) the national risk management cycle activities undertaken pursuant to the strategy; and ``(B) the amounts and timeline for funding that the Secretary has determined would be necessary to address risks and successfully execute the full range of activities proposed by the strategy.''. (b) Technical and Conforming Amendment.--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 2217 the following: ``Sec. 2218. National risk management cycle.''. Calendar No. 652 117th CONGRESS 2d Session S. 1350 [Report No. 117-261] _______________________________________________________________________

To require the Secretary of Homeland Security to establish a national risk management cycle, and for other purposes. NATIONAL RISK MANAGEMENT CYCLE.</DELETED> <DELETED> ``(a) Definitions.--In this section:</DELETED> <DELETED> ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given the term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. ''.</DELETED> <DELETED> (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. ``(a) National Critical Functions Defined.--In this section, the term `national critical functions' means the functions of government and the private sector so vital to the United States that their disruption, corruption, or dysfunction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof. ``(B) Consultation.--In establishing the process required under subparagraph (A), the Secretary shall consult with, and request and collect information to support analysis from, Sector Risk Management Agencies, critical infrastructure owners and operators, the Assistant to the President for National Security Affairs, the Assistant to the President for Homeland Security, and the National Cyber Director. ``(C) Publication.--Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A), subject to any redactions the Secretary determines are necessary to protect classified or other sensitive information. ``(2) National critical infrastructure resilience strategy.-- ``(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. ``(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. ``(3) Congressional briefing.--Not later than 1 year after the date on which the President delivers the first strategy required under paragraph (2)(A), and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate congressional committees on-- ``(A) the national risk management cycle activities undertaken pursuant to the strategy; and ``(B) the amounts and timeline for funding that the Secretary has determined would be necessary to address risks and successfully execute the full range of activities proposed by the strategy.''. ( b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat.

To require the Secretary of Homeland Security to establish a national risk management cycle, and for other purposes. NATIONAL RISK MANAGEMENT CYCLE.</DELETED> <DELETED> ``(a) Definitions.--In this section:</DELETED> <DELETED> ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given the term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. ''.</DELETED> <DELETED> (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. NATIONAL RISK MANAGEMENT CYCLE. ``(C) Publication.--Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A), subject to any redactions the Secretary determines are necessary to protect classified or other sensitive information. ``(2) National critical infrastructure resilience strategy.-- ``(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. ``(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. ``(3) Congressional briefing.--Not later than 1 year after the date on which the President delivers the first strategy required under paragraph (2)(A), and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate congressional committees on-- ``(A) the national risk management cycle activities undertaken pursuant to the strategy; and ``(B) the amounts and timeline for funding that the Secretary has determined would be necessary to address risks and successfully execute the full range of activities proposed by the strategy.''. ( b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat.

To require the Secretary of Homeland Security to establish a national risk management cycle, and for other purposes. NATIONAL RISK MANAGEMENT CYCLE.</DELETED> <DELETED> ``(a) Definitions.--In this section:</DELETED> <DELETED> ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given the term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. ''.</DELETED> <DELETED> (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. NATIONAL RISK MANAGEMENT CYCLE. ``(C) Publication.--Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A), subject to any redactions the Secretary determines are necessary to protect classified or other sensitive information. ``(2) National critical infrastructure resilience strategy.-- ``(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. ``(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. ``(3) Congressional briefing.--Not later than 1 year after the date on which the President delivers the first strategy required under paragraph (2)(A), and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate congressional committees on-- ``(A) the national risk management cycle activities undertaken pursuant to the strategy; and ``(B) the amounts and timeline for funding that the Secretary has determined would be necessary to address risks and successfully execute the full range of activities proposed by the strategy.''. ( b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat.

To require the Secretary of Homeland Security to establish a national risk management cycle, and for other purposes. NATIONAL RISK MANAGEMENT CYCLE.</DELETED> <DELETED> ``(a) Definitions.--In this section:</DELETED> <DELETED> ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given the term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. ''.</DELETED> <DELETED> (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. ``(a) National Critical Functions Defined.--In this section, the term `national critical functions' means the functions of government and the private sector so vital to the United States that their disruption, corruption, or dysfunction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof. ``(B) Consultation.--In establishing the process required under subparagraph (A), the Secretary shall consult with, and request and collect information to support analysis from, Sector Risk Management Agencies, critical infrastructure owners and operators, the Assistant to the President for National Security Affairs, the Assistant to the President for Homeland Security, and the National Cyber Director. ``(C) Publication.--Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A), subject to any redactions the Secretary determines are necessary to protect classified or other sensitive information. ``(2) National critical infrastructure resilience strategy.-- ``(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. ``(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. ``(3) Congressional briefing.--Not later than 1 year after the date on which the President delivers the first strategy required under paragraph (2)(A), and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate congressional committees on-- ``(A) the national risk management cycle activities undertaken pursuant to the strategy; and ``(B) the amounts and timeline for funding that the Secretary has determined would be necessary to address risks and successfully execute the full range of activities proposed by the strategy.''. ( b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat.

To require the Secretary of Homeland Security to establish a national risk management cycle, and for other purposes. NATIONAL RISK MANAGEMENT CYCLE.</DELETED> <DELETED> ``(a) Definitions.--In this section:</DELETED> <DELETED> ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given the term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. ''.</DELETED> <DELETED> (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. NATIONAL RISK MANAGEMENT CYCLE. ``(C) Publication.--Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A), subject to any redactions the Secretary determines are necessary to protect classified or other sensitive information. ``(2) National critical infrastructure resilience strategy.-- ``(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. ``(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. ``(3) Congressional briefing.--Not later than 1 year after the date on which the President delivers the first strategy required under paragraph (2)(A), and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate congressional committees on-- ``(A) the national risk management cycle activities undertaken pursuant to the strategy; and ``(B) the amounts and timeline for funding that the Secretary has determined would be necessary to address risks and successfully execute the full range of activities proposed by the strategy.''. ( b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat.

To require the Secretary of Homeland Security to establish a national risk management cycle, and for other purposes. NATIONAL RISK MANAGEMENT CYCLE.</DELETED> <DELETED> ``(a) Definitions.--In this section:</DELETED> <DELETED> ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given the term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. ''.</DELETED> <DELETED> (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. ``(a) National Critical Functions Defined.--In this section, the term `national critical functions' means the functions of government and the private sector so vital to the United States that their disruption, corruption, or dysfunction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof. ``(B) Consultation.--In establishing the process required under subparagraph (A), the Secretary shall consult with, and request and collect information to support analysis from, Sector Risk Management Agencies, critical infrastructure owners and operators, the Assistant to the President for National Security Affairs, the Assistant to the President for Homeland Security, and the National Cyber Director. ``(C) Publication.--Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A), subject to any redactions the Secretary determines are necessary to protect classified or other sensitive information. ``(2) National critical infrastructure resilience strategy.-- ``(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. ``(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. ``(3) Congressional briefing.--Not later than 1 year after the date on which the President delivers the first strategy required under paragraph (2)(A), and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate congressional committees on-- ``(A) the national risk management cycle activities undertaken pursuant to the strategy; and ``(B) the amounts and timeline for funding that the Secretary has determined would be necessary to address risks and successfully execute the full range of activities proposed by the strategy.''. ( b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat.

To require the Secretary of Homeland Security to establish a national risk management cycle, and for other purposes. NATIONAL RISK MANAGEMENT CYCLE.</DELETED> <DELETED> ``(a) Definitions.--In this section:</DELETED> <DELETED> ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given the term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. ''.</DELETED> <DELETED> (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. NATIONAL RISK MANAGEMENT CYCLE. ``(C) Publication.--Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A), subject to any redactions the Secretary determines are necessary to protect classified or other sensitive information. ``(2) National critical infrastructure resilience strategy.-- ``(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. ``(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. ``(3) Congressional briefing.--Not later than 1 year after the date on which the President delivers the first strategy required under paragraph (2)(A), and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate congressional committees on-- ``(A) the national risk management cycle activities undertaken pursuant to the strategy; and ``(B) the amounts and timeline for funding that the Secretary has determined would be necessary to address risks and successfully execute the full range of activities proposed by the strategy.''. ( b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat.

To require the Secretary of Homeland Security to establish a national risk management cycle, and for other purposes. NATIONAL RISK MANAGEMENT CYCLE.</DELETED> <DELETED> ``(a) Definitions.--In this section:</DELETED> <DELETED> ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given the term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. ''.</DELETED> <DELETED> (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. ``(a) National Critical Functions Defined.--In this section, the term `national critical functions' means the functions of government and the private sector so vital to the United States that their disruption, corruption, or dysfunction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof. ``(B) Consultation.--In establishing the process required under subparagraph (A), the Secretary shall consult with, and request and collect information to support analysis from, Sector Risk Management Agencies, critical infrastructure owners and operators, the Assistant to the President for National Security Affairs, the Assistant to the President for Homeland Security, and the National Cyber Director. ``(C) Publication.--Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A), subject to any redactions the Secretary determines are necessary to protect classified or other sensitive information. ``(2) National critical infrastructure resilience strategy.-- ``(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. ``(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. ``(3) Congressional briefing.--Not later than 1 year after the date on which the President delivers the first strategy required under paragraph (2)(A), and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate congressional committees on-- ``(A) the national risk management cycle activities undertaken pursuant to the strategy; and ``(B) the amounts and timeline for funding that the Secretary has determined would be necessary to address risks and successfully execute the full range of activities proposed by the strategy.''. ( b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat.

To require the Secretary of Homeland Security to establish a national risk management cycle, and for other purposes. NATIONAL RISK MANAGEMENT CYCLE.</DELETED> <DELETED> ``(a) Definitions.--In this section:</DELETED> <DELETED> ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given the term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. ''.</DELETED> <DELETED> (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. NATIONAL RISK MANAGEMENT CYCLE. ``(C) Publication.--Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A), subject to any redactions the Secretary determines are necessary to protect classified or other sensitive information. ``(2) National critical infrastructure resilience strategy.-- ``(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. ``(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. ``(3) Congressional briefing.--Not later than 1 year after the date on which the President delivers the first strategy required under paragraph (2)(A), and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate congressional committees on-- ``(A) the national risk management cycle activities undertaken pursuant to the strategy; and ``(B) the amounts and timeline for funding that the Secretary has determined would be necessary to address risks and successfully execute the full range of activities proposed by the strategy.''. ( b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat.

To require the Secretary of Homeland Security to establish a national risk management cycle, and for other purposes. ``(B) Consultation.--In establishing the process required under subparagraph (A), the Secretary shall consult with, and request and collect information to support analysis from, Sector Risk Management Agencies, critical infrastructure owners and operators, the Assistant to the President for National Security Affairs, the Assistant to the President for Homeland Security, and the National Cyber Director. ``(2) National critical infrastructure resilience strategy.-- ``(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat.

National Risk Management Act of 2021 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS) to establish a process by which to identify, assess, and prioritize risks to critical infrastructure, considering both cyber and physical threats, vulnerabilities, and consequences. Requires the Secretary to: (1) consult with sector risk management agencies, critical infrastructure owners and operators, Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS) to: (1) establish procedures for the process to identify, assess, and prioritize areas of risk to critical infrastructure that would compromise or disrupt national critical functions impacting national security, economic security, or public health and safety; (2) assess the implementation of the previous national critical infrastructure resilience strategy

S.230

Health

Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act or the PREPARE LTC Act This bill provides statutory authority for certain infection control and emergency preparedness requirements for Medicare skilled nursing facilities and Medicaid nursing facilities, and expands certain requirements to apply to other infectious disease outbreaks beyond COVID-19 (i.e., coronavirus disease 2019). Specifically, the bill provides statutory authority for regulations that require, and set standards for, infection control programs and emergency preparedness programs in such facilities. The bill requires facilities to report information concerning any infectious disease outbreak that results in a state or national emergency in accordance with the standards for COVID-19 reporting. It also prohibits the Centers for Medicare & Medicaid Services from reducing the frequency of compliance surveys or waiving direct care staffing reports during such outbreaks. Additionally, the Government Accountability Office must report on deficiencies relating to COVID-19 infection control and direct care staffing requirements for skilled nursing facilities.

To amend titles XVIII and XIX of the Social Security Act to codify certain infection control and emergency preparedness regulations, to prohibit a reduction in the frequency of surveys of skilled nursing facilities and nursing facilities, and to prohibit the waiver of certain reporting requirements, and for other purposes. Be it enacted by the Senate 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 Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act'' or the ``PREPARE LTC Act''. SEC. 2. CODIFYING INFECTION CONTROL AND EMERGENCY PREPAREDNESS REGULATIONS FOR SKILLED NURSING FACILITIES AND NURSING FACILITIES AS A REQUIREMENT FOR PARTICIPATION UNDER THE MEDICARE AND MEDICAID PROGRAMS. (a) Infection Control Regulations.-- (1) Medicare.--Section 1819(d)(3) of the Social Security Act (42 U.S.C. 1395i-3(d)(3)) is amended-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; (B) by striking ``environment.-- A skilled nursing facility must--'' and inserting ``environment.-- ``(A) In general.--A skilled nursing facility must--''; and (C) by adding at the end the following new subparagraph: ``(B) Application statement.--For purposes of carrying out this paragraph, the Secretary shall apply by reference the provisions of section 483.80 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act), except in applying subsection (g) of such regulation-- ``(i) any reference to COVID-19 shall be treated as a reference to an infectious disease outbreak, as defined in subparagraph (C); and ``(ii) any reference to ventilator capacity shall be treated as a reference to medical equipment and supplies critical to the infectious disease outbreak, including ventilator capacity. ``(C) Infectious disease outbreak defined.--For purposes of subparagraph (B), the term `infectious disease outbreak' means any of the following periods: ``(i) COVID-19 emergency period.--The emergency period described in section 1135(g)(1)(B). ``(ii) Other infectious disease outbreak periods.-- ``(I) The period beginning on the date a nationwide emergency related to a public health emergency is declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act and ending on the date that is 6 months after the date on which the declaration pursuant to the Stafford Act, a Major Disaster Declaration, or the National Emergencies Act, as applicable, ends, whichever is the latest. ``(II) The period during which there exists a public health emergency related to an infectious disease outbreak declared by the Secretary pursuant to section 319 of the Public Health Service Act. ``(III) With respect to a skilled nursing facility in a State with respect to which the Governor has declared an emergency or major disaster (as defined by the State) with respect to an infectious disease outbreak, the period for which such declaration is in effect with respect to such State.''. (2) Medicaid.--Section 1919(d)(3) of the Social Security Act (42 U.S.C. 1396r(d)(3)) is amended-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; (B) by striking ``environment.-- A nursing facility must--'' and inserting ``environment.-- ``(A) In general.--A nursing facility must--''; and (C) by adding at the end the following new subparagraph: ``(B) Application statement.--For purposes of carrying out this paragraph, the Secretary shall apply by reference the provisions of section 483.80 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act), except in applying subsection (g) of such regulation-- ``(i) any reference to COVID-19 shall be treated as a reference to an infectious disease outbreak, as defined in subparagraph (C); and ``(ii) any reference to ventilator capacity shall be treated as a reference to medical equipment and supplies critical to the infectious disease outbreak, including ventilator capacity. ``(C) Infectious disease outbreak defined.--The term `infectious disease outbreak' has the meaning given such term in section 1819(d)(3)(C).''. (b) Emergency Preparedness Regulations.-- (1) Medicare.--Section 1819(d) of such Act (42 U.S.C. 1395i-3(d)) is amended by adding at the end the following new paragraph: ``(5) Emergency preparedness.--A skilled nursing facility shall meet the requirements applicable to skilled nursing facilities under the provisions of section 483.73 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act).''. (2) Medicaid.--Section 1919(d) of such Act (42 U.S.C. 1396r(d)) is amended by adding at the end the following new paragraph: ``(5) Emergency preparedness.--A nursing facility shall meet the requirements applicable to nursing facilities under the provisions of section 483.73 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act).''. (c) Requirement To Issue Guidance.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance to carry out the amendments made by this section. (d) Public Availability of Data on Deficiencies in Infection Control and Direct Care Staffing in Skilled Nursing Facilities.--Not later than 2 weeks after the beginning of a period of an infectious disease outbreak (as defined in subparagraph (C) of subsection (d)(3) of section 1819 of the Social Security Act (42 U.S.C. 1395i-3), as added by subsection (a)(1)), (or, in the case of the COVID-19 emergency period described in section 1135(g)(1)(B) of such Act (42 U.S.C. 1320b- 5(g)(1)(B)), not later than 60 days after the date of the enactment of this Act), the Administrator of the Centers for Medicare & Medicaid Services shall make publicly available on the internet website of the Centers for Medicare & Medicaid Services data on deficiencies identified during the survey process described under subsection (g) of such section 1819, with respect to infection control and direct care staffing in a skilled nursing facility (as defined in subsection (a) of such section 1819). Such data so posted, with respect to an infectious disease outbreak (as so defined), shall be updated every two weeks until the end of the period of such outbreak. SEC. 3. PROHIBITION ON REDUCING FREQUENCY OF STANDARD SURVEYS. (a) Medicare.--Section 1819(g)(2)(A)(iii) of such Act (42 U.S.C. 1395i-3(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(III) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in subsection (d)(3)(C)).''. (b) Medicaid.--Section 1919(g)(2)(A)(iii) of such Act (42 U.S.C. 1396r(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(I) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in section 1819(d)(3)(C)).''. SEC. 4. PROHIBITION ON WAIVING SUBMISSIONS OF DIRECT CARE STAFFING INFORMATION. Section 1128I(g) of the Social Security Act (42 U.S.C. 1320a-7j(g)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period and inserting ``; and''; (3) by inserting after paragraph (4) the following new paragraph: ``(5) shall be submitted not less frequently than quarterly, on a schedule specified by the Secretary.''; and (4) by adding at the end the following new sentence: ``The Secretary shall not waive the requirements of this subsection in the case of an infectious disease outbreak (as defined in section 1819(d)(3)(C)).''. SEC. 5. GAO STUDY AND REPORT. Not later than one year after the end of the COVID-19 emergency period (as described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B))), the Comptroller General of the United States shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report analyzing deficiencies during such period in infection control measures and direct care staffing requirements for skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), as reported by the Administrator under section 2(d). SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to skilled nursing facilities and nursing facilities beginning on the date of the enactment of this Act. <all>

PREPARE LTC Act

A bill to amend titles XVIII and XIX of the Social Security Act to codify certain infection control and emergency preparedness regulations, to prohibit a reduction in the frequency of surveys of skilled nursing facilities and nursing facilities, and to prohibit the waiver of certain reporting requirements, and for other purposes.

PREPARE LTC Act Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act

Sen. Menendez, Robert

D

NJ

This bill provides statutory authority for certain infection control and emergency preparedness requirements for Medicare skilled nursing facilities and Medicaid nursing facilities, and expands certain requirements to apply to other infectious disease outbreaks beyond COVID-19 (i.e., coronavirus disease 2019). Specifically, the bill provides statutory authority for regulations that require, and set standards for, infection control programs and emergency preparedness programs in such facilities. The bill requires facilities to report information concerning any infectious disease outbreak that results in a state or national emergency in accordance with the standards for COVID-19 reporting. It also prohibits the Centers for Medicare & Medicaid Services from reducing the frequency of compliance surveys or waiving direct care staffing reports during such outbreaks. Additionally, the Government Accountability Office must report on deficiencies relating to COVID-19 infection control and direct care staffing requirements for skilled nursing facilities.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Infection Control Regulations.-- (1) Medicare.--Section 1819(d)(3) of the Social Security Act (42 U.S.C. 1395i-3(d)(3)) is amended-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; (B) by striking ``environment.-- A skilled nursing facility must--'' and inserting ``environment.-- ``(A) In general.--A skilled nursing facility must--''; and (C) by adding at the end the following new subparagraph: ``(B) Application statement.--For purposes of carrying out this paragraph, the Secretary shall apply by reference the provisions of section 483.80 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act), except in applying subsection (g) of such regulation-- ``(i) any reference to COVID-19 shall be treated as a reference to an infectious disease outbreak, as defined in subparagraph (C); and ``(ii) any reference to ventilator capacity shall be treated as a reference to medical equipment and supplies critical to the infectious disease outbreak, including ventilator capacity. ``(C) Infectious disease outbreak defined.--For purposes of subparagraph (B), the term `infectious disease outbreak' means any of the following periods: ``(i) COVID-19 emergency period.--The emergency period described in section 1135(g)(1)(B). ``(II) The period during which there exists a public health emergency related to an infectious disease outbreak declared by the Secretary pursuant to section 319 of the Public Health Service Act. (2) Medicaid.--Section 1919(d) of such Act (42 U.S.C. 1396r(d)) is amended by adding at the end the following new paragraph: ``(5) Emergency preparedness.--A nursing facility shall meet the requirements applicable to nursing facilities under the provisions of section 483.73 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act).''. (c) Requirement To Issue Guidance.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance to carry out the amendments made by this section. 3. PROHIBITION ON REDUCING FREQUENCY OF STANDARD SURVEYS. 4. PROHIBITION ON WAIVING SUBMISSIONS OF DIRECT CARE STAFFING INFORMATION. 5. GAO STUDY AND REPORT. SEC. 6. The amendments made by this Act shall apply with respect to skilled nursing facilities and nursing facilities beginning on the date of the enactment of this Act.

(a) Infection Control Regulations.-- (1) Medicare.--Section 1819(d)(3) of the Social Security Act (42 U.S.C. ``(C) Infectious disease outbreak defined.--For purposes of subparagraph (B), the term `infectious disease outbreak' means any of the following periods: ``(i) COVID-19 emergency period.--The emergency period described in section 1135(g)(1)(B). ``(II) The period during which there exists a public health emergency related to an infectious disease outbreak declared by the Secretary pursuant to section 319 of the Public Health Service Act. (2) Medicaid.--Section 1919(d) of such Act (42 U.S.C. 1396r(d)) is amended by adding at the end the following new paragraph: ``(5) Emergency preparedness.--A nursing facility shall meet the requirements applicable to nursing facilities under the provisions of section 483.73 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act).''. 3. PROHIBITION ON REDUCING FREQUENCY OF STANDARD SURVEYS. 4. PROHIBITION ON WAIVING SUBMISSIONS OF DIRECT CARE STAFFING INFORMATION. 5. SEC. 6. The amendments made by this Act shall apply with respect to skilled nursing facilities and nursing facilities beginning on the date of the enactment of this Act.

To amend titles XVIII and XIX of the Social Security Act to codify certain infection control and emergency preparedness regulations, to prohibit a reduction in the frequency of surveys of skilled nursing facilities and nursing facilities, and to prohibit the waiver of certain reporting requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. (a) Infection Control Regulations.-- (1) Medicare.--Section 1819(d)(3) of the Social Security Act (42 U.S.C. 1395i-3(d)(3)) is amended-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; (B) by striking ``environment.-- A skilled nursing facility must--'' and inserting ``environment.-- ``(A) In general.--A skilled nursing facility must--''; and (C) by adding at the end the following new subparagraph: ``(B) Application statement.--For purposes of carrying out this paragraph, the Secretary shall apply by reference the provisions of section 483.80 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act), except in applying subsection (g) of such regulation-- ``(i) any reference to COVID-19 shall be treated as a reference to an infectious disease outbreak, as defined in subparagraph (C); and ``(ii) any reference to ventilator capacity shall be treated as a reference to medical equipment and supplies critical to the infectious disease outbreak, including ventilator capacity. ``(C) Infectious disease outbreak defined.--For purposes of subparagraph (B), the term `infectious disease outbreak' means any of the following periods: ``(i) COVID-19 emergency period.--The emergency period described in section 1135(g)(1)(B). ``(ii) Other infectious disease outbreak periods.-- ``(I) The period beginning on the date a nationwide emergency related to a public health emergency is declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act and ending on the date that is 6 months after the date on which the declaration pursuant to the Stafford Act, a Major Disaster Declaration, or the National Emergencies Act, as applicable, ends, whichever is the latest. ``(II) The period during which there exists a public health emergency related to an infectious disease outbreak declared by the Secretary pursuant to section 319 of the Public Health Service Act. (2) Medicaid.--Section 1919(d) of such Act (42 U.S.C. 1396r(d)) is amended by adding at the end the following new paragraph: ``(5) Emergency preparedness.--A nursing facility shall meet the requirements applicable to nursing facilities under the provisions of section 483.73 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act).''. (c) Requirement To Issue Guidance.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance to carry out the amendments made by this section. Such data so posted, with respect to an infectious disease outbreak (as so defined), shall be updated every two weeks until the end of the period of such outbreak. 3. PROHIBITION ON REDUCING FREQUENCY OF STANDARD SURVEYS. 1395i-3(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(III) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in subsection (d)(3)(C)).''. 4. PROHIBITION ON WAIVING SUBMISSIONS OF DIRECT CARE STAFFING INFORMATION. 5. GAO STUDY AND REPORT. 1320b-5(g)(1)(B))), the Comptroller General of the United States shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report analyzing deficiencies during such period in infection control measures and direct care staffing requirements for skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), as reported by the Administrator under section 2(d). SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to skilled nursing facilities and nursing facilities beginning on the date of the enactment of this Act.

To amend titles XVIII and XIX of the Social Security Act to codify certain infection control and emergency preparedness regulations, to prohibit a reduction in the frequency of surveys of skilled nursing facilities and nursing facilities, and to prohibit the waiver of certain reporting requirements, and for other purposes. Be it enacted by the Senate 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 Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act'' or the ``PREPARE LTC Act''. CODIFYING INFECTION CONTROL AND EMERGENCY PREPAREDNESS REGULATIONS FOR SKILLED NURSING FACILITIES AND NURSING FACILITIES AS A REQUIREMENT FOR PARTICIPATION UNDER THE MEDICARE AND MEDICAID PROGRAMS. (a) Infection Control Regulations.-- (1) Medicare.--Section 1819(d)(3) of the Social Security Act (42 U.S.C. 1395i-3(d)(3)) is amended-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; (B) by striking ``environment.-- A skilled nursing facility must--'' and inserting ``environment.-- ``(A) In general.--A skilled nursing facility must--''; and (C) by adding at the end the following new subparagraph: ``(B) Application statement.--For purposes of carrying out this paragraph, the Secretary shall apply by reference the provisions of section 483.80 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act), except in applying subsection (g) of such regulation-- ``(i) any reference to COVID-19 shall be treated as a reference to an infectious disease outbreak, as defined in subparagraph (C); and ``(ii) any reference to ventilator capacity shall be treated as a reference to medical equipment and supplies critical to the infectious disease outbreak, including ventilator capacity. ``(C) Infectious disease outbreak defined.--For purposes of subparagraph (B), the term `infectious disease outbreak' means any of the following periods: ``(i) COVID-19 emergency period.--The emergency period described in section 1135(g)(1)(B). ``(ii) Other infectious disease outbreak periods.-- ``(I) The period beginning on the date a nationwide emergency related to a public health emergency is declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act and ending on the date that is 6 months after the date on which the declaration pursuant to the Stafford Act, a Major Disaster Declaration, or the National Emergencies Act, as applicable, ends, whichever is the latest. ``(II) The period during which there exists a public health emergency related to an infectious disease outbreak declared by the Secretary pursuant to section 319 of the Public Health Service Act. ``(C) Infectious disease outbreak defined.--The term `infectious disease outbreak' has the meaning given such term in section 1819(d)(3)(C).''. (2) Medicaid.--Section 1919(d) of such Act (42 U.S.C. 1396r(d)) is amended by adding at the end the following new paragraph: ``(5) Emergency preparedness.--A nursing facility shall meet the requirements applicable to nursing facilities under the provisions of section 483.73 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act).''. (c) Requirement To Issue Guidance.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance to carry out the amendments made by this section. 1320b- 5(g)(1)(B)), not later than 60 days after the date of the enactment of this Act), the Administrator of the Centers for Medicare & Medicaid Services shall make publicly available on the internet website of the Centers for Medicare & Medicaid Services data on deficiencies identified during the survey process described under subsection (g) of such section 1819, with respect to infection control and direct care staffing in a skilled nursing facility (as defined in subsection (a) of such section 1819). Such data so posted, with respect to an infectious disease outbreak (as so defined), shall be updated every two weeks until the end of the period of such outbreak. 3. PROHIBITION ON REDUCING FREQUENCY OF STANDARD SURVEYS. 1395i-3(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(III) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in subsection (d)(3)(C)).''. 4. PROHIBITION ON WAIVING SUBMISSIONS OF DIRECT CARE STAFFING INFORMATION. 1320a-7j(g)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period and inserting ``; and''; (3) by inserting after paragraph (4) the following new paragraph: ``(5) shall be submitted not less frequently than quarterly, on a schedule specified by the Secretary. ''; and (4) by adding at the end the following new sentence: ``The Secretary shall not waive the requirements of this subsection in the case of an infectious disease outbreak (as defined in section 1819(d)(3)(C)).''. 5. GAO STUDY AND REPORT. 1320b-5(g)(1)(B))), the Comptroller General of the United States shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report analyzing deficiencies during such period in infection control measures and direct care staffing requirements for skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), as reported by the Administrator under section 2(d). SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to skilled nursing facilities and nursing facilities beginning on the date of the enactment of this Act.

To amend titles XVIII and XIX of the Social Security Act to codify certain infection control and emergency preparedness regulations, to prohibit a reduction in the frequency of surveys of skilled nursing facilities and nursing facilities, and to prohibit the waiver of certain reporting requirements, and for other purposes. CODIFYING INFECTION CONTROL AND EMERGENCY PREPAREDNESS REGULATIONS FOR SKILLED NURSING FACILITIES AND NURSING FACILITIES AS A REQUIREMENT FOR PARTICIPATION UNDER THE MEDICARE AND MEDICAID PROGRAMS. ( ``(C) Infectious disease outbreak defined.--For purposes of subparagraph (B), the term `infectious disease outbreak' means any of the following periods: ``(i) COVID-19 emergency period.--The emergency period described in section 1135(g)(1)(B). ``(ii) Other infectious disease outbreak periods.-- ``(I) The period beginning on the date a nationwide emergency related to a public health emergency is declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act and ending on the date that is 6 months after the date on which the declaration pursuant to the Stafford Act, a Major Disaster Declaration, or the National Emergencies Act, as applicable, ends, whichever is the latest. ``(III) With respect to a skilled nursing facility in a State with respect to which the Governor has declared an emergency or major disaster (as defined by the State) with respect to an infectious disease outbreak, the period for which such declaration is in effect with respect to such State.''. ( ``(C) Infectious disease outbreak defined.--The term `infectious disease outbreak' has the meaning given such term in section 1819(d)(3)(C).''. ( b) Emergency Preparedness Regulations.-- (1) Medicare.--Section 1819(d) of such Act (42 U.S.C. 1395i-3(d)) is amended by adding at the end the following new paragraph: ``(5) Emergency preparedness.--A skilled nursing facility shall meet the requirements applicable to skilled nursing facilities under the provisions of section 483.73 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act).''. ( d) Public Availability of Data on Deficiencies in Infection Control and Direct Care Staffing in Skilled Nursing Facilities.--Not later than 2 weeks after the beginning of a period of an infectious disease outbreak (as defined in subparagraph (C) of subsection (d)(3) of section 1819 of the Social Security Act (42 U.S.C. Such data so posted, with respect to an infectious disease outbreak (as so defined), shall be updated every two weeks until the end of the period of such outbreak. a) Medicare.--Section 1819(g)(2)(A)(iii) of such Act (42 U.S.C. 1395i-3(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(III) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in subsection (d)(3)(C)).''. ( 1396r(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(I) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in section 1819(d)(3)(C)).''. Section 1128I(g) of the Social Security Act (42 U.S.C. 1320a-7j(g)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period and inserting ``; and''; (3) by inserting after paragraph (4) the following new paragraph: ``(5) shall be submitted not less frequently than quarterly, on a schedule specified by the Secretary. ''; 1320b-5(g)(1)(B))), the Comptroller General of the United States shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report analyzing deficiencies during such period in infection control measures and direct care staffing requirements for skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), as reported by the Administrator under section 2(d). The amendments made by this Act shall apply with respect to skilled nursing facilities and nursing facilities beginning on the date of the enactment of this Act.

To amend titles XVIII and XIX of the Social Security Act to codify certain infection control and emergency preparedness regulations, to prohibit a reduction in the frequency of surveys of skilled nursing facilities and nursing facilities, and to prohibit the waiver of certain reporting requirements, and for other purposes. ``(C) Infectious disease outbreak defined.--For purposes of subparagraph (B), the term `infectious disease outbreak' means any of the following periods: ``(i) COVID-19 emergency period.--The emergency period described in section 1135(g)(1)(B). ``(ii) Other infectious disease outbreak periods.-- ``(I) The period beginning on the date a nationwide emergency related to a public health emergency is declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act and ending on the date that is 6 months after the date on which the declaration pursuant to the Stafford Act, a Major Disaster Declaration, or the National Emergencies Act, as applicable, ends, whichever is the latest. ``(III) With respect to a skilled nursing facility in a State with respect to which the Governor has declared an emergency or major disaster (as defined by the State) with respect to an infectious disease outbreak, the period for which such declaration is in effect with respect to such State.''. ( (b) Emergency Preparedness Regulations.-- (1) Medicare.--Section 1819(d) of such Act (42 U.S.C. 1395i-3(d)) is amended by adding at the end the following new paragraph: ``(5) Emergency preparedness.--A skilled nursing facility shall meet the requirements applicable to skilled nursing facilities under the provisions of section 483.73 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act).''. ( c) Requirement To Issue Guidance.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance to carry out the amendments made by this section. ( Such data so posted, with respect to an infectious disease outbreak (as so defined), shall be updated every two weeks until the end of the period of such outbreak. b) Medicaid.--Section 1919(g)(2)(A)(iii) of such Act (42 U.S.C. 1396r(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(I) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in section 1819(d)(3)(C)).''. 1320b-5(g)(1)(B))), the Comptroller General of the United States shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report analyzing deficiencies during such period in infection control measures and direct care staffing requirements for skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), as reported by the Administrator under section 2(d). The amendments made by this Act shall apply with respect to skilled nursing facilities and nursing facilities beginning on the date of the enactment of this Act.

To amend titles XVIII and XIX of the Social Security Act to codify certain infection control and emergency preparedness regulations, to prohibit a reduction in the frequency of surveys of skilled nursing facilities and nursing facilities, and to prohibit the waiver of certain reporting requirements, and for other purposes. ``(C) Infectious disease outbreak defined.--For purposes of subparagraph (B), the term `infectious disease outbreak' means any of the following periods: ``(i) COVID-19 emergency period.--The emergency period described in section 1135(g)(1)(B). ``(ii) Other infectious disease outbreak periods.-- ``(I) The period beginning on the date a nationwide emergency related to a public health emergency is declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act and ending on the date that is 6 months after the date on which the declaration pursuant to the Stafford Act, a Major Disaster Declaration, or the National Emergencies Act, as applicable, ends, whichever is the latest. ``(III) With respect to a skilled nursing facility in a State with respect to which the Governor has declared an emergency or major disaster (as defined by the State) with respect to an infectious disease outbreak, the period for which such declaration is in effect with respect to such State.''. ( (b) Emergency Preparedness Regulations.-- (1) Medicare.--Section 1819(d) of such Act (42 U.S.C. 1395i-3(d)) is amended by adding at the end the following new paragraph: ``(5) Emergency preparedness.--A skilled nursing facility shall meet the requirements applicable to skilled nursing facilities under the provisions of section 483.73 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act).''. ( c) Requirement To Issue Guidance.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance to carry out the amendments made by this section. ( Such data so posted, with respect to an infectious disease outbreak (as so defined), shall be updated every two weeks until the end of the period of such outbreak. b) Medicaid.--Section 1919(g)(2)(A)(iii) of such Act (42 U.S.C. 1396r(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(I) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in section 1819(d)(3)(C)).''. 1320b-5(g)(1)(B))), the Comptroller General of the United States shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report analyzing deficiencies during such period in infection control measures and direct care staffing requirements for skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), as reported by the Administrator under section 2(d). The amendments made by this Act shall apply with respect to skilled nursing facilities and nursing facilities beginning on the date of the enactment of this Act.

To amend titles XVIII and XIX of the Social Security Act to codify certain infection control and emergency preparedness regulations, to prohibit a reduction in the frequency of surveys of skilled nursing facilities and nursing facilities, and to prohibit the waiver of certain reporting requirements, and for other purposes. CODIFYING INFECTION CONTROL AND EMERGENCY PREPAREDNESS REGULATIONS FOR SKILLED NURSING FACILITIES AND NURSING FACILITIES AS A REQUIREMENT FOR PARTICIPATION UNDER THE MEDICARE AND MEDICAID PROGRAMS. ( ``(C) Infectious disease outbreak defined.--For purposes of subparagraph (B), the term `infectious disease outbreak' means any of the following periods: ``(i) COVID-19 emergency period.--The emergency period described in section 1135(g)(1)(B). ``(ii) Other infectious disease outbreak periods.-- ``(I) The period beginning on the date a nationwide emergency related to a public health emergency is declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act and ending on the date that is 6 months after the date on which the declaration pursuant to the Stafford Act, a Major Disaster Declaration, or the National Emergencies Act, as applicable, ends, whichever is the latest. ``(III) With respect to a skilled nursing facility in a State with respect to which the Governor has declared an emergency or major disaster (as defined by the State) with respect to an infectious disease outbreak, the period for which such declaration is in effect with respect to such State.''. ( ``(C) Infectious disease outbreak defined.--The term `infectious disease outbreak' has the meaning given such term in section 1819(d)(3)(C).''. ( b) Emergency Preparedness Regulations.-- (1) Medicare.--Section 1819(d) of such Act (42 U.S.C. 1395i-3(d)) is amended by adding at the end the following new paragraph: ``(5) Emergency preparedness.--A skilled nursing facility shall meet the requirements applicable to skilled nursing facilities under the provisions of section 483.73 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act).''. ( d) Public Availability of Data on Deficiencies in Infection Control and Direct Care Staffing in Skilled Nursing Facilities.--Not later than 2 weeks after the beginning of a period of an infectious disease outbreak (as defined in subparagraph (C) of subsection (d)(3) of section 1819 of the Social Security Act (42 U.S.C. Such data so posted, with respect to an infectious disease outbreak (as so defined), shall be updated every two weeks until the end of the period of such outbreak. a) Medicare.--Section 1819(g)(2)(A)(iii) of such Act (42 U.S.C. 1395i-3(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(III) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in subsection (d)(3)(C)).''. ( 1396r(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(I) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in section 1819(d)(3)(C)).''. Section 1128I(g) of the Social Security Act (42 U.S.C. 1320a-7j(g)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period and inserting ``; and''; (3) by inserting after paragraph (4) the following new paragraph: ``(5) shall be submitted not less frequently than quarterly, on a schedule specified by the Secretary. ''; 1320b-5(g)(1)(B))), the Comptroller General of the United States shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report analyzing deficiencies during such period in infection control measures and direct care staffing requirements for skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), as reported by the Administrator under section 2(d). The amendments made by this Act shall apply with respect to skilled nursing facilities and nursing facilities beginning on the date of the enactment of this Act.

To amend titles XVIII and XIX of the Social Security Act to codify certain infection control and emergency preparedness regulations, to prohibit a reduction in the frequency of surveys of skilled nursing facilities and nursing facilities, and to prohibit the waiver of certain reporting requirements, and for other purposes. ``(C) Infectious disease outbreak defined.--For purposes of subparagraph (B), the term `infectious disease outbreak' means any of the following periods: ``(i) COVID-19 emergency period.--The emergency period described in section 1135(g)(1)(B). ``(ii) Other infectious disease outbreak periods.-- ``(I) The period beginning on the date a nationwide emergency related to a public health emergency is declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act and ending on the date that is 6 months after the date on which the declaration pursuant to the Stafford Act, a Major Disaster Declaration, or the National Emergencies Act, as applicable, ends, whichever is the latest. ``(III) With respect to a skilled nursing facility in a State with respect to which the Governor has declared an emergency or major disaster (as defined by the State) with respect to an infectious disease outbreak, the period for which such declaration is in effect with respect to such State.''. ( (b) Emergency Preparedness Regulations.-- (1) Medicare.--Section 1819(d) of such Act (42 U.S.C. 1395i-3(d)) is amended by adding at the end the following new paragraph: ``(5) Emergency preparedness.--A skilled nursing facility shall meet the requirements applicable to skilled nursing facilities under the provisions of section 483.73 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act).''. ( c) Requirement To Issue Guidance.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance to carry out the amendments made by this section. ( Such data so posted, with respect to an infectious disease outbreak (as so defined), shall be updated every two weeks until the end of the period of such outbreak. b) Medicaid.--Section 1919(g)(2)(A)(iii) of such Act (42 U.S.C. 1396r(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(I) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in section 1819(d)(3)(C)).''. 1320b-5(g)(1)(B))), the Comptroller General of the United States shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report analyzing deficiencies during such period in infection control measures and direct care staffing requirements for skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), as reported by the Administrator under section 2(d). The amendments made by this Act shall apply with respect to skilled nursing facilities and nursing facilities beginning on the date of the enactment of this Act.

To amend titles XVIII and XIX of the Social Security Act to codify certain infection control and emergency preparedness regulations, to prohibit a reduction in the frequency of surveys of skilled nursing facilities and nursing facilities, and to prohibit the waiver of certain reporting requirements, and for other purposes. CODIFYING INFECTION CONTROL AND EMERGENCY PREPAREDNESS REGULATIONS FOR SKILLED NURSING FACILITIES AND NURSING FACILITIES AS A REQUIREMENT FOR PARTICIPATION UNDER THE MEDICARE AND MEDICAID PROGRAMS. ( ``(C) Infectious disease outbreak defined.--For purposes of subparagraph (B), the term `infectious disease outbreak' means any of the following periods: ``(i) COVID-19 emergency period.--The emergency period described in section 1135(g)(1)(B). ``(ii) Other infectious disease outbreak periods.-- ``(I) The period beginning on the date a nationwide emergency related to a public health emergency is declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act and ending on the date that is 6 months after the date on which the declaration pursuant to the Stafford Act, a Major Disaster Declaration, or the National Emergencies Act, as applicable, ends, whichever is the latest. ``(III) With respect to a skilled nursing facility in a State with respect to which the Governor has declared an emergency or major disaster (as defined by the State) with respect to an infectious disease outbreak, the period for which such declaration is in effect with respect to such State.''. ( ``(C) Infectious disease outbreak defined.--The term `infectious disease outbreak' has the meaning given such term in section 1819(d)(3)(C).''. ( b) Emergency Preparedness Regulations.-- (1) Medicare.--Section 1819(d) of such Act (42 U.S.C. 1395i-3(d)) is amended by adding at the end the following new paragraph: ``(5) Emergency preparedness.--A skilled nursing facility shall meet the requirements applicable to skilled nursing facilities under the provisions of section 483.73 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act).''. ( d) Public Availability of Data on Deficiencies in Infection Control and Direct Care Staffing in Skilled Nursing Facilities.--Not later than 2 weeks after the beginning of a period of an infectious disease outbreak (as defined in subparagraph (C) of subsection (d)(3) of section 1819 of the Social Security Act (42 U.S.C. Such data so posted, with respect to an infectious disease outbreak (as so defined), shall be updated every two weeks until the end of the period of such outbreak. a) Medicare.--Section 1819(g)(2)(A)(iii) of such Act (42 U.S.C. 1395i-3(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(III) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in subsection (d)(3)(C)).''. ( 1396r(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(I) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in section 1819(d)(3)(C)).''. Section 1128I(g) of the Social Security Act (42 U.S.C. 1320a-7j(g)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period and inserting ``; and''; (3) by inserting after paragraph (4) the following new paragraph: ``(5) shall be submitted not less frequently than quarterly, on a schedule specified by the Secretary. ''; 1320b-5(g)(1)(B))), the Comptroller General of the United States shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report analyzing deficiencies during such period in infection control measures and direct care staffing requirements for skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), as reported by the Administrator under section 2(d). The amendments made by this Act shall apply with respect to skilled nursing facilities and nursing facilities beginning on the date of the enactment of this Act.

To amend titles XVIII and XIX of the Social Security Act to codify certain infection control and emergency preparedness regulations, to prohibit a reduction in the frequency of surveys of skilled nursing facilities and nursing facilities, and to prohibit the waiver of certain reporting requirements, and for other purposes. ``(III) With respect to a skilled nursing facility in a State with respect to which the Governor has declared an emergency or major disaster (as defined by the State) with respect to an infectious disease outbreak, the period for which such declaration is in effect with respect to such State.''. ( ( b) Medicaid.--Section 1919(g)(2)(A)(iii) of such Act (42 U.S.C. 1396r(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(I) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in section 1819(d)(3)(C)).''. 1320b-5(g)(1)(B))), the Comptroller General of the United States shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report analyzing deficiencies during such period in infection control measures and direct care staffing requirements for skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), as reported by the Administrator under section 2(d).

To amend titles XVIII and XIX of the Social Security Act to codify certain infection control and emergency preparedness regulations, to prohibit a reduction in the frequency of surveys of skilled nursing facilities and nursing facilities, and to prohibit the waiver of certain reporting requirements, and for other purposes. ``(III) With respect to a skilled nursing facility in a State with respect to which the Governor has declared an emergency or major disaster (as defined by the State) with respect to an infectious disease outbreak, the period for which such declaration is in effect with respect to such State.''. ( ``(C) Infectious disease outbreak defined.--The term `infectious disease outbreak' has the meaning given such term in section 1819(d)(3)(C).''. ( d) Public Availability of Data on Deficiencies in Infection Control and Direct Care Staffing in Skilled Nursing Facilities.--Not later than 2 weeks after the beginning of a period of an infectious disease outbreak (as defined in subparagraph (C) of subsection (d)(3) of section 1819 of the Social Security Act (42 U.S.C. Such data so posted, with respect to an infectious disease outbreak (as so defined), shall be updated every two weeks until the end of the period of such outbreak. 1395i-3(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(III) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in subsection (d)(3)(C)).''. ( 1396r(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(I) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in section 1819(d)(3)(C)).''. 1395i-3(a))), as reported by the Administrator under section 2(d). The amendments made by this Act shall apply with respect to skilled nursing facilities and nursing facilities beginning on the date of the enactment of this Act.

To amend titles XVIII and XIX of the Social Security Act to codify certain infection control and emergency preparedness regulations, to prohibit a reduction in the frequency of surveys of skilled nursing facilities and nursing facilities, and to prohibit the waiver of certain reporting requirements, and for other purposes. ``(III) With respect to a skilled nursing facility in a State with respect to which the Governor has declared an emergency or major disaster (as defined by the State) with respect to an infectious disease outbreak, the period for which such declaration is in effect with respect to such State.''. ( ( b) Medicaid.--Section 1919(g)(2)(A)(iii) of such Act (42 U.S.C. 1396r(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(I) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in section 1819(d)(3)(C)).''. 1320b-5(g)(1)(B))), the Comptroller General of the United States shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report analyzing deficiencies during such period in infection control measures and direct care staffing requirements for skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), as reported by the Administrator under section 2(d).

To amend titles XVIII and XIX of the Social Security Act to codify certain infection control and emergency preparedness regulations, to prohibit a reduction in the frequency of surveys of skilled nursing facilities and nursing facilities, and to prohibit the waiver of certain reporting requirements, and for other purposes. ``(III) With respect to a skilled nursing facility in a State with respect to which the Governor has declared an emergency or major disaster (as defined by the State) with respect to an infectious disease outbreak, the period for which such declaration is in effect with respect to such State.''. ( ``(C) Infectious disease outbreak defined.--The term `infectious disease outbreak' has the meaning given such term in section 1819(d)(3)(C).''. ( d) Public Availability of Data on Deficiencies in Infection Control and Direct Care Staffing in Skilled Nursing Facilities.--Not later than 2 weeks after the beginning of a period of an infectious disease outbreak (as defined in subparagraph (C) of subsection (d)(3) of section 1819 of the Social Security Act (42 U.S.C. Such data so posted, with respect to an infectious disease outbreak (as so defined), shall be updated every two weeks until the end of the period of such outbreak. 1395i-3(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(III) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in subsection (d)(3)(C)).''. ( 1396r(g)(2)(A)(iii)) is amended by adding at the end the following new subclause: ``(I) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak.--The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in section 1819(d)(3)(C)).''. 1395i-3(a))), as reported by the Administrator under section 2(d). The amendments made by this Act shall apply with respect to skilled nursing facilities and nursing facilities beginning on the date of the enactment of this Act.

Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act or the PREARE LTC Act This bill amends title XVIII (Medicare) of the Social Security Act and title XIX (Medicaid) of that Act to codify certain infection control and emergency preparedness regulations, to prohibit a reduction in the frequency of surveys of Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services (HHS) from reducing the frequency of surveys conducted during an infectious disease outbreak. Prohibits the Secretary from waiving the requirements of this Act in the case of an outbreak. Requires the Administrator of the Centers for Medicare & Medicaid Services (CMS) to make

H.R.7581

Native Americans

Yurok Lands Act of 2022 This bill addresses the management of Yurok Reservation lands. The Department of the Interior must enter into a cooperative agreement with the Yurok Tribe for protecting the natural resources of Redwood National Park. The bill confirms the 2006 Cooperative Agreement between the Department of the Interior and the Yurok Tribe for the Cooperative Management of Tribal and Federal Lands and Resources in the Klamath River Basin of California and authorizes Interior to implement the agreement. The Forest Service must transfer approximately 1,229 acres in the Yurok Experimental Forest and Six Rivers National Forest to Interior. That land must be held in trust for the benefit of the tribe and be managed by the tribe for conservation and research purposes. The land may not be used for gaming activity or for old growth logging. Interior must revise the boundary of the reservation as depicted on the map titled Proposed Yurok Reservation Boundary and dated March 30, 2022. National Forest System land and National Park System land within the revised reservation must be administered by the Forest Service and the National Park Service, respectively. The bill gives the tribe the option to expand its role in the environmental review process with respect to major federal actions within the revised Yurok Reservation. The bill designates the Bald Hills Road, which runs from U.S. Highway 101 to the Klamath River, as the Yurok Scenic Byway. The bill ratifies and confirms the tribe's governing documents.

To recognize tribal cooperation in the environmental review of proposed actions affecting the revised Yurok Reservation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Yurok Lands Act of 2022''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) Federal agency.--The term ``Federal agency'' has the same meaning given that term in section 1508.12 of title 40, Code of Federal Regulations, except that such term shall not include States, units of general local government, and Indian Tribes. (2) NEPA.--The term ``NEPA'' means the National Environmental Policy Act, as amended (42 U.S.C. 4321 et seq.). (3) Revised yurok reservation.--The term ``revised Yurok Reservation'' means the land within the exterior boundary of the Yurok Reservation as revised in section 4(a), except land owned in fee by or held in trust by the United States for the benefit of a federally recognized Indian Tribe other than the Yurok Tribe. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, the Secretary of Agriculture, or the Secretary of Transportation, as appropriate. (5) Tribe.--The term ``Tribe'' means the Yurok Tribe, a federally recognized Indian Tribe. SEC. 3. LAND TO BE HELD IN TRUST FOR THE TRIBE. (a) In General.--Subject to any valid existing rights, the Secretary of Agriculture shall transfer to the Secretary of the Interior administrative jurisdiction over approximately 1,229 acres in the Yurok Experimental Forest and Six Rivers National Forest, as generally depicted on the map entitled ``Experimental Forest'' and dated October 4, 2016. The map shall be on file and available for public inspection in the appropriate offices of the Forest Service. (b) Administration.--The Secretary of the Interior shall hold the land transferred under subsection (a) in trust for the benefit of the Tribe. (c) Tribal Land Use Management Plan.--The Tribe shall develop a Tribal Land Use Management Plan in accordance with NEPA requirements for the land held in trust pursuant to subsection (b). (d) Government-to-Government Agreements.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Tribe-- (1) shall enter into government-to-government consultations; (2) shall develop protocols to ensure that research activities of the Forest Service on lands taken into trust pursuant to subsection (b) shall continue in perpetuity; and (3) may enter into cooperative agreements between the Secretary of Agriculture and the Tribe for the purpose of implementing this section. (e) Survey.--Not later than one year after the date of the enactment of this Act, the Secretary of the Interior shall complete a survey to establish the exterior boundaries of the land taken into trust pursuant to subsection (b). (f) Use of Trust Land.--Land taken into trust pursuant to subsection (b) shall-- (1) be managed by the Tribe for conservation and research purposes; (2) not be eligible, or considered to have been taken into trust, for any gaming activity under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.); and (3) not be subject to old growth logging. SEC. 4. YUROK RESERVATION BOUNDARY ADJUSTMENT. (a) In General.--The Secretary shall revise the boundary of the Yurok Reservation as depicted on the map entitled ``Proposed Yurok Reservation Boundary'' and dated March 30, 2022. The map shall be on file and available for public inspection at the Office of the Regional Forester, Pacific Southwest Region, Vallejo, California, and other appropriate offices of the Forest Service. (b) Land Management.--Subject to the requirements of sections 3 and 5-- (1) all National Forest System land within the revised Yurok Reservation shall continue to be administered by the Forest Service in accordance with applicable laws and regulations; and (2) all National Park System land within the revised Yurok Reservation shall continue to be administered by the National Park Service in accordance with applicable laws and regulations. SEC. 5. TRIBAL-FEDERAL PARTNERSHIPS FOR FEDERAL LAND AND RESOURCE MANAGEMENT. (a) In General.--For the purposes of any process triggered by a requirement under NEPA regarding major Federal action on Federal land within the revised Yurok Reservation, at the Tribe's option, the Tribe shall act as a joint lead agency in accordance with a Memorandum of Understanding entered into between the lead Federal agency and the Tribe not later than 30 days after the date of notice of initiation of the process. (b) Requirements for Memorandum of Understanding.--A Memorandum of Understanding entered into under this section shall-- (1) be negotiated in good faith; (2) comply with the NEPA statute and regulations; and (3) include-- (A) the respective roles and responsibilities of the Tribe and the lead Federal agency in the NEPA process; (B) mechanisms for dispute resolution; and (C) a requirement that environmental impact statements shall discuss any inconsistency of a proposed action with any plan or environmental requirement of the Tribe (whether or not federally sanctioned), and, where such an inconsistency exists, a requirement that the environmental impact statement shall describe-- (i) the extent to which the lead Federal agency would reconcile its proposed action with the plan or environmental requirement; and (ii) what mitigation measures are being imposed to lessen adverse environmental impacts of the proposal identified by the Tribe. (c) Cooperating Agency.--For the purpose of any process triggered by a requirement under NEPA regarding a major Federal action on Federal land that may affect the revised Yurok Reservation, at the option of the Tribe, the Tribe shall act as a cooperating agency. (d) No Limitation on Existing Authority.--Nothing in this section shall limit ability of the Tribe or any other federally recognized Indian Tribe to participate in any process triggered by a requirement under NEPA as a joint lead or a cooperating agency. (e) Cooperative Agreements With the Tribe.-- (1) Redwood national park.--The Secretary shall enter into a cooperative agreement with the Tribe for system unit natural resource protection for the purpose of protecting natural resources of Redwood National Park pursuant to section 101702 of title 54, United States Code. (2) Forest service.--The Secretary of Agriculture shall enter into a cooperative agreement with the Tribe that includes, at a minimum, provisions that implement section 3. (3) Tribe as an agency.--The Tribe shall be considered a State or local government agency for purposes of section 101703 of title 54, United States Code, and the Secretary shall enter into a cooperative management agreement with the Tribe pursuant to that section. (4) Confirmation and authorization of cooperative agreement related to the klamath river basin.--The 2006 ``Cooperative Agreement between the Department of the Interior and the Yurok Tribe for the Cooperative Management of Tribal and Federal Lands and Resources in the Klamath River Basin of California'' is confirmed and the Secretary is authorized to take such actions as are necessary to effectuate the agreement. (f) Self-Governance Agreements.--Federal agencies, as appropriate, shall negotiate, in good faith, self-governance agreements under this Act pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.). Program functions, services, and activities, or portions thereof, carried out by the National Park Service on Federal land within the revised Yurok Reservation shall be included in a contract or compact to the extent allowed under title I or title IV of the Indian Self-Determination and Education Assistance Act. SEC. 6. YUROK SCENIC BYWAY DESIGNATION. (a) Designation of the Yurok Scenic Byway.--Bald Hills Road from its junction with U.S. Highway 101 to its terminus on the Klamath River shall be designated as the ``Yurok Scenic Byway'', an Indian Tribe scenic byway, and the Tribe shall be eligible for appropriate grants and technical assistance as authorized in section 162(b) of title 23, United States Code. (b) Continued Access and Use Retained.--The Tribe shall not prohibit or limit, and the Secretary of the Interior shall allow, continued access and use of the Bald Hills Road in accordance with section 3(b)(1) of the Act entitled ``An Act to establish a Redwood National Park in the State of California, and for other purposes'', approved October 2, 1968 (16 U.S.C. 79c). SEC. 7. CONFIRMATION OF GOVERNING BODY AND DOCUMENTS. The governing documents of the Tribe and the governing body established and elected thereunder, as recognized by the Secretary and in effect on the date of the enactment of this Act, are hereby ratified and confirmed and shall only have effect within the revised Yurok Reservation. SEC. 8. NO DELEGATION OF FEDERAL AUTHORITY OVER NON-TRIBAL LAND OR PEOPLE. Nothing in this Act shall be construed as a delegation of Federal or other authority to the Tribe, the Tribal body or any member of the Tribe, over or related to land or interests in land that are not within the revised Yurok Reservation. SEC. 9. NO ADDITIONAL AUTHORITY OR RIGHTS. Nothing in this Act shall increase, diminish, or otherwise affect the rights, privileges, or authorities of any federally recognized Indian Tribe in relation to any other federally recognized Indian Tribe. <all>

Yurok Lands Act of 2022

To recognize tribal cooperation in the environmental review of proposed actions affecting the revised Yurok Reservation, and for other purposes.

Yurok Lands Act of 2022

Rep. Huffman, Jared

D

CA

This bill addresses the management of Yurok Reservation lands. The Department of the Interior must enter into a cooperative agreement with the Yurok Tribe for protecting the natural resources of Redwood National Park. The bill confirms the 2006 Cooperative Agreement between the Department of the Interior and the Yurok Tribe for the Cooperative Management of Tribal and Federal Lands and Resources in the Klamath River Basin of California and authorizes Interior to implement the agreement. The Forest Service must transfer approximately 1,229 acres in the Yurok Experimental Forest and Six Rivers National Forest to Interior. That land must be held in trust for the benefit of the tribe and be managed by the tribe for conservation and research purposes. The land may not be used for gaming activity or for old growth logging. Interior must revise the boundary of the reservation as depicted on the map titled Proposed Yurok Reservation Boundary and dated March 30, 2022. National Forest System land and National Park System land within the revised reservation must be administered by the Forest Service and the National Park Service, respectively. The bill gives the tribe the option to expand its role in the environmental review process with respect to major federal actions within the revised Yurok Reservation. The bill designates the Bald Hills Road, which runs from U.S. Highway 101 to the Klamath River, as the Yurok Scenic Byway. The bill ratifies and confirms the tribe's governing documents.

This Act may be cited as the ``Yurok Lands Act of 2022''. 2. DEFINITIONS. (2) NEPA.--The term ``NEPA'' means the National Environmental Policy Act, as amended (42 U.S.C. 4321 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, the Secretary of Agriculture, or the Secretary of Transportation, as appropriate. (5) Tribe.--The term ``Tribe'' means the Yurok Tribe, a federally recognized Indian Tribe. 3. LAND TO BE HELD IN TRUST FOR THE TRIBE. The map shall be on file and available for public inspection in the appropriate offices of the Forest Service. (e) Survey.--Not later than one year after the date of the enactment of this Act, the Secretary of the Interior shall complete a survey to establish the exterior boundaries of the land taken into trust pursuant to subsection (b). YUROK RESERVATION BOUNDARY ADJUSTMENT. (b) Land Management.--Subject to the requirements of sections 3 and 5-- (1) all National Forest System land within the revised Yurok Reservation shall continue to be administered by the Forest Service in accordance with applicable laws and regulations; and (2) all National Park System land within the revised Yurok Reservation shall continue to be administered by the National Park Service in accordance with applicable laws and regulations. TRIBAL-FEDERAL PARTNERSHIPS FOR FEDERAL LAND AND RESOURCE MANAGEMENT. (a) In General.--For the purposes of any process triggered by a requirement under NEPA regarding major Federal action on Federal land within the revised Yurok Reservation, at the Tribe's option, the Tribe shall act as a joint lead agency in accordance with a Memorandum of Understanding entered into between the lead Federal agency and the Tribe not later than 30 days after the date of notice of initiation of the process. (3) Tribe as an agency.--The Tribe shall be considered a State or local government agency for purposes of section 101703 of title 54, United States Code, and the Secretary shall enter into a cooperative management agreement with the Tribe pursuant to that section. (f) Self-Governance Agreements.--Federal agencies, as appropriate, shall negotiate, in good faith, self-governance agreements under this Act pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 6. YUROK SCENIC BYWAY DESIGNATION. (b) Continued Access and Use Retained.--The Tribe shall not prohibit or limit, and the Secretary of the Interior shall allow, continued access and use of the Bald Hills Road in accordance with section 3(b)(1) of the Act entitled ``An Act to establish a Redwood National Park in the State of California, and for other purposes'', approved October 2, 1968 (16 U.S.C. 79c). 7. CONFIRMATION OF GOVERNING BODY AND DOCUMENTS. 8. SEC. 9. NO ADDITIONAL AUTHORITY OR RIGHTS.

This Act may be cited as the ``Yurok Lands Act of 2022''. 2. (2) NEPA.--The term ``NEPA'' means the National Environmental Policy Act, as amended (42 U.S.C. 4321 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, the Secretary of Agriculture, or the Secretary of Transportation, as appropriate. (5) Tribe.--The term ``Tribe'' means the Yurok Tribe, a federally recognized Indian Tribe. 3. LAND TO BE HELD IN TRUST FOR THE TRIBE. The map shall be on file and available for public inspection in the appropriate offices of the Forest Service. YUROK RESERVATION BOUNDARY ADJUSTMENT. (b) Land Management.--Subject to the requirements of sections 3 and 5-- (1) all National Forest System land within the revised Yurok Reservation shall continue to be administered by the Forest Service in accordance with applicable laws and regulations; and (2) all National Park System land within the revised Yurok Reservation shall continue to be administered by the National Park Service in accordance with applicable laws and regulations. TRIBAL-FEDERAL PARTNERSHIPS FOR FEDERAL LAND AND RESOURCE MANAGEMENT. (a) In General.--For the purposes of any process triggered by a requirement under NEPA regarding major Federal action on Federal land within the revised Yurok Reservation, at the Tribe's option, the Tribe shall act as a joint lead agency in accordance with a Memorandum of Understanding entered into between the lead Federal agency and the Tribe not later than 30 days after the date of notice of initiation of the process. (3) Tribe as an agency.--The Tribe shall be considered a State or local government agency for purposes of section 101703 of title 54, United States Code, and the Secretary shall enter into a cooperative management agreement with the Tribe pursuant to that section. (f) Self-Governance Agreements.--Federal agencies, as appropriate, shall negotiate, in good faith, self-governance agreements under this Act pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. YUROK SCENIC BYWAY DESIGNATION. CONFIRMATION OF GOVERNING BODY AND DOCUMENTS. SEC. NO ADDITIONAL AUTHORITY OR RIGHTS.

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 ``Yurok Lands Act of 2022''. 2. DEFINITIONS. (2) NEPA.--The term ``NEPA'' means the National Environmental Policy Act, as amended (42 U.S.C. 4321 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, the Secretary of Agriculture, or the Secretary of Transportation, as appropriate. (5) Tribe.--The term ``Tribe'' means the Yurok Tribe, a federally recognized Indian Tribe. 3. LAND TO BE HELD IN TRUST FOR THE TRIBE. (a) In General.--Subject to any valid existing rights, the Secretary of Agriculture shall transfer to the Secretary of the Interior administrative jurisdiction over approximately 1,229 acres in the Yurok Experimental Forest and Six Rivers National Forest, as generally depicted on the map entitled ``Experimental Forest'' and dated October 4, 2016. The map shall be on file and available for public inspection in the appropriate offices of the Forest Service. (e) Survey.--Not later than one year after the date of the enactment of this Act, the Secretary of the Interior shall complete a survey to establish the exterior boundaries of the land taken into trust pursuant to subsection (b). ); and (3) not be subject to old growth logging. YUROK RESERVATION BOUNDARY ADJUSTMENT. (b) Land Management.--Subject to the requirements of sections 3 and 5-- (1) all National Forest System land within the revised Yurok Reservation shall continue to be administered by the Forest Service in accordance with applicable laws and regulations; and (2) all National Park System land within the revised Yurok Reservation shall continue to be administered by the National Park Service in accordance with applicable laws and regulations. TRIBAL-FEDERAL PARTNERSHIPS FOR FEDERAL LAND AND RESOURCE MANAGEMENT. (a) In General.--For the purposes of any process triggered by a requirement under NEPA regarding major Federal action on Federal land within the revised Yurok Reservation, at the Tribe's option, the Tribe shall act as a joint lead agency in accordance with a Memorandum of Understanding entered into between the lead Federal agency and the Tribe not later than 30 days after the date of notice of initiation of the process. (b) Requirements for Memorandum of Understanding.--A Memorandum of Understanding entered into under this section shall-- (1) be negotiated in good faith; (2) comply with the NEPA statute and regulations; and (3) include-- (A) the respective roles and responsibilities of the Tribe and the lead Federal agency in the NEPA process; (B) mechanisms for dispute resolution; and (C) a requirement that environmental impact statements shall discuss any inconsistency of a proposed action with any plan or environmental requirement of the Tribe (whether or not federally sanctioned), and, where such an inconsistency exists, a requirement that the environmental impact statement shall describe-- (i) the extent to which the lead Federal agency would reconcile its proposed action with the plan or environmental requirement; and (ii) what mitigation measures are being imposed to lessen adverse environmental impacts of the proposal identified by the Tribe. (3) Tribe as an agency.--The Tribe shall be considered a State or local government agency for purposes of section 101703 of title 54, United States Code, and the Secretary shall enter into a cooperative management agreement with the Tribe pursuant to that section. (4) Confirmation and authorization of cooperative agreement related to the klamath river basin.--The 2006 ``Cooperative Agreement between the Department of the Interior and the Yurok Tribe for the Cooperative Management of Tribal and Federal Lands and Resources in the Klamath River Basin of California'' is confirmed and the Secretary is authorized to take such actions as are necessary to effectuate the agreement. (f) Self-Governance Agreements.--Federal agencies, as appropriate, shall negotiate, in good faith, self-governance agreements under this Act pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 6. YUROK SCENIC BYWAY DESIGNATION. (b) Continued Access and Use Retained.--The Tribe shall not prohibit or limit, and the Secretary of the Interior shall allow, continued access and use of the Bald Hills Road in accordance with section 3(b)(1) of the Act entitled ``An Act to establish a Redwood National Park in the State of California, and for other purposes'', approved October 2, 1968 (16 U.S.C. 79c). 7. CONFIRMATION OF GOVERNING BODY AND DOCUMENTS. 8. SEC. 9. NO ADDITIONAL AUTHORITY OR RIGHTS.

To recognize tribal cooperation in the environmental review of proposed actions affecting the revised Yurok Reservation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Yurok Lands Act of 2022''. 2. DEFINITIONS. (2) NEPA.--The term ``NEPA'' means the National Environmental Policy Act, as amended (42 U.S.C. 4321 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, the Secretary of Agriculture, or the Secretary of Transportation, as appropriate. (5) Tribe.--The term ``Tribe'' means the Yurok Tribe, a federally recognized Indian Tribe. 3. LAND TO BE HELD IN TRUST FOR THE TRIBE. (a) In General.--Subject to any valid existing rights, the Secretary of Agriculture shall transfer to the Secretary of the Interior administrative jurisdiction over approximately 1,229 acres in the Yurok Experimental Forest and Six Rivers National Forest, as generally depicted on the map entitled ``Experimental Forest'' and dated October 4, 2016. The map shall be on file and available for public inspection in the appropriate offices of the Forest Service. (b) Administration.--The Secretary of the Interior shall hold the land transferred under subsection (a) in trust for the benefit of the Tribe. (e) Survey.--Not later than one year after the date of the enactment of this Act, the Secretary of the Interior shall complete a survey to establish the exterior boundaries of the land taken into trust pursuant to subsection (b). (f) Use of Trust Land.--Land taken into trust pursuant to subsection (b) shall-- (1) be managed by the Tribe for conservation and research purposes; (2) not be eligible, or considered to have been taken into trust, for any gaming activity under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq. ); and (3) not be subject to old growth logging. YUROK RESERVATION BOUNDARY ADJUSTMENT. The map shall be on file and available for public inspection at the Office of the Regional Forester, Pacific Southwest Region, Vallejo, California, and other appropriate offices of the Forest Service. (b) Land Management.--Subject to the requirements of sections 3 and 5-- (1) all National Forest System land within the revised Yurok Reservation shall continue to be administered by the Forest Service in accordance with applicable laws and regulations; and (2) all National Park System land within the revised Yurok Reservation shall continue to be administered by the National Park Service in accordance with applicable laws and regulations. TRIBAL-FEDERAL PARTNERSHIPS FOR FEDERAL LAND AND RESOURCE MANAGEMENT. (a) In General.--For the purposes of any process triggered by a requirement under NEPA regarding major Federal action on Federal land within the revised Yurok Reservation, at the Tribe's option, the Tribe shall act as a joint lead agency in accordance with a Memorandum of Understanding entered into between the lead Federal agency and the Tribe not later than 30 days after the date of notice of initiation of the process. (b) Requirements for Memorandum of Understanding.--A Memorandum of Understanding entered into under this section shall-- (1) be negotiated in good faith; (2) comply with the NEPA statute and regulations; and (3) include-- (A) the respective roles and responsibilities of the Tribe and the lead Federal agency in the NEPA process; (B) mechanisms for dispute resolution; and (C) a requirement that environmental impact statements shall discuss any inconsistency of a proposed action with any plan or environmental requirement of the Tribe (whether or not federally sanctioned), and, where such an inconsistency exists, a requirement that the environmental impact statement shall describe-- (i) the extent to which the lead Federal agency would reconcile its proposed action with the plan or environmental requirement; and (ii) what mitigation measures are being imposed to lessen adverse environmental impacts of the proposal identified by the Tribe. (3) Tribe as an agency.--The Tribe shall be considered a State or local government agency for purposes of section 101703 of title 54, United States Code, and the Secretary shall enter into a cooperative management agreement with the Tribe pursuant to that section. (4) Confirmation and authorization of cooperative agreement related to the klamath river basin.--The 2006 ``Cooperative Agreement between the Department of the Interior and the Yurok Tribe for the Cooperative Management of Tribal and Federal Lands and Resources in the Klamath River Basin of California'' is confirmed and the Secretary is authorized to take such actions as are necessary to effectuate the agreement. (f) Self-Governance Agreements.--Federal agencies, as appropriate, shall negotiate, in good faith, self-governance agreements under this Act pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.). 6. YUROK SCENIC BYWAY DESIGNATION. (b) Continued Access and Use Retained.--The Tribe shall not prohibit or limit, and the Secretary of the Interior shall allow, continued access and use of the Bald Hills Road in accordance with section 3(b)(1) of the Act entitled ``An Act to establish a Redwood National Park in the State of California, and for other purposes'', approved October 2, 1968 (16 U.S.C. 79c). 7. CONFIRMATION OF GOVERNING BODY AND DOCUMENTS. The governing documents of the Tribe and the governing body established and elected thereunder, as recognized by the Secretary and in effect on the date of the enactment of this Act, are hereby ratified and confirmed and shall only have effect within the revised Yurok Reservation. 8. NO DELEGATION OF FEDERAL AUTHORITY OVER NON-TRIBAL LAND OR PEOPLE. SEC. 9. NO ADDITIONAL AUTHORITY OR RIGHTS. Nothing in this Act shall increase, diminish, or otherwise affect the rights, privileges, or authorities of any federally recognized Indian Tribe in relation to any other federally recognized Indian Tribe.

To recognize tribal cooperation in the environmental review of proposed actions affecting the revised Yurok Reservation, and for other purposes. 2) NEPA.--The term ``NEPA'' means the National Environmental Policy Act, as amended (42 U.S.C. 4321 et seq.). ( (a) In General.--Subject to any valid existing rights, the Secretary of Agriculture shall transfer to the Secretary of the Interior administrative jurisdiction over approximately 1,229 acres in the Yurok Experimental Forest and Six Rivers National Forest, as generally depicted on the map entitled ``Experimental Forest'' and dated October 4, 2016. d) Government-to-Government Agreements.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Tribe-- (1) shall enter into government-to-government consultations; (2) shall develop protocols to ensure that research activities of the Forest Service on lands taken into trust pursuant to subsection (b) shall continue in perpetuity; and (3) may enter into cooperative agreements between the Secretary of Agriculture and the Tribe for the purpose of implementing this section. ( (f) Use of Trust Land.--Land taken into trust pursuant to subsection (b) shall-- (1) be managed by the Tribe for conservation and research purposes; (2) not be eligible, or considered to have been taken into trust, for any gaming activity under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq. ); a) In General.--The Secretary shall revise the boundary of the Yurok Reservation as depicted on the map entitled ``Proposed Yurok Reservation Boundary'' and dated March 30, 2022. (a) In General.--For the purposes of any process triggered by a requirement under NEPA regarding major Federal action on Federal land within the revised Yurok Reservation, at the Tribe's option, the Tribe shall act as a joint lead agency in accordance with a Memorandum of Understanding entered into between the lead Federal agency and the Tribe not later than 30 days after the date of notice of initiation of the process. ( (c) Cooperating Agency.--For the purpose of any process triggered by a requirement under NEPA regarding a major Federal action on Federal land that may affect the revised Yurok Reservation, at the option of the Tribe, the Tribe shall act as a cooperating agency. ( e) Cooperative Agreements With the Tribe.-- (1) Redwood national park.--The Secretary shall enter into a cooperative agreement with the Tribe for system unit natural resource protection for the purpose of protecting natural resources of Redwood National Park pursuant to section 101702 of title 54, United States Code. ( (4) Confirmation and authorization of cooperative agreement related to the klamath river basin.--The 2006 ``Cooperative Agreement between the Department of the Interior and the Yurok Tribe for the Cooperative Management of Tribal and Federal Lands and Resources in the Klamath River Basin of California'' is confirmed and the Secretary is authorized to take such actions as are necessary to effectuate the agreement. ( a) Designation of the Yurok Scenic Byway.--Bald Hills Road from its junction with U.S. Highway 101 to its terminus on the Klamath River shall be designated as the ``Yurok Scenic Byway'', an Indian Tribe scenic byway, and the Tribe shall be eligible for appropriate grants and technical assistance as authorized in section 162(b) of title 23, United States Code. (b) Continued Access and Use Retained.--The Tribe shall not prohibit or limit, and the Secretary of the Interior shall allow, continued access and use of the Bald Hills Road in accordance with section 3(b)(1) of the Act entitled ``An Act to establish a Redwood National Park in the State of California, and for other purposes'', approved October 2, 1968 (16 U.S.C. 79c). Nothing in this Act shall be construed as a delegation of Federal or other authority to the Tribe, the Tribal body or any member of the Tribe, over or related to land or interests in land that are not within the revised Yurok Reservation.

To recognize tribal cooperation in the environmental review of proposed actions affecting the revised Yurok Reservation, and for other purposes. LAND TO BE HELD IN TRUST FOR THE TRIBE. ( c) Tribal Land Use Management Plan.--The Tribe shall develop a Tribal Land Use Management Plan in accordance with NEPA requirements for the land held in trust pursuant to subsection (b). (d) Government-to-Government Agreements.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Tribe-- (1) shall enter into government-to-government consultations; (2) shall develop protocols to ensure that research activities of the Forest Service on lands taken into trust pursuant to subsection (b) shall continue in perpetuity; and (3) may enter into cooperative agreements between the Secretary of Agriculture and the Tribe for the purpose of implementing this section. ( f) Use of Trust Land.--Land taken into trust pursuant to subsection (b) shall-- (1) be managed by the Tribe for conservation and research purposes; (2) not be eligible, or considered to have been taken into trust, for any gaming activity under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq. ); (a) In General.--For the purposes of any process triggered by a requirement under NEPA regarding major Federal action on Federal land within the revised Yurok Reservation, at the Tribe's option, the Tribe shall act as a joint lead agency in accordance with a Memorandum of Understanding entered into between the lead Federal agency and the Tribe not later than 30 days after the date of notice of initiation of the process. ( c) Cooperating Agency.--For the purpose of any process triggered by a requirement under NEPA regarding a major Federal action on Federal land that may affect the revised Yurok Reservation, at the option of the Tribe, the Tribe shall act as a cooperating agency. ( (3) Tribe as an agency.--The Tribe shall be considered a State or local government agency for purposes of section 101703 of title 54, United States Code, and the Secretary shall enter into a cooperative management agreement with the Tribe pursuant to that section. ( b) Continued Access and Use Retained.--The Tribe shall not prohibit or limit, and the Secretary of the Interior shall allow, continued access and use of the Bald Hills Road in accordance with section 3(b)(1) of the Act entitled ``An Act to establish a Redwood National Park in the State of California, and for other purposes'', approved October 2, 1968 (16 U.S.C. 79c). The governing documents of the Tribe and the governing body established and elected thereunder, as recognized by the Secretary and in effect on the date of the enactment of this Act, are hereby ratified and confirmed and shall only have effect within the revised Yurok Reservation. Nothing in this Act shall increase, diminish, or otherwise affect the rights, privileges, or authorities of any federally recognized Indian Tribe in relation to any other federally recognized Indian Tribe.

To recognize tribal cooperation in the environmental review of proposed actions affecting the revised Yurok Reservation, and for other purposes. LAND TO BE HELD IN TRUST FOR THE TRIBE. ( c) Tribal Land Use Management Plan.--The Tribe shall develop a Tribal Land Use Management Plan in accordance with NEPA requirements for the land held in trust pursuant to subsection (b). (d) Government-to-Government Agreements.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Tribe-- (1) shall enter into government-to-government consultations; (2) shall develop protocols to ensure that research activities of the Forest Service on lands taken into trust pursuant to subsection (b) shall continue in perpetuity; and (3) may enter into cooperative agreements between the Secretary of Agriculture and the Tribe for the purpose of implementing this section. ( f) Use of Trust Land.--Land taken into trust pursuant to subsection (b) shall-- (1) be managed by the Tribe for conservation and research purposes; (2) not be eligible, or considered to have been taken into trust, for any gaming activity under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq. ); (a) In General.--For the purposes of any process triggered by a requirement under NEPA regarding major Federal action on Federal land within the revised Yurok Reservation, at the Tribe's option, the Tribe shall act as a joint lead agency in accordance with a Memorandum of Understanding entered into between the lead Federal agency and the Tribe not later than 30 days after the date of notice of initiation of the process. ( c) Cooperating Agency.--For the purpose of any process triggered by a requirement under NEPA regarding a major Federal action on Federal land that may affect the revised Yurok Reservation, at the option of the Tribe, the Tribe shall act as a cooperating agency. ( (3) Tribe as an agency.--The Tribe shall be considered a State or local government agency for purposes of section 101703 of title 54, United States Code, and the Secretary shall enter into a cooperative management agreement with the Tribe pursuant to that section. ( b) Continued Access and Use Retained.--The Tribe shall not prohibit or limit, and the Secretary of the Interior shall allow, continued access and use of the Bald Hills Road in accordance with section 3(b)(1) of the Act entitled ``An Act to establish a Redwood National Park in the State of California, and for other purposes'', approved October 2, 1968 (16 U.S.C. 79c). The governing documents of the Tribe and the governing body established and elected thereunder, as recognized by the Secretary and in effect on the date of the enactment of this Act, are hereby ratified and confirmed and shall only have effect within the revised Yurok Reservation. Nothing in this Act shall increase, diminish, or otherwise affect the rights, privileges, or authorities of any federally recognized Indian Tribe in relation to any other federally recognized Indian Tribe.

To recognize tribal cooperation in the environmental review of proposed actions affecting the revised Yurok Reservation, and for other purposes. 2) NEPA.--The term ``NEPA'' means the National Environmental Policy Act, as amended (42 U.S.C. 4321 et seq.). ( (a) In General.--Subject to any valid existing rights, the Secretary of Agriculture shall transfer to the Secretary of the Interior administrative jurisdiction over approximately 1,229 acres in the Yurok Experimental Forest and Six Rivers National Forest, as generally depicted on the map entitled ``Experimental Forest'' and dated October 4, 2016. d) Government-to-Government Agreements.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Tribe-- (1) shall enter into government-to-government consultations; (2) shall develop protocols to ensure that research activities of the Forest Service on lands taken into trust pursuant to subsection (b) shall continue in perpetuity; and (3) may enter into cooperative agreements between the Secretary of Agriculture and the Tribe for the purpose of implementing this section. ( (f) Use of Trust Land.--Land taken into trust pursuant to subsection (b) shall-- (1) be managed by the Tribe for conservation and research purposes; (2) not be eligible, or considered to have been taken into trust, for any gaming activity under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq. ); a) In General.--The Secretary shall revise the boundary of the Yurok Reservation as depicted on the map entitled ``Proposed Yurok Reservation Boundary'' and dated March 30, 2022. (a) In General.--For the purposes of any process triggered by a requirement under NEPA regarding major Federal action on Federal land within the revised Yurok Reservation, at the Tribe's option, the Tribe shall act as a joint lead agency in accordance with a Memorandum of Understanding entered into between the lead Federal agency and the Tribe not later than 30 days after the date of notice of initiation of the process. ( (c) Cooperating Agency.--For the purpose of any process triggered by a requirement under NEPA regarding a major Federal action on Federal land that may affect the revised Yurok Reservation, at the option of the Tribe, the Tribe shall act as a cooperating agency. ( e) Cooperative Agreements With the Tribe.-- (1) Redwood national park.--The Secretary shall enter into a cooperative agreement with the Tribe for system unit natural resource protection for the purpose of protecting natural resources of Redwood National Park pursuant to section 101702 of title 54, United States Code. ( (4) Confirmation and authorization of cooperative agreement related to the klamath river basin.--The 2006 ``Cooperative Agreement between the Department of the Interior and the Yurok Tribe for the Cooperative Management of Tribal and Federal Lands and Resources in the Klamath River Basin of California'' is confirmed and the Secretary is authorized to take such actions as are necessary to effectuate the agreement. ( a) Designation of the Yurok Scenic Byway.--Bald Hills Road from its junction with U.S. Highway 101 to its terminus on the Klamath River shall be designated as the ``Yurok Scenic Byway'', an Indian Tribe scenic byway, and the Tribe shall be eligible for appropriate grants and technical assistance as authorized in section 162(b) of title 23, United States Code. (b) Continued Access and Use Retained.--The Tribe shall not prohibit or limit, and the Secretary of the Interior shall allow, continued access and use of the Bald Hills Road in accordance with section 3(b)(1) of the Act entitled ``An Act to establish a Redwood National Park in the State of California, and for other purposes'', approved October 2, 1968 (16 U.S.C. 79c). Nothing in this Act shall be construed as a delegation of Federal or other authority to the Tribe, the Tribal body or any member of the Tribe, over or related to land or interests in land that are not within the revised Yurok Reservation.

To recognize tribal cooperation in the environmental review of proposed actions affecting the revised Yurok Reservation, and for other purposes. LAND TO BE HELD IN TRUST FOR THE TRIBE. ( c) Tribal Land Use Management Plan.--The Tribe shall develop a Tribal Land Use Management Plan in accordance with NEPA requirements for the land held in trust pursuant to subsection (b). (d) Government-to-Government Agreements.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Tribe-- (1) shall enter into government-to-government consultations; (2) shall develop protocols to ensure that research activities of the Forest Service on lands taken into trust pursuant to subsection (b) shall continue in perpetuity; and (3) may enter into cooperative agreements between the Secretary of Agriculture and the Tribe for the purpose of implementing this section. ( f) Use of Trust Land.--Land taken into trust pursuant to subsection (b) shall-- (1) be managed by the Tribe for conservation and research purposes; (2) not be eligible, or considered to have been taken into trust, for any gaming activity under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq. ); (a) In General.--For the purposes of any process triggered by a requirement under NEPA regarding major Federal action on Federal land within the revised Yurok Reservation, at the Tribe's option, the Tribe shall act as a joint lead agency in accordance with a Memorandum of Understanding entered into between the lead Federal agency and the Tribe not later than 30 days after the date of notice of initiation of the process. ( c) Cooperating Agency.--For the purpose of any process triggered by a requirement under NEPA regarding a major Federal action on Federal land that may affect the revised Yurok Reservation, at the option of the Tribe, the Tribe shall act as a cooperating agency. ( (3) Tribe as an agency.--The Tribe shall be considered a State or local government agency for purposes of section 101703 of title 54, United States Code, and the Secretary shall enter into a cooperative management agreement with the Tribe pursuant to that section. ( b) Continued Access and Use Retained.--The Tribe shall not prohibit or limit, and the Secretary of the Interior shall allow, continued access and use of the Bald Hills Road in accordance with section 3(b)(1) of the Act entitled ``An Act to establish a Redwood National Park in the State of California, and for other purposes'', approved October 2, 1968 (16 U.S.C. 79c). The governing documents of the Tribe and the governing body established and elected thereunder, as recognized by the Secretary and in effect on the date of the enactment of this Act, are hereby ratified and confirmed and shall only have effect within the revised Yurok Reservation. Nothing in this Act shall increase, diminish, or otherwise affect the rights, privileges, or authorities of any federally recognized Indian Tribe in relation to any other federally recognized Indian Tribe.

To recognize tribal cooperation in the environmental review of proposed actions affecting the revised Yurok Reservation, and for other purposes. 2) NEPA.--The term ``NEPA'' means the National Environmental Policy Act, as amended (42 U.S.C. 4321 et seq.). ( (a) In General.--Subject to any valid existing rights, the Secretary of Agriculture shall transfer to the Secretary of the Interior administrative jurisdiction over approximately 1,229 acres in the Yurok Experimental Forest and Six Rivers National Forest, as generally depicted on the map entitled ``Experimental Forest'' and dated October 4, 2016. d) Government-to-Government Agreements.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Tribe-- (1) shall enter into government-to-government consultations; (2) shall develop protocols to ensure that research activities of the Forest Service on lands taken into trust pursuant to subsection (b) shall continue in perpetuity; and (3) may enter into cooperative agreements between the Secretary of Agriculture and the Tribe for the purpose of implementing this section. ( (f) Use of Trust Land.--Land taken into trust pursuant to subsection (b) shall-- (1) be managed by the Tribe for conservation and research purposes; (2) not be eligible, or considered to have been taken into trust, for any gaming activity under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq. ); a) In General.--The Secretary shall revise the boundary of the Yurok Reservation as depicted on the map entitled ``Proposed Yurok Reservation Boundary'' and dated March 30, 2022. (a) In General.--For the purposes of any process triggered by a requirement under NEPA regarding major Federal action on Federal land within the revised Yurok Reservation, at the Tribe's option, the Tribe shall act as a joint lead agency in accordance with a Memorandum of Understanding entered into between the lead Federal agency and the Tribe not later than 30 days after the date of notice of initiation of the process. ( (c) Cooperating Agency.--For the purpose of any process triggered by a requirement under NEPA regarding a major Federal action on Federal land that may affect the revised Yurok Reservation, at the option of the Tribe, the Tribe shall act as a cooperating agency. ( e) Cooperative Agreements With the Tribe.-- (1) Redwood national park.--The Secretary shall enter into a cooperative agreement with the Tribe for system unit natural resource protection for the purpose of protecting natural resources of Redwood National Park pursuant to section 101702 of title 54, United States Code. ( (4) Confirmation and authorization of cooperative agreement related to the klamath river basin.--The 2006 ``Cooperative Agreement between the Department of the Interior and the Yurok Tribe for the Cooperative Management of Tribal and Federal Lands and Resources in the Klamath River Basin of California'' is confirmed and the Secretary is authorized to take such actions as are necessary to effectuate the agreement. ( a) Designation of the Yurok Scenic Byway.--Bald Hills Road from its junction with U.S. Highway 101 to its terminus on the Klamath River shall be designated as the ``Yurok Scenic Byway'', an Indian Tribe scenic byway, and the Tribe shall be eligible for appropriate grants and technical assistance as authorized in section 162(b) of title 23, United States Code. (b) Continued Access and Use Retained.--The Tribe shall not prohibit or limit, and the Secretary of the Interior shall allow, continued access and use of the Bald Hills Road in accordance with section 3(b)(1) of the Act entitled ``An Act to establish a Redwood National Park in the State of California, and for other purposes'', approved October 2, 1968 (16 U.S.C. 79c). Nothing in this Act shall be construed as a delegation of Federal or other authority to the Tribe, the Tribal body or any member of the Tribe, over or related to land or interests in land that are not within the revised Yurok Reservation.

To recognize tribal cooperation in the environmental review of proposed actions affecting the revised Yurok Reservation, and for other purposes. LAND TO BE HELD IN TRUST FOR THE TRIBE. ( c) Tribal Land Use Management Plan.--The Tribe shall develop a Tribal Land Use Management Plan in accordance with NEPA requirements for the land held in trust pursuant to subsection (b). (d) Government-to-Government Agreements.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Tribe-- (1) shall enter into government-to-government consultations; (2) shall develop protocols to ensure that research activities of the Forest Service on lands taken into trust pursuant to subsection (b) shall continue in perpetuity; and (3) may enter into cooperative agreements between the Secretary of Agriculture and the Tribe for the purpose of implementing this section. ( f) Use of Trust Land.--Land taken into trust pursuant to subsection (b) shall-- (1) be managed by the Tribe for conservation and research purposes; (2) not be eligible, or considered to have been taken into trust, for any gaming activity under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq. ); (a) In General.--For the purposes of any process triggered by a requirement under NEPA regarding major Federal action on Federal land within the revised Yurok Reservation, at the Tribe's option, the Tribe shall act as a joint lead agency in accordance with a Memorandum of Understanding entered into between the lead Federal agency and the Tribe not later than 30 days after the date of notice of initiation of the process. ( c) Cooperating Agency.--For the purpose of any process triggered by a requirement under NEPA regarding a major Federal action on Federal land that may affect the revised Yurok Reservation, at the option of the Tribe, the Tribe shall act as a cooperating agency. ( (3) Tribe as an agency.--The Tribe shall be considered a State or local government agency for purposes of section 101703 of title 54, United States Code, and the Secretary shall enter into a cooperative management agreement with the Tribe pursuant to that section. ( b) Continued Access and Use Retained.--The Tribe shall not prohibit or limit, and the Secretary of the Interior shall allow, continued access and use of the Bald Hills Road in accordance with section 3(b)(1) of the Act entitled ``An Act to establish a Redwood National Park in the State of California, and for other purposes'', approved October 2, 1968 (16 U.S.C. 79c). The governing documents of the Tribe and the governing body established and elected thereunder, as recognized by the Secretary and in effect on the date of the enactment of this Act, are hereby ratified and confirmed and shall only have effect within the revised Yurok Reservation. Nothing in this Act shall increase, diminish, or otherwise affect the rights, privileges, or authorities of any federally recognized Indian Tribe in relation to any other federally recognized Indian Tribe.

To recognize tribal cooperation in the environmental review of proposed actions affecting the revised Yurok Reservation, and for other purposes. d) Government-to-Government Agreements.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Tribe-- (1) shall enter into government-to-government consultations; (2) shall develop protocols to ensure that research activities of the Forest Service on lands taken into trust pursuant to subsection (b) shall continue in perpetuity; and (3) may enter into cooperative agreements between the Secretary of Agriculture and the Tribe for the purpose of implementing this section. ( ( ); a) In General.--The Secretary shall revise the boundary of the Yurok Reservation as depicted on the map entitled ``Proposed Yurok Reservation Boundary'' and dated March 30, 2022. ( c) Cooperating Agency.--For the purpose of any process triggered by a requirement under NEPA regarding a major Federal action on Federal land that may affect the revised Yurok Reservation, at the option of the Tribe, the Tribe shall act as a cooperating agency. ( ( (4) Confirmation and authorization of cooperative agreement related to the klamath river basin.--The 2006 ``Cooperative Agreement between the Department of the Interior and the Yurok Tribe for the Cooperative Management of Tribal and Federal Lands and Resources in the Klamath River Basin of California'' is confirmed and the Secretary is authorized to take such actions as are necessary to effectuate the agreement. ( a) Designation of the Yurok Scenic Byway.--Bald Hills Road from its junction with U.S. Highway 101 to its terminus on the Klamath River shall be designated as the ``Yurok Scenic Byway'', an Indian Tribe scenic byway, and the Tribe shall be eligible for appropriate grants and technical assistance as authorized in section 162(b) of title 23, United States Code. (

To recognize tribal cooperation in the environmental review of proposed actions affecting the revised Yurok Reservation, and for other purposes. d) Government-to-Government Agreements.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Tribe-- (1) shall enter into government-to-government consultations; (2) shall develop protocols to ensure that research activities of the Forest Service on lands taken into trust pursuant to subsection (b) shall continue in perpetuity; and (3) may enter into cooperative agreements between the Secretary of Agriculture and the Tribe for the purpose of implementing this section. ( ( b) Continued Access and Use Retained.--The Tribe shall not prohibit or limit, and the Secretary of the Interior shall allow, continued access and use of the Bald Hills Road in accordance with section 3(b)(1) of the Act entitled ``An Act to establish a Redwood National Park in the State of California, and for other purposes'', approved October 2, 1968 (16 U.S.C. 79c). The governing documents of the Tribe and the governing body established and elected thereunder, as recognized by the Secretary and in effect on the date of the enactment of this Act, are hereby ratified and confirmed and shall only have effect within the revised Yurok Reservation.

To recognize tribal cooperation in the environmental review of proposed actions affecting the revised Yurok Reservation, and for other purposes. d) Government-to-Government Agreements.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Tribe-- (1) shall enter into government-to-government consultations; (2) shall develop protocols to ensure that research activities of the Forest Service on lands taken into trust pursuant to subsection (b) shall continue in perpetuity; and (3) may enter into cooperative agreements between the Secretary of Agriculture and the Tribe for the purpose of implementing this section. ( ( ); a) In General.--The Secretary shall revise the boundary of the Yurok Reservation as depicted on the map entitled ``Proposed Yurok Reservation Boundary'' and dated March 30, 2022. ( c) Cooperating Agency.--For the purpose of any process triggered by a requirement under NEPA regarding a major Federal action on Federal land that may affect the revised Yurok Reservation, at the option of the Tribe, the Tribe shall act as a cooperating agency. ( ( (4) Confirmation and authorization of cooperative agreement related to the klamath river basin.--The 2006 ``Cooperative Agreement between the Department of the Interior and the Yurok Tribe for the Cooperative Management of Tribal and Federal Lands and Resources in the Klamath River Basin of California'' is confirmed and the Secretary is authorized to take such actions as are necessary to effectuate the agreement. ( a) Designation of the Yurok Scenic Byway.--Bald Hills Road from its junction with U.S. Highway 101 to its terminus on the Klamath River shall be designated as the ``Yurok Scenic Byway'', an Indian Tribe scenic byway, and the Tribe shall be eligible for appropriate grants and technical assistance as authorized in section 162(b) of title 23, United States Code. (

Yurok Lands Act of 2022 This bill directs the Department of Agriculture (USDA) to transfer to the Secretary of the Interior administrative jurisdiction over approximately 1,229 acres in the Yurok Experimental Forest and Six Rivers National Forest in California for the benefit of the Yurk Tribe. USDA shall hold the land transferred in trust for the Tribe for conservation and research purposes. The Tribe Directs the Secretary of the Interior to enter into a cooperative agreement with the Yurok Tribe for system unit natural resource protection for the purpose of protecting natural resources of Redwood National Park and the Klamath River Basin of California. (Sec. 6) Considers the Tribe to be a State or local government agency for purposes of the Indian Self-Determination and Education Assistance Act

S.509

Social Welfare

Leveraging Integrated Networks in Communities to Address Social Needs Act of 2021 or the LINC to Address Social Needs Act of 2021 This bill requires the Department of Health and Human Services (HHS) to award grants to better integrate health care and social services using technology platforms and related infrastructure. To receive a grant, a state or territory must enter into a partnership with nonprofits and similar organizations or tribal nations. These public-private partnerships must foster the use of technology platforms by providers and payors of health care and social services to improve cross-sector coordination. This includes developing funding models to make the platforms financially self-sufficient. HHS must consult with stakeholders to develop data standards and guidelines for these grants, and the Government Accountability Office must evaluate the impact of the grants.

To establish a program to assist States in establishing or enhancing community integration network infrastructure for health and social 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 ``Leveraging Integrated Networks in Communities to Address Social Needs Act of 2021'' or the ``LINC to Address Social Needs Act of 2021''. SEC. 2. PROGRAM TO SUPPORT ESTABLISHMENT OR ENHANCEMENT OF STATE COMMUNITY INTEGRATION NETWORK INFRASTRUCTURE. (a) Grant Program.--The Secretary shall award grants on a competitive basis to States to support such States, through public- private partnerships, to establish new or enhance existing community integration network infrastructure through authorized activities under subsection (b). (b) Authorized Activities.--A State shall use a grant under this section to carry out activities and services to establish new or enhance existing community integration network infrastructure, on a statewide basis through direct network operations or collaborations among multiple associated entities, which may include such entities that operate regionally. Such activities and services shall include-- (1) establishing a new or enhancing an existing technology platform that-- (A) enables the coordination of public and private providers and payors of services for individuals in the State, including services such as-- (i) nutritional assistance; (ii) housing; (iii) health care, including preventive health intervention, chronic disease management, and behavioral health care; (iv) transportation; (v) job training; (vi) child development or care; (vii) caregiving and respite care; (viii) disability assistance; and (ix) other services, as determined by the State; (B) prioritizes connectivity with, incorporation of, and partnership with any appropriate existing technology platforms developed by public or private organizations in the State for the purposes described in subparagraph (A); and (C) ensures that-- (i) reasonable measures are taken to promote connectivity among associated entities; and (ii) appropriate privacy, security, protections are in place, in accordance with applicable Federal and State privacy laws; (2) connecting associated entities for purposes of communication, service coordination and consumer assistance, referral and capacity management, outcome tracking, and related services; (3) providing technical assistance and supporting associated entities in connecting and participating in the community integration network infrastructure; (4) planning for and implementing actions designed to create sustainable funding models to support long-term access to community integration network infrastructure; (5) designing and implementing a financial structure to make the community integration network infrastructure financially self-sustaining not later than 3 years after receiving funds under this section; and (6) evaluating the use of any funds provided under this section. (c) Award of Grants.-- (1) In general.--A grant under this Act shall be awarded under such terms and conditions as the Secretary shall prescribe, including the guidelines established under paragraph (3). (2) Minimizing administrative burden.--The Secretary shall seek to minimize the administrative burden of such terms and conditions and ensure programmatic flexibility for unique State needs. (3) Guidelines.--The Secretary shall-- (A) consult relevant stakeholders regarding basic functionalities, technical capacities, and data standards needed for community integration network infrastructure; and (B) based on such consultations, establish guidelines for awarding grants under this section, including application requirements. (d) Application.--A State desiring a grant under this section shall-- (1) enter into a public-private partnership with one or more-- (A) private, nonprofit, or philanthropic organizations; or (B) Indian Tribes, Tribal organizations, or urban Indian organizations within the State; and (2) submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may require, including-- (A) a description of the agency or department in the State government that will coordinate with and oversee the partnership established under paragraph (1); (B) a plan for the establishment or enhancement of a community integration network infrastructure including-- (i) the proposed transparent and competitive process for selecting any new operational components of the community integration network infrastructure; (ii) the planned governance structure (including representation of different types of associated entities) within the community integration network infrastructure; (iii) proposed associated entities and services to be included in the community integration network infrastructure; and (iv) a plan for accessing and linking relevant data to create community integration network infrastructure, including a description of intended sources of data; (C) assurances that the funds awarded under this section will be used solely carry out authorized activities as described in subsection (b) and other related activities; (D) potential options, including public-private partnerships in addition to the partnership described in paragraph (1), for making the community integration network infrastructure financially self-sustaining not later than 3 years after receiving funds under this section; and (E) a description of the objectives and outcome goals of developing the community integration network infrastructure, including-- (i) one or more health outcomes; (ii) one or more other important social outcomes; (iii) improved access to health care or social services; and (iv) how progress toward the outcomes described in subparagraphs (A), (B), and (C) will be measured through internal performance metrics. (e) Separate Tribal Infrastructure.--Nothing in this section shall preclude Indian Tribes, Tribal organizations, or urban Indian organizations from establishing a community integration network infrastructure that is separate from any other public-private partnership receiving funding under this section. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $150,000,000 for fiscal year 2022. (2) Administration.--Of the amounts appropriated pursuant to paragraph (1), up to $5,000,000 may be used for administrative expenses. (3) Duration of availability.--Amounts appropriated pursuant to paragraph (1) shall remain available until the date that is 5 years after the date of enactment of this Act. (g) Definitions.--In this section: (1) Associated entities.--The term ``associated entities'' means any-- (A) community-based organization that accepts referrals from health care organizations and that provides services such as-- (i) nutritional assistance; (ii) housing; (iii) health care, including preventive health intervention, chronic disease management, and behavioral health care; (iv) transportation; (v) job training; (vi) child development or care; (vii) caregiving and respite care; and (viii) disability assistance; (B) public, or nonprofit or for-profit, private health care provider organization; (C) public or private funded payor of health care services, including home- or community-based services; (D) State, local, territorial, or Tribal health and social services agency; (E) State public housing authority or housing finance agency; (F) public health information exchange or public health information network, as defined by the Secretary; or (G) other similar entity, as designated by the State. (2) Community integration network infrastructure.--The term ``community integration network infrastructure'' means infrastructure, existing on statewide basis with direct network operations or through collaborations among multiple associated entities, used to enable the coordination, alignment, and connection, of associated entities in a State, including such entities that operate regionally, for purposes of communication, service coordination, and referral management of services, with respect to services such as-- (A) nutritional assistance; (B) housing; (C) health care, including preventive health intervention, chronic disease management, and behavioral health care; (D) transportation; (E) job training; (F) child development or care; (G) caregiving and respite care; (H) disability assistance; and (I) other similar services, as designated by the State. (3) Indian tribe and tribal organization.--The terms ``Indian Tribe'' and ``Tribal organization'' have the meanings given to the terms `Indian tribe' and `tribal organization' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (4) Secretary.--The term ``Secretary'' refers to the Secretary of Health and Human Services. (5) State.--The term ``State'' means a State, territory, or the District of Columbia. (6) Urban indian organization.--The term ``urban Indian organization'' has the meaning given to the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). SEC. 3. EVALUATION, REPORT, AND RECOMMENDATIONS. (a) Evaluation.--The Comptroller General of the United States shall conduct an evaluation that-- (1) measures the overall impact of the community integration network infrastructure established or enhanced using funds received under section 2, with respect to-- (A) changes in individual and population health outcomes; (B) changes in access to health care or social services; (C) the degree of data sharing using the community integration network infrastructure established or enhanced using funds received under section 2; (D) the effectiveness of service coordination; (E) the cost-effectiveness of the provision of services; (F) any results or anticipated results on overall health and social services spending; (G) patient and consumer satisfaction with service coordination process and services received; and (H) any other relevant factors; and (2) describes how the funds received under section 2 were used. (b) Report and Recommendations.--Not later than 4 years after the date the first grant under this Act is awarded, the Comptroller General of the United States shall-- (1)(A) submit a report on the evaluation conducted under subsection (a) to Congress; and (B) make such report publicly available; and (2) based on the evaluation conducted under subsection (a), make recommendations to States and Indian Tribes, Tribal organizations, or urban Indian organizations, on how to improve and sustain community integration network infrastructure established or enhanced using funds received under section 2. <all>

LINC to Address Social Needs Act of 2021

A bill to establish a program to assist States in establishing or enhancing community integration network infrastructure for health and social services.

LINC to Address Social Needs Act of 2021 Leveraging Integrated Networks in Communities to Address Social Needs Act of 2021

Sen. Sullivan, Dan

R

AK

This bill requires the Department of Health and Human Services (HHS) to award grants to better integrate health care and social services using technology platforms and related infrastructure. To receive a grant, a state or territory must enter into a partnership with nonprofits and similar organizations or tribal nations. These public-private partnerships must foster the use of technology platforms by providers and payors of health care and social services to improve cross-sector coordination. This includes developing funding models to make the platforms financially self-sufficient. HHS must consult with stakeholders to develop data standards and guidelines for these grants, and the Government Accountability Office must evaluate the impact of the grants.

To establish a program to assist States in establishing or enhancing community integration network infrastructure for health and social services. 2. (b) Authorized Activities.--A State shall use a grant under this section to carry out activities and services to establish new or enhance existing community integration network infrastructure, on a statewide basis through direct network operations or collaborations among multiple associated entities, which may include such entities that operate regionally. (c) Award of Grants.-- (1) In general.--A grant under this Act shall be awarded under such terms and conditions as the Secretary shall prescribe, including the guidelines established under paragraph (3). (2) Administration.--Of the amounts appropriated pursuant to paragraph (1), up to $5,000,000 may be used for administrative expenses. (3) Duration of availability.--Amounts appropriated pursuant to paragraph (1) shall remain available until the date that is 5 years after the date of enactment of this Act. (g) Definitions.--In this section: (1) Associated entities.--The term ``associated entities'' means any-- (A) community-based organization that accepts referrals from health care organizations and that provides services such as-- (i) nutritional assistance; (ii) housing; (iii) health care, including preventive health intervention, chronic disease management, and behavioral health care; (iv) transportation; (v) job training; (vi) child development or care; (vii) caregiving and respite care; and (viii) disability assistance; (B) public, or nonprofit or for-profit, private health care provider organization; (C) public or private funded payor of health care services, including home- or community-based services; (D) State, local, territorial, or Tribal health and social services agency; (E) State public housing authority or housing finance agency; (F) public health information exchange or public health information network, as defined by the Secretary; or (G) other similar entity, as designated by the State. (3) Indian tribe and tribal organization.--The terms ``Indian Tribe'' and ``Tribal organization'' have the meanings given to the terms `Indian tribe' and `tribal organization' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. SEC. EVALUATION, REPORT, AND RECOMMENDATIONS. (a) Evaluation.--The Comptroller General of the United States shall conduct an evaluation that-- (1) measures the overall impact of the community integration network infrastructure established or enhanced using funds received under section 2, with respect to-- (A) changes in individual and population health outcomes; (B) changes in access to health care or social services; (C) the degree of data sharing using the community integration network infrastructure established or enhanced using funds received under section 2; (D) the effectiveness of service coordination; (E) the cost-effectiveness of the provision of services; (F) any results or anticipated results on overall health and social services spending; (G) patient and consumer satisfaction with service coordination process and services received; and (H) any other relevant factors; and (2) describes how the funds received under section 2 were used.

To establish a program to assist States in establishing or enhancing community integration network infrastructure for health and social services. 2. (b) Authorized Activities.--A State shall use a grant under this section to carry out activities and services to establish new or enhance existing community integration network infrastructure, on a statewide basis through direct network operations or collaborations among multiple associated entities, which may include such entities that operate regionally. (c) Award of Grants.-- (1) In general.--A grant under this Act shall be awarded under such terms and conditions as the Secretary shall prescribe, including the guidelines established under paragraph (3). (2) Administration.--Of the amounts appropriated pursuant to paragraph (1), up to $5,000,000 may be used for administrative expenses. (g) Definitions.--In this section: (1) Associated entities.--The term ``associated entities'' means any-- (A) community-based organization that accepts referrals from health care organizations and that provides services such as-- (i) nutritional assistance; (ii) housing; (iii) health care, including preventive health intervention, chronic disease management, and behavioral health care; (iv) transportation; (v) job training; (vi) child development or care; (vii) caregiving and respite care; and (viii) disability assistance; (B) public, or nonprofit or for-profit, private health care provider organization; (C) public or private funded payor of health care services, including home- or community-based services; (D) State, local, territorial, or Tribal health and social services agency; (E) State public housing authority or housing finance agency; (F) public health information exchange or public health information network, as defined by the Secretary; or (G) other similar entity, as designated by the State. (3) Indian tribe and tribal organization.--The terms ``Indian Tribe'' and ``Tribal organization'' have the meanings given to the terms `Indian tribe' and `tribal organization' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. SEC. EVALUATION, REPORT, AND RECOMMENDATIONS.

To establish a program to assist States in establishing or enhancing community integration network infrastructure for health and social 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 ``Leveraging Integrated Networks in Communities to Address Social Needs Act of 2021'' or the ``LINC to Address Social Needs Act of 2021''. 2. PROGRAM TO SUPPORT ESTABLISHMENT OR ENHANCEMENT OF STATE COMMUNITY INTEGRATION NETWORK INFRASTRUCTURE. (b) Authorized Activities.--A State shall use a grant under this section to carry out activities and services to establish new or enhance existing community integration network infrastructure, on a statewide basis through direct network operations or collaborations among multiple associated entities, which may include such entities that operate regionally. (c) Award of Grants.-- (1) In general.--A grant under this Act shall be awarded under such terms and conditions as the Secretary shall prescribe, including the guidelines established under paragraph (3). (2) Minimizing administrative burden.--The Secretary shall seek to minimize the administrative burden of such terms and conditions and ensure programmatic flexibility for unique State needs. (e) Separate Tribal Infrastructure.--Nothing in this section shall preclude Indian Tribes, Tribal organizations, or urban Indian organizations from establishing a community integration network infrastructure that is separate from any other public-private partnership receiving funding under this section. (2) Administration.--Of the amounts appropriated pursuant to paragraph (1), up to $5,000,000 may be used for administrative expenses. (3) Duration of availability.--Amounts appropriated pursuant to paragraph (1) shall remain available until the date that is 5 years after the date of enactment of this Act. (g) Definitions.--In this section: (1) Associated entities.--The term ``associated entities'' means any-- (A) community-based organization that accepts referrals from health care organizations and that provides services such as-- (i) nutritional assistance; (ii) housing; (iii) health care, including preventive health intervention, chronic disease management, and behavioral health care; (iv) transportation; (v) job training; (vi) child development or care; (vii) caregiving and respite care; and (viii) disability assistance; (B) public, or nonprofit or for-profit, private health care provider organization; (C) public or private funded payor of health care services, including home- or community-based services; (D) State, local, territorial, or Tribal health and social services agency; (E) State public housing authority or housing finance agency; (F) public health information exchange or public health information network, as defined by the Secretary; or (G) other similar entity, as designated by the State. (3) Indian tribe and tribal organization.--The terms ``Indian Tribe'' and ``Tribal organization'' have the meanings given to the terms `Indian tribe' and `tribal organization' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). 1603). SEC. EVALUATION, REPORT, AND RECOMMENDATIONS. (a) Evaluation.--The Comptroller General of the United States shall conduct an evaluation that-- (1) measures the overall impact of the community integration network infrastructure established or enhanced using funds received under section 2, with respect to-- (A) changes in individual and population health outcomes; (B) changes in access to health care or social services; (C) the degree of data sharing using the community integration network infrastructure established or enhanced using funds received under section 2; (D) the effectiveness of service coordination; (E) the cost-effectiveness of the provision of services; (F) any results or anticipated results on overall health and social services spending; (G) patient and consumer satisfaction with service coordination process and services received; and (H) any other relevant factors; and (2) describes how the funds received under section 2 were used.

To establish a program to assist States in establishing or enhancing community integration network infrastructure for health and social 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 ``Leveraging Integrated Networks in Communities to Address Social Needs Act of 2021'' or the ``LINC to Address Social Needs Act of 2021''. 2. PROGRAM TO SUPPORT ESTABLISHMENT OR ENHANCEMENT OF STATE COMMUNITY INTEGRATION NETWORK INFRASTRUCTURE. (b) Authorized Activities.--A State shall use a grant under this section to carry out activities and services to establish new or enhance existing community integration network infrastructure, on a statewide basis through direct network operations or collaborations among multiple associated entities, which may include such entities that operate regionally. (c) Award of Grants.-- (1) In general.--A grant under this Act shall be awarded under such terms and conditions as the Secretary shall prescribe, including the guidelines established under paragraph (3). (2) Minimizing administrative burden.--The Secretary shall seek to minimize the administrative burden of such terms and conditions and ensure programmatic flexibility for unique State needs. (3) Guidelines.--The Secretary shall-- (A) consult relevant stakeholders regarding basic functionalities, technical capacities, and data standards needed for community integration network infrastructure; and (B) based on such consultations, establish guidelines for awarding grants under this section, including application requirements. (d) Application.--A State desiring a grant under this section shall-- (1) enter into a public-private partnership with one or more-- (A) private, nonprofit, or philanthropic organizations; or (B) Indian Tribes, Tribal organizations, or urban Indian organizations within the State; and (2) submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may require, including-- (A) a description of the agency or department in the State government that will coordinate with and oversee the partnership established under paragraph (1); (B) a plan for the establishment or enhancement of a community integration network infrastructure including-- (i) the proposed transparent and competitive process for selecting any new operational components of the community integration network infrastructure; (ii) the planned governance structure (including representation of different types of associated entities) within the community integration network infrastructure; (iii) proposed associated entities and services to be included in the community integration network infrastructure; and (iv) a plan for accessing and linking relevant data to create community integration network infrastructure, including a description of intended sources of data; (C) assurances that the funds awarded under this section will be used solely carry out authorized activities as described in subsection (b) and other related activities; (D) potential options, including public-private partnerships in addition to the partnership described in paragraph (1), for making the community integration network infrastructure financially self-sustaining not later than 3 years after receiving funds under this section; and (E) a description of the objectives and outcome goals of developing the community integration network infrastructure, including-- (i) one or more health outcomes; (ii) one or more other important social outcomes; (iii) improved access to health care or social services; and (iv) how progress toward the outcomes described in subparagraphs (A), (B), and (C) will be measured through internal performance metrics. (e) Separate Tribal Infrastructure.--Nothing in this section shall preclude Indian Tribes, Tribal organizations, or urban Indian organizations from establishing a community integration network infrastructure that is separate from any other public-private partnership receiving funding under this section. (2) Administration.--Of the amounts appropriated pursuant to paragraph (1), up to $5,000,000 may be used for administrative expenses. (3) Duration of availability.--Amounts appropriated pursuant to paragraph (1) shall remain available until the date that is 5 years after the date of enactment of this Act. (g) Definitions.--In this section: (1) Associated entities.--The term ``associated entities'' means any-- (A) community-based organization that accepts referrals from health care organizations and that provides services such as-- (i) nutritional assistance; (ii) housing; (iii) health care, including preventive health intervention, chronic disease management, and behavioral health care; (iv) transportation; (v) job training; (vi) child development or care; (vii) caregiving and respite care; and (viii) disability assistance; (B) public, or nonprofit or for-profit, private health care provider organization; (C) public or private funded payor of health care services, including home- or community-based services; (D) State, local, territorial, or Tribal health and social services agency; (E) State public housing authority or housing finance agency; (F) public health information exchange or public health information network, as defined by the Secretary; or (G) other similar entity, as designated by the State. (3) Indian tribe and tribal organization.--The terms ``Indian Tribe'' and ``Tribal organization'' have the meanings given to the terms `Indian tribe' and `tribal organization' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). 1603). SEC. EVALUATION, REPORT, AND RECOMMENDATIONS. (a) Evaluation.--The Comptroller General of the United States shall conduct an evaluation that-- (1) measures the overall impact of the community integration network infrastructure established or enhanced using funds received under section 2, with respect to-- (A) changes in individual and population health outcomes; (B) changes in access to health care or social services; (C) the degree of data sharing using the community integration network infrastructure established or enhanced using funds received under section 2; (D) the effectiveness of service coordination; (E) the cost-effectiveness of the provision of services; (F) any results or anticipated results on overall health and social services spending; (G) patient and consumer satisfaction with service coordination process and services received; and (H) any other relevant factors; and (2) describes how the funds received under section 2 were used.

To establish a program to assist States in establishing or enhancing community integration network infrastructure for health and social services. b) Authorized Activities.--A State shall use a grant under this section to carry out activities and services to establish new or enhance existing community integration network infrastructure, on a statewide basis through direct network operations or collaborations among multiple associated entities, which may include such entities that operate regionally. (c) Award of Grants.-- (1) In general.--A grant under this Act shall be awarded under such terms and conditions as the Secretary shall prescribe, including the guidelines established under paragraph (3). ( 2) Minimizing administrative burden.--The Secretary shall seek to minimize the administrative burden of such terms and conditions and ensure programmatic flexibility for unique State needs. ( (e) Separate Tribal Infrastructure.--Nothing in this section shall preclude Indian Tribes, Tribal organizations, or urban Indian organizations from establishing a community integration network infrastructure that is separate from any other public-private partnership receiving funding under this section. ( f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $150,000,000 for fiscal year 2022. ( 3) Indian tribe and tribal organization.--The terms ``Indian Tribe'' and ``Tribal organization'' have the meanings given to the terms `Indian tribe' and `tribal organization' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ( 6) Urban indian organization.--The term ``urban Indian organization'' has the meaning given to the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). b) Report and Recommendations.--Not later than 4 years after the date the first grant under this Act is awarded, the Comptroller General of the United States shall-- (1)(A) submit a report on the evaluation conducted under subsection (a) to Congress; and (B) make such report publicly available; and (2) based on the evaluation conducted under subsection (a), make recommendations to States and Indian Tribes, Tribal organizations, or urban Indian organizations, on how to improve and sustain community integration network infrastructure established or enhanced using funds received under section 2.

To establish a program to assist States in establishing or enhancing community integration network infrastructure for health and social services. b) Authorized Activities.--A State shall use a grant under this section to carry out activities and services to establish new or enhance existing community integration network infrastructure, on a statewide basis through direct network operations or collaborations among multiple associated entities, which may include such entities that operate regionally. c) Award of Grants.-- (1) In general.--A grant under this Act shall be awarded under such terms and conditions as the Secretary shall prescribe, including the guidelines established under paragraph (3). ( 2) Minimizing administrative burden.--The Secretary shall seek to minimize the administrative burden of such terms and conditions and ensure programmatic flexibility for unique State needs. ( e) Separate Tribal Infrastructure.--Nothing in this section shall preclude Indian Tribes, Tribal organizations, or urban Indian organizations from establishing a community integration network infrastructure that is separate from any other public-private partnership receiving funding under this section. ( f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $150,000,000 for fiscal year 2022. (2) Administration.--Of the amounts appropriated pursuant to paragraph (1), up to $5,000,000 may be used for administrative expenses. ( 3) Duration of availability.--Amounts appropriated pursuant to paragraph (1) shall remain available until the date that is 5 years after the date of enactment of this Act. ( (6) Urban indian organization.--The term ``urban Indian organization'' has the meaning given to the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). EVALUATION, REPORT, AND RECOMMENDATIONS. (

To establish a program to assist States in establishing or enhancing community integration network infrastructure for health and social services. b) Authorized Activities.--A State shall use a grant under this section to carry out activities and services to establish new or enhance existing community integration network infrastructure, on a statewide basis through direct network operations or collaborations among multiple associated entities, which may include such entities that operate regionally. c) Award of Grants.-- (1) In general.--A grant under this Act shall be awarded under such terms and conditions as the Secretary shall prescribe, including the guidelines established under paragraph (3). ( 2) Minimizing administrative burden.--The Secretary shall seek to minimize the administrative burden of such terms and conditions and ensure programmatic flexibility for unique State needs. ( e) Separate Tribal Infrastructure.--Nothing in this section shall preclude Indian Tribes, Tribal organizations, or urban Indian organizations from establishing a community integration network infrastructure that is separate from any other public-private partnership receiving funding under this section. ( f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $150,000,000 for fiscal year 2022. (2) Administration.--Of the amounts appropriated pursuant to paragraph (1), up to $5,000,000 may be used for administrative expenses. ( 3) Duration of availability.--Amounts appropriated pursuant to paragraph (1) shall remain available until the date that is 5 years after the date of enactment of this Act. ( (6) Urban indian organization.--The term ``urban Indian organization'' has the meaning given to the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). EVALUATION, REPORT, AND RECOMMENDATIONS. (

To establish a program to assist States in establishing or enhancing community integration network infrastructure for health and social services. b) Authorized Activities.--A State shall use a grant under this section to carry out activities and services to establish new or enhance existing community integration network infrastructure, on a statewide basis through direct network operations or collaborations among multiple associated entities, which may include such entities that operate regionally. (c) Award of Grants.-- (1) In general.--A grant under this Act shall be awarded under such terms and conditions as the Secretary shall prescribe, including the guidelines established under paragraph (3). ( 2) Minimizing administrative burden.--The Secretary shall seek to minimize the administrative burden of such terms and conditions and ensure programmatic flexibility for unique State needs. ( (e) Separate Tribal Infrastructure.--Nothing in this section shall preclude Indian Tribes, Tribal organizations, or urban Indian organizations from establishing a community integration network infrastructure that is separate from any other public-private partnership receiving funding under this section. ( f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $150,000,000 for fiscal year 2022. ( 3) Indian tribe and tribal organization.--The terms ``Indian Tribe'' and ``Tribal organization'' have the meanings given to the terms `Indian tribe' and `tribal organization' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ( 6) Urban indian organization.--The term ``urban Indian organization'' has the meaning given to the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). b) Report and Recommendations.--Not later than 4 years after the date the first grant under this Act is awarded, the Comptroller General of the United States shall-- (1)(A) submit a report on the evaluation conducted under subsection (a) to Congress; and (B) make such report publicly available; and (2) based on the evaluation conducted under subsection (a), make recommendations to States and Indian Tribes, Tribal organizations, or urban Indian organizations, on how to improve and sustain community integration network infrastructure established or enhanced using funds received under section 2.

To establish a program to assist States in establishing or enhancing community integration network infrastructure for health and social services. b) Authorized Activities.--A State shall use a grant under this section to carry out activities and services to establish new or enhance existing community integration network infrastructure, on a statewide basis through direct network operations or collaborations among multiple associated entities, which may include such entities that operate regionally. c) Award of Grants.-- (1) In general.--A grant under this Act shall be awarded under such terms and conditions as the Secretary shall prescribe, including the guidelines established under paragraph (3). ( 2) Minimizing administrative burden.--The Secretary shall seek to minimize the administrative burden of such terms and conditions and ensure programmatic flexibility for unique State needs. ( e) Separate Tribal Infrastructure.--Nothing in this section shall preclude Indian Tribes, Tribal organizations, or urban Indian organizations from establishing a community integration network infrastructure that is separate from any other public-private partnership receiving funding under this section. ( f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $150,000,000 for fiscal year 2022. (2) Administration.--Of the amounts appropriated pursuant to paragraph (1), up to $5,000,000 may be used for administrative expenses. ( 3) Duration of availability.--Amounts appropriated pursuant to paragraph (1) shall remain available until the date that is 5 years after the date of enactment of this Act. ( (6) Urban indian organization.--The term ``urban Indian organization'' has the meaning given to the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). EVALUATION, REPORT, AND RECOMMENDATIONS. (

To establish a program to assist States in establishing or enhancing community integration network infrastructure for health and social services. b) Authorized Activities.--A State shall use a grant under this section to carry out activities and services to establish new or enhance existing community integration network infrastructure, on a statewide basis through direct network operations or collaborations among multiple associated entities, which may include such entities that operate regionally. (c) Award of Grants.-- (1) In general.--A grant under this Act shall be awarded under such terms and conditions as the Secretary shall prescribe, including the guidelines established under paragraph (3). ( 2) Minimizing administrative burden.--The Secretary shall seek to minimize the administrative burden of such terms and conditions and ensure programmatic flexibility for unique State needs. ( (e) Separate Tribal Infrastructure.--Nothing in this section shall preclude Indian Tribes, Tribal organizations, or urban Indian organizations from establishing a community integration network infrastructure that is separate from any other public-private partnership receiving funding under this section. ( f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $150,000,000 for fiscal year 2022. ( 3) Indian tribe and tribal organization.--The terms ``Indian Tribe'' and ``Tribal organization'' have the meanings given to the terms `Indian tribe' and `tribal organization' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ( 6) Urban indian organization.--The term ``urban Indian organization'' has the meaning given to the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). b) Report and Recommendations.--Not later than 4 years after the date the first grant under this Act is awarded, the Comptroller General of the United States shall-- (1)(A) submit a report on the evaluation conducted under subsection (a) to Congress; and (B) make such report publicly available; and (2) based on the evaluation conducted under subsection (a), make recommendations to States and Indian Tribes, Tribal organizations, or urban Indian organizations, on how to improve and sustain community integration network infrastructure established or enhanced using funds received under section 2.

To establish a program to assist States in establishing or enhancing community integration network infrastructure for health and social services. b) Authorized Activities.--A State shall use a grant under this section to carry out activities and services to establish new or enhance existing community integration network infrastructure, on a statewide basis through direct network operations or collaborations among multiple associated entities, which may include such entities that operate regionally. c) Award of Grants.-- (1) In general.--A grant under this Act shall be awarded under such terms and conditions as the Secretary shall prescribe, including the guidelines established under paragraph (3). ( 2) Minimizing administrative burden.--The Secretary shall seek to minimize the administrative burden of such terms and conditions and ensure programmatic flexibility for unique State needs. ( e) Separate Tribal Infrastructure.--Nothing in this section shall preclude Indian Tribes, Tribal organizations, or urban Indian organizations from establishing a community integration network infrastructure that is separate from any other public-private partnership receiving funding under this section. ( f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $150,000,000 for fiscal year 2022. (2) Administration.--Of the amounts appropriated pursuant to paragraph (1), up to $5,000,000 may be used for administrative expenses. ( 3) Duration of availability.--Amounts appropriated pursuant to paragraph (1) shall remain available until the date that is 5 years after the date of enactment of this Act. ( (6) Urban indian organization.--The term ``urban Indian organization'' has the meaning given to the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). EVALUATION, REPORT, AND RECOMMENDATIONS. (

To establish a program to assist States in establishing or enhancing community integration network infrastructure for health and social services. b) Authorized Activities.--A State shall use a grant under this section to carry out activities and services to establish new or enhance existing community integration network infrastructure, on a statewide basis through direct network operations or collaborations among multiple associated entities, which may include such entities that operate regionally. (c) Award of Grants.-- (1) In general.--A grant under this Act shall be awarded under such terms and conditions as the Secretary shall prescribe, including the guidelines established under paragraph (3). ( 2) Minimizing administrative burden.--The Secretary shall seek to minimize the administrative burden of such terms and conditions and ensure programmatic flexibility for unique State needs. ( (e) Separate Tribal Infrastructure.--Nothing in this section shall preclude Indian Tribes, Tribal organizations, or urban Indian organizations from establishing a community integration network infrastructure that is separate from any other public-private partnership receiving funding under this section. ( f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $150,000,000 for fiscal year 2022. ( 3) Indian tribe and tribal organization.--The terms ``Indian Tribe'' and ``Tribal organization'' have the meanings given to the terms `Indian tribe' and `tribal organization' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ( 6) Urban indian organization.--The term ``urban Indian organization'' has the meaning given to the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). b) Report and Recommendations.--Not later than 4 years after the date the first grant under this Act is awarded, the Comptroller General of the United States shall-- (1)(A) submit a report on the evaluation conducted under subsection (a) to Congress; and (B) make such report publicly available; and (2) based on the evaluation conducted under subsection (a), make recommendations to States and Indian Tribes, Tribal organizations, or urban Indian organizations, on how to improve and sustain community integration network infrastructure established or enhanced using funds received under section 2.

To establish a program to assist States in establishing or enhancing community integration network infrastructure for health and social services. b) Authorized Activities.--A State shall use a grant under this section to carry out activities and services to establish new or enhance existing community integration network infrastructure, on a statewide basis through direct network operations or collaborations among multiple associated entities, which may include such entities that operate regionally. c) Award of Grants.-- (1) In general.--A grant under this Act shall be awarded under such terms and conditions as the Secretary shall prescribe, including the guidelines established under paragraph (3). ( 2) Minimizing administrative burden.--The Secretary shall seek to minimize the administrative burden of such terms and conditions and ensure programmatic flexibility for unique State needs. ( e) Separate Tribal Infrastructure.--Nothing in this section shall preclude Indian Tribes, Tribal organizations, or urban Indian organizations from establishing a community integration network infrastructure that is separate from any other public-private partnership receiving funding under this section. ( f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $150,000,000 for fiscal year 2022. (2) Administration.--Of the amounts appropriated pursuant to paragraph (1), up to $5,000,000 may be used for administrative expenses. ( 3) Duration of availability.--Amounts appropriated pursuant to paragraph (1) shall remain available until the date that is 5 years after the date of enactment of this Act. ( (6) Urban indian organization.--The term ``urban Indian organization'' has the meaning given to the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). EVALUATION, REPORT, AND RECOMMENDATIONS. (

To establish a program to assist States in establishing or enhancing community integration network infrastructure for health and social services. b) Authorized Activities.--A State shall use a grant under this section to carry out activities and services to establish new or enhance existing community integration network infrastructure, on a statewide basis through direct network operations or collaborations among multiple associated entities, which may include such entities that operate regionally. (c) Award of Grants.-- (1) In general.--A grant under this Act shall be awarded under such terms and conditions as the Secretary shall prescribe, including the guidelines established under paragraph (3). ( 2) Minimizing administrative burden.--The Secretary shall seek to minimize the administrative burden of such terms and conditions and ensure programmatic flexibility for unique State needs. ( (e) Separate Tribal Infrastructure.--Nothing in this section shall preclude Indian Tribes, Tribal organizations, or urban Indian organizations from establishing a community integration network infrastructure that is separate from any other public-private partnership receiving funding under this section. ( f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $150,000,000 for fiscal year 2022. ( 3) Indian tribe and tribal organization.--The terms ``Indian Tribe'' and ``Tribal organization'' have the meanings given to the terms `Indian tribe' and `tribal organization' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ( 6) Urban indian organization.--The term ``urban Indian organization'' has the meaning given to the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). b) Report and Recommendations.--Not later than 4 years after the date the first grant under this Act is awarded, the Comptroller General of the United States shall-- (1)(A) submit a report on the evaluation conducted under subsection (a) to Congress; and (B) make such report publicly available; and (2) based on the evaluation conducted under subsection (a), make recommendations to States and Indian Tribes, Tribal organizations, or urban Indian organizations, on how to improve and sustain community integration network infrastructure established or enhanced using funds received under section 2.

Leveraging Integrated Networks in Communities to Address Social Needs Act of 2021 or the LINC to Address social Needs Act (Sec. 2) This bill directs the Department of Health and Human Services (HHS) to award competitive grants on a competitive basis to states to support such states, through public-private partnerships, to establish new or enhance existing community integration network infrastructure for health and Directs the Comptroller General to: (1) evaluate the overall impact of the community integration network infrastructure established or enhanced using funds under this Act; (2) make recommendations to States and Indian Tribes, Tribal organizations, or urban Indian organizations on how to improve and sustain such infrastructure; and (3) report to Congress on how the funds were used. (Sec. 3)

H.R.3525

Arts, Culture, Religion

Commission To Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act This bill establishes a Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture. The commission must (1) report recommendations for a plan of action for the establishment and maintenance of a National Museum of Asian Pacific American History and Culture in Washington, DC; (2) develop a fundraising plan to support the establishment, operation, and maintenance of the museum through public contributions; (3) obtain an independent review of this fundraising plan, including an analysis of the resources necessary to fund the construction of the museum and its operations and maintenance in perpetuity without reliance on federal funds; and (4) submit a legislative plan of action to establish and construct the museum. The commission may convene a national conference relating to the museum. The commission shall be solely responsible for acceptance of contributions to it and payment of its expenses. No federal funding may be obligated to carry out this bill.

[117th Congress Public Law 140] [From the U.S. Government Publishing Office] [[Page 136 STAT. 1259]] Public Law 117-140 117th Congress An Act To establish the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture, and for other purposes. <<NOTE: June 13, 2022 - [H.R. 3525]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Commission To Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission To Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) In General.--There is established the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture (hereafter in this Act referred to as the ``Commission''). (b) <<NOTE: Appointments.>> Membership.--The Commission shall be composed of 8 members, of whom-- (1) 2 members shall be appointed by the majority leader of the Senate; (2) 2 members shall be appointed by the Speaker of the House of Representatives; (3) 2 members shall be appointed by the minority leader of the Senate; and (4) 2 members shall be appointed by the minority leader of the House of Representatives. (c) Qualifications.--Members of the Commission shall be appointed to the Commission from among individuals, or representatives of institutions or entities, who possess-- (1)(A) a demonstrated commitment to the research, study, or promotion of Asian Pacific American history, art, political or economic status, or culture; and (B)(i) expertise in museum administration; (ii) expertise in fundraising for nonprofit or cultural institutions; (iii) experience in the study and teaching of Asian Pacific American history; (iv) experience in studying the issue of the representation of Asian Pacific Americans in art, life, history, and culture at the Smithsonian Institution; or (v) extensive experience in public or elected service; (2) experience in the administration of, or the planning for, the establishment of, museums; or (3) experience in the planning, design, or construction of museum facilities. [[Page 136 STAT. 1260]] (d) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. (e) Vacancies.--A vacancy in the Commission-- (1) shall not affect the powers of the Commission; and (2) shall be filled in the same manner as the original appointment was made. (f) Chairperson.--The Commission shall, by majority vote of all of the members, select 1 member of the Commission to serve as the Chairperson of the Commission. (g) Prohibition.--No employee of the Federal Government may serve as a member of the Commission. SEC. 3. DUTIES OF THE COMMISSION. (a) Reports.-- (1) <<NOTE: Recommenda- tions.>> Plan of action.--The Commission shall submit to the President and Congress a report containing the recommendations of the Commission with respect to a plan of action regarding the feasibility of establishing and maintaining a National Museum of Asian Pacific American History and Culture in Washington, DC, and its environs (hereafter in this Act referred to as the ``Museum''). (2) Report on issues.--The Commission shall submit to the President and Congress a report that addresses the following issues: (A) The availability and cost of collections to be acquired and housed in the Museum. (B) The impact of the Museum on existing Asian Pacific American history-related museums. (C) <<NOTE: Consultation.>> In consultation with the Smithsonian Institution, develop criteria for evaluating possible locations for the Museum in Washington, DC, and its environs. (D) The feasibility of the Museum becoming part of the Smithsonian Institution, taking into account the Museum's potential impact on the Smithsonian's existing facilities maintenance backlog, collections storage needs, and identified construction or renovation costs for new or existing museums. (E) The governance and organizational structure from which the Museum should operate. (F) Best practices for engaging Asian Pacific Americans in the development and design of the Museum. (G) The cost of constructing, operating, and maintaining the Museum. (3) Deadline.--The reports required under paragraphs (1) and (2) shall be submitted not later than the date that is 18 months after the date of the first meeting of the Commission. (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan that will address the ability to support the establishment, operation, and maintenance of the Museum through contributions from the public. (2) Considerations.--In developing the fundraising plan under paragraph (1), the Commission shall consider issues relating to funding the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. [[Page 136 STAT. 1261]] (3) Independent review.--The Commission shall obtain an independent review of the viability of the plan developed under paragraph (1) and such review shall include an analysis as to whether the plan is able to achieve the level of resources necessary to fund the construction of the Museum and the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. (4) Submission.--The Commission shall submit the plan developed under paragraph (1) and the review conducted under paragraph (3) to the Committees on House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate. (c) Legislation To Carry Out Plan of Action.--Based on the recommendations contained in the report submitted under paragraphs (1) and (2) of subsection (a), the Commission shall submit for consideration to the Committees on House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate recommendations for a legislative plan of action on the feasibility of establishing and constructing the Museum. (d) <<NOTE: Deadline.>> National Conference.--Not later than 18 months after the date on which the initial members of the Commission are appointed under section 2, the Commission may, in carrying out the duties of the Commission under this section, convene a national conference relating to the Museum, to be comprised of individuals committed to the advancement of the life, art, history, and culture of Asian Pacific Americans. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) Compensation.-- (1) In general.--A member of the Commission-- (A) shall not be considered to be a Federal employee for any purpose by reason of service on the Commission; and (B) shall serve without pay. (2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (3) Gifts, bequests, and devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or real or personal property for the purpose of aiding or facilitating the work of the Commission. (4) Federal advisory committee act.--The Commission shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (b) Termination.--The Commission shall terminate on the date that is 30 days after the date on which the final versions of the reports required under section 3 are submitted. (c) Funding.-- (1) In general.--The Commission shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the Commission. [[Page 136 STAT. 1262]] (2) Prohibition.--No Federal funds may be obligated to carry out this Act. (d) Director and Staff of Commission.-- (1) Director and staff.-- (A) In general.--The Commission may employ and compensate an executive director and any other additional personnel that are necessary to enable the Commission to perform the duties of the Commission. (B) Rates of pay.--Rates of pay for persons employed under subparagraph (A) shall be consistent with the rates of pay allowed for employees of a temporary organization under section 3161 of title 5, United States Code. (2) Not federal employment.--Any individual employed under this section shall not be considered a Federal employee for the purpose of any law governing Federal employment. (3) Technical assistance.-- (A) In general.--Subject to subparagraph (B), on request of the Commission, the head of a Federal agency may provide technical assistance to the Commission. (B) Prohibition.--No Federal employees may be detailed to the Commission. SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Approved June 13, 2022. LEGISLATIVE HISTORY--H.R. 3525: --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-297, Pt. 1 (Comm. on Natural Resources). CONGRESSIONAL RECORD, Vol. 168 (2022): Apr. 26, considered and passed House. May 19, considered and passed Senate. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022): June 13, Presidential remarks. <all>

Commission To Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act

To establish the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture, and for other purposes.

Commission To Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act Commission To Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act Commission To Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act Commission To Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act

Rep. Meng, Grace

D

NY

This bill establishes a Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture. The commission must (1) report recommendations for a plan of action for the establishment and maintenance of a National Museum of Asian Pacific American History and Culture in Washington, DC; (2) develop a fundraising plan to support the establishment, operation, and maintenance of the museum through public contributions; (3) obtain an independent review of this fundraising plan, including an analysis of the resources necessary to fund the construction of the museum and its operations and maintenance in perpetuity without reliance on federal funds; and (4) submit a legislative plan of action to establish and construct the museum. The commission may convene a national conference relating to the museum. The commission shall be solely responsible for acceptance of contributions to it and payment of its expenses. No federal funding may be obligated to carry out this bill.

1259]] Public Law 117-140 117th Congress An Act To establish the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture, and for other purposes. <<NOTE: June 13, 2022 - [H.R. 2. ESTABLISHMENT OF COMMISSION. 1260]] (d) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. (f) Chairperson.--The Commission shall, by majority vote of all of the members, select 1 member of the Commission to serve as the Chairperson of the Commission. 3. DUTIES OF THE COMMISSION. (B) The impact of the Museum on existing Asian Pacific American history-related museums. (C) <<NOTE: Consultation.>> In consultation with the Smithsonian Institution, develop criteria for evaluating possible locations for the Museum in Washington, DC, and its environs. (E) The governance and organizational structure from which the Museum should operate. (G) The cost of constructing, operating, and maintaining the Museum. (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan that will address the ability to support the establishment, operation, and maintenance of the Museum through contributions from the public. (4) Submission.--The Commission shall submit the plan developed under paragraph (1) and the review conducted under paragraph (3) to the Committees on House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate. ADMINISTRATIVE PROVISIONS. (3) Gifts, bequests, and devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or real or personal property for the purpose of aiding or facilitating the work of the Commission. (4) Federal advisory committee act.--The Commission shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). [[Page 136 STAT. 1262]] (2) Prohibition.--No Federal funds may be obligated to carry out this Act. (d) Director and Staff of Commission.-- (1) Director and staff.-- (A) In general.--The Commission may employ and compensate an executive director and any other additional personnel that are necessary to enable the Commission to perform the duties of the Commission. (B) Rates of pay.--Rates of pay for persons employed under subparagraph (A) shall be consistent with the rates of pay allowed for employees of a temporary organization under section 3161 of title 5, United States Code. SEC. DETERMINATION OF BUDGETARY EFFECTS. 3525: --------------------------------------------------------------------------- HOUSE REPORTS: No. 1 (Comm. on Natural Resources). CONGRESSIONAL RECORD, Vol. May 19, considered and passed Senate.

1259]] Public Law 117-140 117th Congress An Act To establish the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture, and for other purposes. <<NOTE: June 13, 2022 - [H.R. 2. ESTABLISHMENT OF COMMISSION. 1260]] (d) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. 3. DUTIES OF THE COMMISSION. (B) The impact of the Museum on existing Asian Pacific American history-related museums. (C) <<NOTE: Consultation.>> In consultation with the Smithsonian Institution, develop criteria for evaluating possible locations for the Museum in Washington, DC, and its environs. (G) The cost of constructing, operating, and maintaining the Museum. (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan that will address the ability to support the establishment, operation, and maintenance of the Museum through contributions from the public. (4) Submission.--The Commission shall submit the plan developed under paragraph (1) and the review conducted under paragraph (3) to the Committees on House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate. (3) Gifts, bequests, and devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or real or personal property for the purpose of aiding or facilitating the work of the Commission. (4) Federal advisory committee act.--The Commission shall not be subject to the Federal Advisory Committee Act (5 U.S.C. [[Page 136 STAT. 1262]] (2) Prohibition.--No Federal funds may be obligated to carry out this Act. (B) Rates of pay.--Rates of pay for persons employed under subparagraph (A) shall be consistent with the rates of pay allowed for employees of a temporary organization under section 3161 of title 5, United States Code. SEC. DETERMINATION OF BUDGETARY EFFECTS. 3525: --------------------------------------------------------------------------- HOUSE REPORTS: No. 1 (Comm. on Natural Resources). CONGRESSIONAL RECORD, Vol. May 19, considered and passed Senate.

1259]] Public Law 117-140 117th Congress An Act To establish the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture, and for other purposes. <<NOTE: June 13, 2022 - [H.R. 2. ESTABLISHMENT OF COMMISSION. (c) Qualifications.--Members of the Commission shall be appointed to the Commission from among individuals, or representatives of institutions or entities, who possess-- (1)(A) a demonstrated commitment to the research, study, or promotion of Asian Pacific American history, art, political or economic status, or culture; and (B)(i) expertise in museum administration; (ii) expertise in fundraising for nonprofit or cultural institutions; (iii) experience in the study and teaching of Asian Pacific American history; (iv) experience in studying the issue of the representation of Asian Pacific Americans in art, life, history, and culture at the Smithsonian Institution; or (v) extensive experience in public or elected service; (2) experience in the administration of, or the planning for, the establishment of, museums; or (3) experience in the planning, design, or construction of museum facilities. 1260]] (d) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. (f) Chairperson.--The Commission shall, by majority vote of all of the members, select 1 member of the Commission to serve as the Chairperson of the Commission. 3. DUTIES OF THE COMMISSION. (a) Reports.-- (1) <<NOTE: Recommenda- tions.>> Plan of action.--The Commission shall submit to the President and Congress a report containing the recommendations of the Commission with respect to a plan of action regarding the feasibility of establishing and maintaining a National Museum of Asian Pacific American History and Culture in Washington, DC, and its environs (hereafter in this Act referred to as the ``Museum''). (B) The impact of the Museum on existing Asian Pacific American history-related museums. (C) <<NOTE: Consultation.>> In consultation with the Smithsonian Institution, develop criteria for evaluating possible locations for the Museum in Washington, DC, and its environs. (E) The governance and organizational structure from which the Museum should operate. (G) The cost of constructing, operating, and maintaining the Museum. (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan that will address the ability to support the establishment, operation, and maintenance of the Museum through contributions from the public. (4) Submission.--The Commission shall submit the plan developed under paragraph (1) and the review conducted under paragraph (3) to the Committees on House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate. ADMINISTRATIVE PROVISIONS. (2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (3) Gifts, bequests, and devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or real or personal property for the purpose of aiding or facilitating the work of the Commission. (4) Federal advisory committee act.--The Commission shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). [[Page 136 STAT. 1262]] (2) Prohibition.--No Federal funds may be obligated to carry out this Act. (d) Director and Staff of Commission.-- (1) Director and staff.-- (A) In general.--The Commission may employ and compensate an executive director and any other additional personnel that are necessary to enable the Commission to perform the duties of the Commission. (B) Rates of pay.--Rates of pay for persons employed under subparagraph (A) shall be consistent with the rates of pay allowed for employees of a temporary organization under section 3161 of title 5, United States Code. SEC. 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. 3525: --------------------------------------------------------------------------- HOUSE REPORTS: No. 1 (Comm. on Natural Resources). CONGRESSIONAL RECORD, Vol. May 19, considered and passed Senate. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022): June 13, Presidential remarks.

1259]] Public Law 117-140 117th Congress An Act To establish the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture, and for other purposes. <<NOTE: June 13, 2022 - [H.R. SHORT TITLE. 2. ESTABLISHMENT OF COMMISSION. (b) <<NOTE: Appointments.>> Membership.--The Commission shall be composed of 8 members, of whom-- (1) 2 members shall be appointed by the majority leader of the Senate; (2) 2 members shall be appointed by the Speaker of the House of Representatives; (3) 2 members shall be appointed by the minority leader of the Senate; and (4) 2 members shall be appointed by the minority leader of the House of Representatives. (c) Qualifications.--Members of the Commission shall be appointed to the Commission from among individuals, or representatives of institutions or entities, who possess-- (1)(A) a demonstrated commitment to the research, study, or promotion of Asian Pacific American history, art, political or economic status, or culture; and (B)(i) expertise in museum administration; (ii) expertise in fundraising for nonprofit or cultural institutions; (iii) experience in the study and teaching of Asian Pacific American history; (iv) experience in studying the issue of the representation of Asian Pacific Americans in art, life, history, and culture at the Smithsonian Institution; or (v) extensive experience in public or elected service; (2) experience in the administration of, or the planning for, the establishment of, museums; or (3) experience in the planning, design, or construction of museum facilities. 1260]] (d) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. (e) Vacancies.--A vacancy in the Commission-- (1) shall not affect the powers of the Commission; and (2) shall be filled in the same manner as the original appointment was made. (f) Chairperson.--The Commission shall, by majority vote of all of the members, select 1 member of the Commission to serve as the Chairperson of the Commission. 3. DUTIES OF THE COMMISSION. (a) Reports.-- (1) <<NOTE: Recommenda- tions.>> Plan of action.--The Commission shall submit to the President and Congress a report containing the recommendations of the Commission with respect to a plan of action regarding the feasibility of establishing and maintaining a National Museum of Asian Pacific American History and Culture in Washington, DC, and its environs (hereafter in this Act referred to as the ``Museum''). (B) The impact of the Museum on existing Asian Pacific American history-related museums. (C) <<NOTE: Consultation.>> In consultation with the Smithsonian Institution, develop criteria for evaluating possible locations for the Museum in Washington, DC, and its environs. (D) The feasibility of the Museum becoming part of the Smithsonian Institution, taking into account the Museum's potential impact on the Smithsonian's existing facilities maintenance backlog, collections storage needs, and identified construction or renovation costs for new or existing museums. (E) The governance and organizational structure from which the Museum should operate. (G) The cost of constructing, operating, and maintaining the Museum. (3) Deadline.--The reports required under paragraphs (1) and (2) shall be submitted not later than the date that is 18 months after the date of the first meeting of the Commission. (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan that will address the ability to support the establishment, operation, and maintenance of the Museum through contributions from the public. (2) Considerations.--In developing the fundraising plan under paragraph (1), the Commission shall consider issues relating to funding the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. (4) Submission.--The Commission shall submit the plan developed under paragraph (1) and the review conducted under paragraph (3) to the Committees on House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate. ADMINISTRATIVE PROVISIONS. (2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (3) Gifts, bequests, and devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or real or personal property for the purpose of aiding or facilitating the work of the Commission. (4) Federal advisory committee act.--The Commission shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). [[Page 136 STAT. 1262]] (2) Prohibition.--No Federal funds may be obligated to carry out this Act. (d) Director and Staff of Commission.-- (1) Director and staff.-- (A) In general.--The Commission may employ and compensate an executive director and any other additional personnel that are necessary to enable the Commission to perform the duties of the Commission. (B) Rates of pay.--Rates of pay for persons employed under subparagraph (A) shall be consistent with the rates of pay allowed for employees of a temporary organization under section 3161 of title 5, United States Code. (3) Technical assistance.-- (A) In general.--Subject to subparagraph (B), on request of the Commission, the head of a Federal agency may provide technical assistance to the Commission. SEC. 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. LEGISLATIVE HISTORY--H.R. 3525: --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-297, Pt. 1 (Comm. on Natural Resources). CONGRESSIONAL RECORD, Vol. 168 (2022): Apr. May 19, considered and passed Senate. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022): June 13, Presidential remarks.

[117th Congress Public Law 140] [From the U.S. Government Publishing Office] [[Page 136 STAT. 1259]] Public Law 117-140 117th Congress An Act To establish the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture, and for other purposes. 1260]] (d) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. ( f) Chairperson.--The Commission shall, by majority vote of all of the members, select 1 member of the Commission to serve as the Chairperson of the Commission. ( (a) Reports.-- (1) <<NOTE: Recommenda- tions. 2) Report on issues.--The Commission shall submit to the President and Congress a report that addresses the following issues: (A) The availability and cost of collections to be acquired and housed in the Museum. ( E) The governance and organizational structure from which the Museum should operate. ( (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan that will address the ability to support the establishment, operation, and maintenance of the Museum through contributions from the public. ( 1261]] (3) Independent review.--The Commission shall obtain an independent review of the viability of the plan developed under paragraph (1) and such review shall include an analysis as to whether the plan is able to achieve the level of resources necessary to fund the construction of the Museum and the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. ( (c) Legislation To Carry Out Plan of Action.--Based on the recommendations contained in the report submitted under paragraphs (1) and (2) of subsection (a), the Commission shall submit for consideration to the Committees on House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate recommendations for a legislative plan of action on the feasibility of establishing and constructing the Museum. ( 2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (3) Gifts, bequests, and devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or real or personal property for the purpose of aiding or facilitating the work of the Commission. ( c) Funding.-- (1) In general.--The Commission shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the Commission. [[ (3) Technical assistance.-- (A) In general.--Subject to subparagraph (B), on request of the Commission, the head of a Federal agency may provide technical assistance to the Commission. ( 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. May 19, considered and passed Senate.

[117th Congress Public Law 140] [From the U.S. Government Publishing Office] [[Page 136 STAT. 1259]] Public Law 117-140 117th Congress An Act To establish the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture, and for other purposes. 1260]] (d) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. ( >> Plan of action.--The Commission shall submit to the President and Congress a report containing the recommendations of the Commission with respect to a plan of action regarding the feasibility of establishing and maintaining a National Museum of Asian Pacific American History and Culture in Washington, DC, and its environs (hereafter in this Act referred to as the ``Museum''). ( B) The impact of the Museum on existing Asian Pacific American history-related museums. ( G) The cost of constructing, operating, and maintaining the Museum. ( (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan that will address the ability to support the establishment, operation, and maintenance of the Museum through contributions from the public. ( 4) Submission.--The Commission shall submit the plan developed under paragraph (1) and the review conducted under paragraph (3) to the Committees on House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate. ( (2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. ( c) Funding.-- (1) In general.--The Commission shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the Commission. [[ B) Prohibition.--No Federal employees may be detailed to the Commission. 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. May 19, considered and passed Senate.

[117th Congress Public Law 140] [From the U.S. Government Publishing Office] [[Page 136 STAT. 1259]] Public Law 117-140 117th Congress An Act To establish the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture, and for other purposes. 1260]] (d) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. ( >> Plan of action.--The Commission shall submit to the President and Congress a report containing the recommendations of the Commission with respect to a plan of action regarding the feasibility of establishing and maintaining a National Museum of Asian Pacific American History and Culture in Washington, DC, and its environs (hereafter in this Act referred to as the ``Museum''). ( B) The impact of the Museum on existing Asian Pacific American history-related museums. ( G) The cost of constructing, operating, and maintaining the Museum. ( (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan that will address the ability to support the establishment, operation, and maintenance of the Museum through contributions from the public. ( 4) Submission.--The Commission shall submit the plan developed under paragraph (1) and the review conducted under paragraph (3) to the Committees on House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate. ( (2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. ( c) Funding.-- (1) In general.--The Commission shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the Commission. [[ B) Prohibition.--No Federal employees may be detailed to the Commission. 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. May 19, considered and passed Senate.

[117th Congress Public Law 140] [From the U.S. Government Publishing Office] [[Page 136 STAT. 1259]] Public Law 117-140 117th Congress An Act To establish the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture, and for other purposes. 1260]] (d) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. ( f) Chairperson.--The Commission shall, by majority vote of all of the members, select 1 member of the Commission to serve as the Chairperson of the Commission. ( (a) Reports.-- (1) <<NOTE: Recommenda- tions. 2) Report on issues.--The Commission shall submit to the President and Congress a report that addresses the following issues: (A) The availability and cost of collections to be acquired and housed in the Museum. ( E) The governance and organizational structure from which the Museum should operate. ( (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan that will address the ability to support the establishment, operation, and maintenance of the Museum through contributions from the public. ( 1261]] (3) Independent review.--The Commission shall obtain an independent review of the viability of the plan developed under paragraph (1) and such review shall include an analysis as to whether the plan is able to achieve the level of resources necessary to fund the construction of the Museum and the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. ( (c) Legislation To Carry Out Plan of Action.--Based on the recommendations contained in the report submitted under paragraphs (1) and (2) of subsection (a), the Commission shall submit for consideration to the Committees on House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate recommendations for a legislative plan of action on the feasibility of establishing and constructing the Museum. ( 2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (3) Gifts, bequests, and devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or real or personal property for the purpose of aiding or facilitating the work of the Commission. ( c) Funding.-- (1) In general.--The Commission shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the Commission. [[ (3) Technical assistance.-- (A) In general.--Subject to subparagraph (B), on request of the Commission, the head of a Federal agency may provide technical assistance to the Commission. ( 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. May 19, considered and passed Senate.

[117th Congress Public Law 140] [From the U.S. Government Publishing Office] [[Page 136 STAT. 1259]] Public Law 117-140 117th Congress An Act To establish the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture, and for other purposes. 1260]] (d) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. ( >> Plan of action.--The Commission shall submit to the President and Congress a report containing the recommendations of the Commission with respect to a plan of action regarding the feasibility of establishing and maintaining a National Museum of Asian Pacific American History and Culture in Washington, DC, and its environs (hereafter in this Act referred to as the ``Museum''). ( B) The impact of the Museum on existing Asian Pacific American history-related museums. ( G) The cost of constructing, operating, and maintaining the Museum. ( (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan that will address the ability to support the establishment, operation, and maintenance of the Museum through contributions from the public. ( 4) Submission.--The Commission shall submit the plan developed under paragraph (1) and the review conducted under paragraph (3) to the Committees on House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate. ( (2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. ( c) Funding.-- (1) In general.--The Commission shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the Commission. [[ B) Prohibition.--No Federal employees may be detailed to the Commission. 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. May 19, considered and passed Senate.

[117th Congress Public Law 140] [From the U.S. Government Publishing Office] [[Page 136 STAT. 1259]] Public Law 117-140 117th Congress An Act To establish the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture, and for other purposes. 1260]] (d) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. ( f) Chairperson.--The Commission shall, by majority vote of all of the members, select 1 member of the Commission to serve as the Chairperson of the Commission. ( (a) Reports.-- (1) <<NOTE: Recommenda- tions. 2) Report on issues.--The Commission shall submit to the President and Congress a report that addresses the following issues: (A) The availability and cost of collections to be acquired and housed in the Museum. ( E) The governance and organizational structure from which the Museum should operate. ( (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan that will address the ability to support the establishment, operation, and maintenance of the Museum through contributions from the public. ( 1261]] (3) Independent review.--The Commission shall obtain an independent review of the viability of the plan developed under paragraph (1) and such review shall include an analysis as to whether the plan is able to achieve the level of resources necessary to fund the construction of the Museum and the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. ( (c) Legislation To Carry Out Plan of Action.--Based on the recommendations contained in the report submitted under paragraphs (1) and (2) of subsection (a), the Commission shall submit for consideration to the Committees on House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate recommendations for a legislative plan of action on the feasibility of establishing and constructing the Museum. ( 2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (3) Gifts, bequests, and devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or real or personal property for the purpose of aiding or facilitating the work of the Commission. ( c) Funding.-- (1) In general.--The Commission shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the Commission. [[ (3) Technical assistance.-- (A) In general.--Subject to subparagraph (B), on request of the Commission, the head of a Federal agency may provide technical assistance to the Commission. ( 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. May 19, considered and passed Senate.

[117th Congress Public Law 140] [From the U.S. Government Publishing Office] [[Page 136 STAT. 1259]] Public Law 117-140 117th Congress An Act To establish the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture, and for other purposes. 1260]] (d) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. ( >> Plan of action.--The Commission shall submit to the President and Congress a report containing the recommendations of the Commission with respect to a plan of action regarding the feasibility of establishing and maintaining a National Museum of Asian Pacific American History and Culture in Washington, DC, and its environs (hereafter in this Act referred to as the ``Museum''). ( B) The impact of the Museum on existing Asian Pacific American history-related museums. ( G) The cost of constructing, operating, and maintaining the Museum. ( (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan that will address the ability to support the establishment, operation, and maintenance of the Museum through contributions from the public. ( 4) Submission.--The Commission shall submit the plan developed under paragraph (1) and the review conducted under paragraph (3) to the Committees on House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate. ( (2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. ( c) Funding.-- (1) In general.--The Commission shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the Commission. [[ B) Prohibition.--No Federal employees may be detailed to the Commission. 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. May 19, considered and passed Senate.

[117th Congress Public Law 140] [From the U.S. Government Publishing Office] [[Page 136 STAT. b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan that will address the ability to support the establishment, operation, and maintenance of the Museum through contributions from the public. ( 1261]] (3) Independent review.--The Commission shall obtain an independent review of the viability of the plan developed under paragraph (1) and such review shall include an analysis as to whether the plan is able to achieve the level of resources necessary to fund the construction of the Museum and the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. ( ( 2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. ( [[ (3) Technical assistance.-- (A) In general.--Subject to subparagraph (B), on request of the Commission, the head of a Federal agency may provide technical assistance to the Commission. ( 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.

[117th Congress Public Law 140] [From the U.S. Government Publishing Office] [[Page 136 STAT. G) The cost of constructing, operating, and maintaining the Museum. ( ( b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan that will address the ability to support the establishment, operation, and maintenance of the Museum through contributions from the public. ( 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. May 19, considered and passed Senate.

[117th Congress Public Law 140] [From the U.S. Government Publishing Office] [[Page 136 STAT. b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan that will address the ability to support the establishment, operation, and maintenance of the Museum through contributions from the public. ( 1261]] (3) Independent review.--The Commission shall obtain an independent review of the viability of the plan developed under paragraph (1) and such review shall include an analysis as to whether the plan is able to achieve the level of resources necessary to fund the construction of the Museum and the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. ( ( 2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. ( [[ (3) Technical assistance.-- (A) In general.--Subject to subparagraph (B), on request of the Commission, the head of a Federal agency may provide technical assistance to the Commission. ( 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.

Commission To Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act - Establishes the Commission to Study the Possibility of Establishing and Maintaining the National Museum in Washington, DC, and its environs. (Sec. 3) Requires the Commission, in consultation with the Smithsonian Institution, to develop criteria for evaluating possible locations for the Museum Authorizes the Commission to convene a national conference relating to the Museum, to be comprised of individuals committed to the advancement of the life, art, history, and culture of Asian Pacific Americans. (Sec. 4) Prohibits the use of funds for the Commission's activities, except to carry out its duties, unless the Secretary of the Interior certifies to the Congress that the

H.R.5520

Health

Literature Selection Technical Review Committee Reform Act of 2021 This bill makes various changes to the processes used by the National Library of Medicine to select scientific journals for inclusion in its databases. The changes include requiring the use of an objective rubric to evaluate journals for inclusion and providing the right to appeal a delisting. In addition, the library must make publicly available the metrics used to determine whether to list or delist journals.

To amend the Public Health Service Act to increase due process and transparency at the National Library of Medicine in listing and delisting journals in MEDLINE (or any other current or successor databases or indices), and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Literature Selection Technical Review Committee Reform Act of 2021''. SEC. 2. JOURNAL COLLECTION OF NATIONAL LIBRARY OF MEDICINE. Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by inserting after section 467 of such Act (42 U.S.C. 286a- 1) the following new section: ``SEC. 468. JOURNAL COLLECTION. ``(a) In General.--In acquiring, preserving, organizing, publishing, and disseminating journals through the National Library of Medicine, including through the Literature Selection Technical Review Committee (or any successor committee) and MEDLINE (or any other current or successor databases or indices), the Secretary shall comply with the requirements of this section. ``(b) Review Metrics and Methodologies.-- ``(1) Specification of objective metric requirement.--The Secretary shall require the Literature Selection Technical Review Committee (or any successor committee) to evaluate the scientific and editorial character and quality of a journal based only on an objective scoring rubric. ``(2) Metrics and methodologies used to include and remove journals from collections.--The Secretary shall specify and make publicly available the objective metrics and methodologies pursuant to which the Library lists and removes journals in the Library's collections, including-- ``(A) all rubrics and other guidance documents used in carrying out a journal review; ``(B) the specific metrics used in determining the outcome of a journal review, including those related to a journal's-- ``(i) scope and coverage; ``(ii) editorial policies and processes; ``(iii) scientific and methodological rigor; ``(iv) production and administration; ``(v) impact; and ``(vi) any other issues taken into account in determining the review outcome; and ``(C) the methodology for determining the outcome of a journal review and for ensuring that the outcome is objective. ``(3) Initial specification.--The Secretary shall comply with this subsection beginning not later than 60 days after the date of enactment of this section. ``(c) Processes for and Standards of Review.--The Secretary shall specify and make publicly available the processes for and standards of review of journals, including-- ``(1) the scope of review; ``(2) a timeline including detailed steps of the review; ``(3) any other guidelines used to ensure the objectivity of reviews; and ``(4) the process used to ensure journals selected for reevaluation are provided-- ``(A) notice; ``(B) a clear description of why the journal was selected for reevaluation; and ``(C) an opportunity for the journal to address identified concerns prior to formal submission for reevaluation. ``(d) Ensuring Independent Advice and Expertise.--Regarding the members of the Literature Selection Technical Review Committee (and any successor committee): ``(1) Independence.--The Secretary shall appoint the members without regard to political affiliation or political campaign activity. ``(2) Process.--The Secretary shall-- ``(A) not less than annually, solicit nominations for potential members; and ``(B) before making an appointment-- ``(i) provide a publicly accessible mechanism for interested persons to comment on the potential member; and ``(ii) take such comments into consideration. ``(e) Reevaluation Process.-- ``(1) Notification of intent to reevaluate.--Before selecting a journal for reevaluation for MEDLINE (or any other current or successor databases or indices), the Secretary shall-- ``(A) notify the journal in writing of the Secretary's intention to refer the journal to the Literature Selection Technical Review Committee (or any successor committee) for review; ``(B) provide the journal a list of concerns that form the basis for such referral; ``(C) provide the journal a period of 60 days, beginning on the date of such notification, to respond to the concerns forming the basis for the referral to the Literature Selection Technical Review Committee (or any successor committee) for review; and ``(D) provide for an independent review process that considers the concerns and the journal's response and determines whether the concerns were resolved. ``(2) Concerns not resolved.--If a journal fails during the 60-day period described in paragraph (1)(C) to resolve to the Secretary's satisfaction the concerns forming the basis for the referral to the Literature Selection Technical Review Committee (or any successor committee) for review, the Secretary shall-- ``(A) provide a detailed explanation to the journal of the initial concerns and why the journal has not satisfactorily resolved such concerns; ``(B) provide the journal a reasonable opportunity to meet and discuss such concerns and the explanation required by subparagraph (A); and ``(C) after providing such explanation and opportunity to meet, issue a determination about whether the journal is to be referred to the Literature Selection Technical Review Committee (or a successor committee) for reevaluation. ``(3) Right to supplement application.--A journal selected for reevaluation pursuant to the process described under this subsection shall have the right to supplement its MEDLINE application through the provision of additional information and statements, which shall be presented to the Literature Selection Technical Review Committee (or a successor committee) during its consideration of the journal. ``(4) Right to be present.--A journal being reviewed by the Literature Selection Technical Review Committee (or a successor committee) pursuant to a referral under paragraph (2)(C) shall have the right to be present at such review. ``(5) Right to an explanation; period for appeal.-- ``(A) In general.--If, upon review pursuant to this section, the Literature Selection Technical Review Committee (or any successor committee) recommends that a journal be removed from MEDLINE (or any other current or successor databases or indices), and the Secretary agrees with such recommendation and issues a decision to remove the journal, the journal shall have-- ``(i) the right to receive detailed information regarding each reviewer's objective score, any subsequent Literature Selection Technical Review Committee (or any successor committee) discussion, and a detailed explanation of the decision so the journal may address the concerns raised in subsequent applications; and ``(ii) a period of 60 days to appeal the Secretary's decision. ``(B) No change to status during appeal.--During the 60-day period under subparagraph (A) and during an appeal under paragraph (6), the Secretary shall not make any change in the journal's status with MEDLINE (or any other current or successor databases or indices). ``(6) Appeals.-- ``(A) In general.--The Secretary shall establish and make publicly available a standardized process for journals to appeal a decision described in paragraph (5)(A). ``(B) Meeting.--Pursuant to the process established under subparagraph (A), the Literature Selection Technical Review Committee (or any successor committee) shall determine, at the Committee's next meeting that takes place at least 30 days after an appeal is filed, whether to recommend that the Secretary's decision to remove the journal involved should be reversed. Prior to the Committee making such a determination, the journal shall be afforded an opportunity to-- ``(i) attend such meeting; ``(ii) present its appeal in person or, if it so chooses, in writing; and ``(iii) submit supplemental material in support of its appeal, which shall be provided to the Literature Selection Technical Review Committee (or any successor committee) for its review and consideration. ``(C) Final recommendation.--After meeting pursuant to subparagraph (B) with respect to a decision to remove a journal, the Literature Selection Technical Review Committee (or any successor committee) shall-- ``(i) make a final recommendation with respect such removal; and ``(ii) concurrently with the transmission of such final recommendation to the Secretary, notify the journal of such final recommendation. ``(D) Final decision.--Not later than 30 days after receiving a final recommendation pursuant to subparagraph (C), the Secretary shall-- ``(i) make a final decision as to whether the journal should be removed from MEDLINE (or any other current or successor databases or indices); and ``(ii) notify the journal of such decision, including by providing a detailed explanation of such decision. ``(E) Post-decision period.--If the Secretary decides pursuant to subparagraph (D) to remove a journal, the Secretary shall-- ``(i) notify the journal in writing and provide the journal a period of 30 days from the date of such notice to inform its authors, subscribers, and other relevant parties that the journal will no longer be listed on MEDLINE; and ``(ii) refrain from removing the journal until the conclusion of such 30-day period. ``(F) Right to reapply.--Any journal that is removed pursuant to this section from MEDLINE (or any other current or successor databases or indices) shall, beginning on the date that is one year after the date of its removal, have the right to reapply, but not more than once each year, to be re-listed in MEDLINE (or any successor databases or indices). ``(7) Previously delisted journals.--Any journal that was removed from MEDLINE on or after January 1, 2016, and before the date of enactment of this section, shall be given an opportunity during the 60-day period following such date of enactment to appeal the removal decision. Any such appeal shall be resolved pursuant to the process described in paragraph (6).''. <all>

Literature Selection Technical Review Committee Reform Act of 2021

To amend the Public Health Service Act to increase due process and transparency at the National Library of Medicine in listing and delisting journals in MEDLINE (or any other current or successor databases or indices), and for other purposes.

Literature Selection Technical Review Committee Reform Act of 2021

Rep. Jacobs, Chris

R

NY

This bill makes various changes to the processes used by the National Library of Medicine to select scientific journals for inclusion in its databases. The changes include requiring the use of an objective rubric to evaluate journals for inclusion and providing the right to appeal a delisting. In addition, the library must make publicly available the metrics used to determine whether to list or delist journals.

JOURNAL COLLECTION OF NATIONAL LIBRARY OF MEDICINE. Title IV of the Public Health Service Act (42 U.S.C. 286a- 1) the following new section: ``SEC. JOURNAL COLLECTION. ``(2) Metrics and methodologies used to include and remove journals from collections.--The Secretary shall specify and make publicly available the objective metrics and methodologies pursuant to which the Library lists and removes journals in the Library's collections, including-- ``(A) all rubrics and other guidance documents used in carrying out a journal review; ``(B) the specific metrics used in determining the outcome of a journal review, including those related to a journal's-- ``(i) scope and coverage; ``(ii) editorial policies and processes; ``(iii) scientific and methodological rigor; ``(iv) production and administration; ``(v) impact; and ``(vi) any other issues taken into account in determining the review outcome; and ``(C) the methodology for determining the outcome of a journal review and for ensuring that the outcome is objective. ``(3) Initial specification.--The Secretary shall comply with this subsection beginning not later than 60 days after the date of enactment of this section. ``(2) Concerns not resolved.--If a journal fails during the 60-day period described in paragraph (1)(C) to resolve to the Secretary's satisfaction the concerns forming the basis for the referral to the Literature Selection Technical Review Committee (or any successor committee) for review, the Secretary shall-- ``(A) provide a detailed explanation to the journal of the initial concerns and why the journal has not satisfactorily resolved such concerns; ``(B) provide the journal a reasonable opportunity to meet and discuss such concerns and the explanation required by subparagraph (A); and ``(C) after providing such explanation and opportunity to meet, issue a determination about whether the journal is to be referred to the Literature Selection Technical Review Committee (or a successor committee) for reevaluation. ``(4) Right to be present.--A journal being reviewed by the Literature Selection Technical Review Committee (or a successor committee) pursuant to a referral under paragraph (2)(C) shall have the right to be present at such review. ``(B) No change to status during appeal.--During the 60-day period under subparagraph (A) and during an appeal under paragraph (6), the Secretary shall not make any change in the journal's status with MEDLINE (or any other current or successor databases or indices). ``(D) Final decision.--Not later than 30 days after receiving a final recommendation pursuant to subparagraph (C), the Secretary shall-- ``(i) make a final decision as to whether the journal should be removed from MEDLINE (or any other current or successor databases or indices); and ``(ii) notify the journal of such decision, including by providing a detailed explanation of such decision. Any such appeal shall be resolved pursuant to the process described in paragraph (6).''.

JOURNAL COLLECTION OF NATIONAL LIBRARY OF MEDICINE. Title IV of the Public Health Service Act (42 U.S.C. 286a- 1) the following new section: ``SEC. JOURNAL COLLECTION. ``(2) Metrics and methodologies used to include and remove journals from collections.--The Secretary shall specify and make publicly available the objective metrics and methodologies pursuant to which the Library lists and removes journals in the Library's collections, including-- ``(A) all rubrics and other guidance documents used in carrying out a journal review; ``(B) the specific metrics used in determining the outcome of a journal review, including those related to a journal's-- ``(i) scope and coverage; ``(ii) editorial policies and processes; ``(iii) scientific and methodological rigor; ``(iv) production and administration; ``(v) impact; and ``(vi) any other issues taken into account in determining the review outcome; and ``(C) the methodology for determining the outcome of a journal review and for ensuring that the outcome is objective. ``(3) Initial specification.--The Secretary shall comply with this subsection beginning not later than 60 days after the date of enactment of this section. ``(4) Right to be present.--A journal being reviewed by the Literature Selection Technical Review Committee (or a successor committee) pursuant to a referral under paragraph (2)(C) shall have the right to be present at such review. ``(B) No change to status during appeal.--During the 60-day period under subparagraph (A) and during an appeal under paragraph (6), the Secretary shall not make any change in the journal's status with MEDLINE (or any other current or successor databases or indices). ``(D) Final decision.--Not later than 30 days after receiving a final recommendation pursuant to subparagraph (C), the Secretary shall-- ``(i) make a final decision as to whether the journal should be removed from MEDLINE (or any other current or successor databases or indices); and ``(ii) notify the journal of such decision, including by providing a detailed explanation of such decision. Any such appeal shall be resolved pursuant to the process described in paragraph (6).''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JOURNAL COLLECTION OF NATIONAL LIBRARY OF MEDICINE. Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) 286a- 1) the following new section: ``SEC. 468. JOURNAL COLLECTION. ``(2) Metrics and methodologies used to include and remove journals from collections.--The Secretary shall specify and make publicly available the objective metrics and methodologies pursuant to which the Library lists and removes journals in the Library's collections, including-- ``(A) all rubrics and other guidance documents used in carrying out a journal review; ``(B) the specific metrics used in determining the outcome of a journal review, including those related to a journal's-- ``(i) scope and coverage; ``(ii) editorial policies and processes; ``(iii) scientific and methodological rigor; ``(iv) production and administration; ``(v) impact; and ``(vi) any other issues taken into account in determining the review outcome; and ``(C) the methodology for determining the outcome of a journal review and for ensuring that the outcome is objective. ``(3) Initial specification.--The Secretary shall comply with this subsection beginning not later than 60 days after the date of enactment of this section. ``(d) Ensuring Independent Advice and Expertise.--Regarding the members of the Literature Selection Technical Review Committee (and any successor committee): ``(1) Independence.--The Secretary shall appoint the members without regard to political affiliation or political campaign activity. ``(2) Process.--The Secretary shall-- ``(A) not less than annually, solicit nominations for potential members; and ``(B) before making an appointment-- ``(i) provide a publicly accessible mechanism for interested persons to comment on the potential member; and ``(ii) take such comments into consideration. ``(2) Concerns not resolved.--If a journal fails during the 60-day period described in paragraph (1)(C) to resolve to the Secretary's satisfaction the concerns forming the basis for the referral to the Literature Selection Technical Review Committee (or any successor committee) for review, the Secretary shall-- ``(A) provide a detailed explanation to the journal of the initial concerns and why the journal has not satisfactorily resolved such concerns; ``(B) provide the journal a reasonable opportunity to meet and discuss such concerns and the explanation required by subparagraph (A); and ``(C) after providing such explanation and opportunity to meet, issue a determination about whether the journal is to be referred to the Literature Selection Technical Review Committee (or a successor committee) for reevaluation. ``(3) Right to supplement application.--A journal selected for reevaluation pursuant to the process described under this subsection shall have the right to supplement its MEDLINE application through the provision of additional information and statements, which shall be presented to the Literature Selection Technical Review Committee (or a successor committee) during its consideration of the journal. ``(4) Right to be present.--A journal being reviewed by the Literature Selection Technical Review Committee (or a successor committee) pursuant to a referral under paragraph (2)(C) shall have the right to be present at such review. ``(B) No change to status during appeal.--During the 60-day period under subparagraph (A) and during an appeal under paragraph (6), the Secretary shall not make any change in the journal's status with MEDLINE (or any other current or successor databases or indices). Prior to the Committee making such a determination, the journal shall be afforded an opportunity to-- ``(i) attend such meeting; ``(ii) present its appeal in person or, if it so chooses, in writing; and ``(iii) submit supplemental material in support of its appeal, which shall be provided to the Literature Selection Technical Review Committee (or any successor committee) for its review and consideration. ``(D) Final decision.--Not later than 30 days after receiving a final recommendation pursuant to subparagraph (C), the Secretary shall-- ``(i) make a final decision as to whether the journal should be removed from MEDLINE (or any other current or successor databases or indices); and ``(ii) notify the journal of such decision, including by providing a detailed explanation of such decision. ``(F) Right to reapply.--Any journal that is removed pursuant to this section from MEDLINE (or any other current or successor databases or indices) shall, beginning on the date that is one year after the date of its removal, have the right to reapply, but not more than once each year, to be re-listed in MEDLINE (or any successor databases or indices). Any such appeal shall be resolved pursuant to the process described in paragraph (6).''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Literature Selection Technical Review Committee Reform Act of 2021''. JOURNAL COLLECTION OF NATIONAL LIBRARY OF MEDICINE. Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by inserting after section 467 of such Act (42 U.S.C. 286a- 1) the following new section: ``SEC. 468. JOURNAL COLLECTION. ``(2) Metrics and methodologies used to include and remove journals from collections.--The Secretary shall specify and make publicly available the objective metrics and methodologies pursuant to which the Library lists and removes journals in the Library's collections, including-- ``(A) all rubrics and other guidance documents used in carrying out a journal review; ``(B) the specific metrics used in determining the outcome of a journal review, including those related to a journal's-- ``(i) scope and coverage; ``(ii) editorial policies and processes; ``(iii) scientific and methodological rigor; ``(iv) production and administration; ``(v) impact; and ``(vi) any other issues taken into account in determining the review outcome; and ``(C) the methodology for determining the outcome of a journal review and for ensuring that the outcome is objective. ``(3) Initial specification.--The Secretary shall comply with this subsection beginning not later than 60 days after the date of enactment of this section. ``(c) Processes for and Standards of Review.--The Secretary shall specify and make publicly available the processes for and standards of review of journals, including-- ``(1) the scope of review; ``(2) a timeline including detailed steps of the review; ``(3) any other guidelines used to ensure the objectivity of reviews; and ``(4) the process used to ensure journals selected for reevaluation are provided-- ``(A) notice; ``(B) a clear description of why the journal was selected for reevaluation; and ``(C) an opportunity for the journal to address identified concerns prior to formal submission for reevaluation. ``(d) Ensuring Independent Advice and Expertise.--Regarding the members of the Literature Selection Technical Review Committee (and any successor committee): ``(1) Independence.--The Secretary shall appoint the members without regard to political affiliation or political campaign activity. ``(2) Process.--The Secretary shall-- ``(A) not less than annually, solicit nominations for potential members; and ``(B) before making an appointment-- ``(i) provide a publicly accessible mechanism for interested persons to comment on the potential member; and ``(ii) take such comments into consideration. ``(2) Concerns not resolved.--If a journal fails during the 60-day period described in paragraph (1)(C) to resolve to the Secretary's satisfaction the concerns forming the basis for the referral to the Literature Selection Technical Review Committee (or any successor committee) for review, the Secretary shall-- ``(A) provide a detailed explanation to the journal of the initial concerns and why the journal has not satisfactorily resolved such concerns; ``(B) provide the journal a reasonable opportunity to meet and discuss such concerns and the explanation required by subparagraph (A); and ``(C) after providing such explanation and opportunity to meet, issue a determination about whether the journal is to be referred to the Literature Selection Technical Review Committee (or a successor committee) for reevaluation. ``(3) Right to supplement application.--A journal selected for reevaluation pursuant to the process described under this subsection shall have the right to supplement its MEDLINE application through the provision of additional information and statements, which shall be presented to the Literature Selection Technical Review Committee (or a successor committee) during its consideration of the journal. ``(4) Right to be present.--A journal being reviewed by the Literature Selection Technical Review Committee (or a successor committee) pursuant to a referral under paragraph (2)(C) shall have the right to be present at such review. ``(B) No change to status during appeal.--During the 60-day period under subparagraph (A) and during an appeal under paragraph (6), the Secretary shall not make any change in the journal's status with MEDLINE (or any other current or successor databases or indices). ``(6) Appeals.-- ``(A) In general.--The Secretary shall establish and make publicly available a standardized process for journals to appeal a decision described in paragraph (5)(A). Prior to the Committee making such a determination, the journal shall be afforded an opportunity to-- ``(i) attend such meeting; ``(ii) present its appeal in person or, if it so chooses, in writing; and ``(iii) submit supplemental material in support of its appeal, which shall be provided to the Literature Selection Technical Review Committee (or any successor committee) for its review and consideration. ``(D) Final decision.--Not later than 30 days after receiving a final recommendation pursuant to subparagraph (C), the Secretary shall-- ``(i) make a final decision as to whether the journal should be removed from MEDLINE (or any other current or successor databases or indices); and ``(ii) notify the journal of such decision, including by providing a detailed explanation of such decision. ``(E) Post-decision period.--If the Secretary decides pursuant to subparagraph (D) to remove a journal, the Secretary shall-- ``(i) notify the journal in writing and provide the journal a period of 30 days from the date of such notice to inform its authors, subscribers, and other relevant parties that the journal will no longer be listed on MEDLINE; and ``(ii) refrain from removing the journal until the conclusion of such 30-day period. ``(F) Right to reapply.--Any journal that is removed pursuant to this section from MEDLINE (or any other current or successor databases or indices) shall, beginning on the date that is one year after the date of its removal, have the right to reapply, but not more than once each year, to be re-listed in MEDLINE (or any successor databases or indices). Any such appeal shall be resolved pursuant to the process described in paragraph (6).''.

To amend the Public Health Service Act to increase due process and transparency at the National Library of Medicine in listing and delisting journals in MEDLINE (or any other current or successor databases or indices), and for other purposes. ``(b) Review Metrics and Methodologies.-- ``(1) Specification of objective metric requirement.--The Secretary shall require the Literature Selection Technical Review Committee (or any successor committee) to evaluate the scientific and editorial character and quality of a journal based only on an objective scoring rubric. ``(3) Initial specification.--The Secretary shall comply with this subsection beginning not later than 60 days after the date of enactment of this section. ``(d) Ensuring Independent Advice and Expertise.--Regarding the members of the Literature Selection Technical Review Committee (and any successor committee): ``(1) Independence.--The Secretary shall appoint the members without regard to political affiliation or political campaign activity. ``(2) Process.--The Secretary shall-- ``(A) not less than annually, solicit nominations for potential members; and ``(B) before making an appointment-- ``(i) provide a publicly accessible mechanism for interested persons to comment on the potential member; and ``(ii) take such comments into consideration. ``(3) Right to supplement application.--A journal selected for reevaluation pursuant to the process described under this subsection shall have the right to supplement its MEDLINE application through the provision of additional information and statements, which shall be presented to the Literature Selection Technical Review Committee (or a successor committee) during its consideration of the journal. ``(4) Right to be present.--A journal being reviewed by the Literature Selection Technical Review Committee (or a successor committee) pursuant to a referral under paragraph (2)(C) shall have the right to be present at such review. ``(B) No change to status during appeal.--During the 60-day period under subparagraph (A) and during an appeal under paragraph (6), the Secretary shall not make any change in the journal's status with MEDLINE (or any other current or successor databases or indices). ``(6) Appeals.-- ``(A) In general.--The Secretary shall establish and make publicly available a standardized process for journals to appeal a decision described in paragraph (5)(A). Prior to the Committee making such a determination, the journal shall be afforded an opportunity to-- ``(i) attend such meeting; ``(ii) present its appeal in person or, if it so chooses, in writing; and ``(iii) submit supplemental material in support of its appeal, which shall be provided to the Literature Selection Technical Review Committee (or any successor committee) for its review and consideration. ``(C) Final recommendation.--After meeting pursuant to subparagraph (B) with respect to a decision to remove a journal, the Literature Selection Technical Review Committee (or any successor committee) shall-- ``(i) make a final recommendation with respect such removal; and ``(ii) concurrently with the transmission of such final recommendation to the Secretary, notify the journal of such final recommendation. ``(E) Post-decision period.--If the Secretary decides pursuant to subparagraph (D) to remove a journal, the Secretary shall-- ``(i) notify the journal in writing and provide the journal a period of 30 days from the date of such notice to inform its authors, subscribers, and other relevant parties that the journal will no longer be listed on MEDLINE; and ``(ii) refrain from removing the journal until the conclusion of such 30-day period. ``(7) Previously delisted journals.--Any journal that was removed from MEDLINE on or after January 1, 2016, and before the date of enactment of this section, shall be given an opportunity during the 60-day period following such date of enactment to appeal the removal decision.

To amend the Public Health Service Act to increase due process and transparency at the National Library of Medicine in listing and delisting journals in MEDLINE (or any other current or successor databases or indices), and for other purposes. ``(b) Review Metrics and Methodologies.-- ``(1) Specification of objective metric requirement.--The Secretary shall require the Literature Selection Technical Review Committee (or any successor committee) to evaluate the scientific and editorial character and quality of a journal based only on an objective scoring rubric. ``(d) Ensuring Independent Advice and Expertise.--Regarding the members of the Literature Selection Technical Review Committee (and any successor committee): ``(1) Independence.--The Secretary shall appoint the members without regard to political affiliation or political campaign activity. ``(2) Process.--The Secretary shall-- ``(A) not less than annually, solicit nominations for potential members; and ``(B) before making an appointment-- ``(i) provide a publicly accessible mechanism for interested persons to comment on the potential member; and ``(ii) take such comments into consideration. ``(3) Right to supplement application.--A journal selected for reevaluation pursuant to the process described under this subsection shall have the right to supplement its MEDLINE application through the provision of additional information and statements, which shall be presented to the Literature Selection Technical Review Committee (or a successor committee) during its consideration of the journal. ``(4) Right to be present.--A journal being reviewed by the Literature Selection Technical Review Committee (or a successor committee) pursuant to a referral under paragraph (2)(C) shall have the right to be present at such review. ``(B) No change to status during appeal.--During the 60-day period under subparagraph (A) and during an appeal under paragraph (6), the Secretary shall not make any change in the journal's status with MEDLINE (or any other current or successor databases or indices). ``(C) Final recommendation.--After meeting pursuant to subparagraph (B) with respect to a decision to remove a journal, the Literature Selection Technical Review Committee (or any successor committee) shall-- ``(i) make a final recommendation with respect such removal; and ``(ii) concurrently with the transmission of such final recommendation to the Secretary, notify the journal of such final recommendation. ``(E) Post-decision period.--If the Secretary decides pursuant to subparagraph (D) to remove a journal, the Secretary shall-- ``(i) notify the journal in writing and provide the journal a period of 30 days from the date of such notice to inform its authors, subscribers, and other relevant parties that the journal will no longer be listed on MEDLINE; and ``(ii) refrain from removing the journal until the conclusion of such 30-day period. ``(7) Previously delisted journals.--Any journal that was removed from MEDLINE on or after January 1, 2016, and before the date of enactment of this section, shall be given an opportunity during the 60-day period following such date of enactment to appeal the removal decision.

To amend the Public Health Service Act to increase due process and transparency at the National Library of Medicine in listing and delisting journals in MEDLINE (or any other current or successor databases or indices), and for other purposes. ``(b) Review Metrics and Methodologies.-- ``(1) Specification of objective metric requirement.--The Secretary shall require the Literature Selection Technical Review Committee (or any successor committee) to evaluate the scientific and editorial character and quality of a journal based only on an objective scoring rubric. ``(d) Ensuring Independent Advice and Expertise.--Regarding the members of the Literature Selection Technical Review Committee (and any successor committee): ``(1) Independence.--The Secretary shall appoint the members without regard to political affiliation or political campaign activity. ``(2) Process.--The Secretary shall-- ``(A) not less than annually, solicit nominations for potential members; and ``(B) before making an appointment-- ``(i) provide a publicly accessible mechanism for interested persons to comment on the potential member; and ``(ii) take such comments into consideration. ``(3) Right to supplement application.--A journal selected for reevaluation pursuant to the process described under this subsection shall have the right to supplement its MEDLINE application through the provision of additional information and statements, which shall be presented to the Literature Selection Technical Review Committee (or a successor committee) during its consideration of the journal. ``(4) Right to be present.--A journal being reviewed by the Literature Selection Technical Review Committee (or a successor committee) pursuant to a referral under paragraph (2)(C) shall have the right to be present at such review. ``(B) No change to status during appeal.--During the 60-day period under subparagraph (A) and during an appeal under paragraph (6), the Secretary shall not make any change in the journal's status with MEDLINE (or any other current or successor databases or indices). ``(C) Final recommendation.--After meeting pursuant to subparagraph (B) with respect to a decision to remove a journal, the Literature Selection Technical Review Committee (or any successor committee) shall-- ``(i) make a final recommendation with respect such removal; and ``(ii) concurrently with the transmission of such final recommendation to the Secretary, notify the journal of such final recommendation. ``(E) Post-decision period.--If the Secretary decides pursuant to subparagraph (D) to remove a journal, the Secretary shall-- ``(i) notify the journal in writing and provide the journal a period of 30 days from the date of such notice to inform its authors, subscribers, and other relevant parties that the journal will no longer be listed on MEDLINE; and ``(ii) refrain from removing the journal until the conclusion of such 30-day period. ``(7) Previously delisted journals.--Any journal that was removed from MEDLINE on or after January 1, 2016, and before the date of enactment of this section, shall be given an opportunity during the 60-day period following such date of enactment to appeal the removal decision.

To amend the Public Health Service Act to increase due process and transparency at the National Library of Medicine in listing and delisting journals in MEDLINE (or any other current or successor databases or indices), and for other purposes. ``(b) Review Metrics and Methodologies.-- ``(1) Specification of objective metric requirement.--The Secretary shall require the Literature Selection Technical Review Committee (or any successor committee) to evaluate the scientific and editorial character and quality of a journal based only on an objective scoring rubric. ``(3) Initial specification.--The Secretary shall comply with this subsection beginning not later than 60 days after the date of enactment of this section. ``(d) Ensuring Independent Advice and Expertise.--Regarding the members of the Literature Selection Technical Review Committee (and any successor committee): ``(1) Independence.--The Secretary shall appoint the members without regard to political affiliation or political campaign activity. ``(2) Process.--The Secretary shall-- ``(A) not less than annually, solicit nominations for potential members; and ``(B) before making an appointment-- ``(i) provide a publicly accessible mechanism for interested persons to comment on the potential member; and ``(ii) take such comments into consideration. ``(3) Right to supplement application.--A journal selected for reevaluation pursuant to the process described under this subsection shall have the right to supplement its MEDLINE application through the provision of additional information and statements, which shall be presented to the Literature Selection Technical Review Committee (or a successor committee) during its consideration of the journal. ``(4) Right to be present.--A journal being reviewed by the Literature Selection Technical Review Committee (or a successor committee) pursuant to a referral under paragraph (2)(C) shall have the right to be present at such review. ``(B) No change to status during appeal.--During the 60-day period under subparagraph (A) and during an appeal under paragraph (6), the Secretary shall not make any change in the journal's status with MEDLINE (or any other current or successor databases or indices). ``(6) Appeals.-- ``(A) In general.--The Secretary shall establish and make publicly available a standardized process for journals to appeal a decision described in paragraph (5)(A). Prior to the Committee making such a determination, the journal shall be afforded an opportunity to-- ``(i) attend such meeting; ``(ii) present its appeal in person or, if it so chooses, in writing; and ``(iii) submit supplemental material in support of its appeal, which shall be provided to the Literature Selection Technical Review Committee (or any successor committee) for its review and consideration. ``(C) Final recommendation.--After meeting pursuant to subparagraph (B) with respect to a decision to remove a journal, the Literature Selection Technical Review Committee (or any successor committee) shall-- ``(i) make a final recommendation with respect such removal; and ``(ii) concurrently with the transmission of such final recommendation to the Secretary, notify the journal of such final recommendation. ``(E) Post-decision period.--If the Secretary decides pursuant to subparagraph (D) to remove a journal, the Secretary shall-- ``(i) notify the journal in writing and provide the journal a period of 30 days from the date of such notice to inform its authors, subscribers, and other relevant parties that the journal will no longer be listed on MEDLINE; and ``(ii) refrain from removing the journal until the conclusion of such 30-day period. ``(7) Previously delisted journals.--Any journal that was removed from MEDLINE on or after January 1, 2016, and before the date of enactment of this section, shall be given an opportunity during the 60-day period following such date of enactment to appeal the removal decision.

To amend the Public Health Service Act to increase due process and transparency at the National Library of Medicine in listing and delisting journals in MEDLINE (or any other current or successor databases or indices), and for other purposes. ``(b) Review Metrics and Methodologies.-- ``(1) Specification of objective metric requirement.--The Secretary shall require the Literature Selection Technical Review Committee (or any successor committee) to evaluate the scientific and editorial character and quality of a journal based only on an objective scoring rubric. ``(d) Ensuring Independent Advice and Expertise.--Regarding the members of the Literature Selection Technical Review Committee (and any successor committee): ``(1) Independence.--The Secretary shall appoint the members without regard to political affiliation or political campaign activity. ``(2) Process.--The Secretary shall-- ``(A) not less than annually, solicit nominations for potential members; and ``(B) before making an appointment-- ``(i) provide a publicly accessible mechanism for interested persons to comment on the potential member; and ``(ii) take such comments into consideration. ``(3) Right to supplement application.--A journal selected for reevaluation pursuant to the process described under this subsection shall have the right to supplement its MEDLINE application through the provision of additional information and statements, which shall be presented to the Literature Selection Technical Review Committee (or a successor committee) during its consideration of the journal. ``(4) Right to be present.--A journal being reviewed by the Literature Selection Technical Review Committee (or a successor committee) pursuant to a referral under paragraph (2)(C) shall have the right to be present at such review. ``(B) No change to status during appeal.--During the 60-day period under subparagraph (A) and during an appeal under paragraph (6), the Secretary shall not make any change in the journal's status with MEDLINE (or any other current or successor databases or indices). ``(C) Final recommendation.--After meeting pursuant to subparagraph (B) with respect to a decision to remove a journal, the Literature Selection Technical Review Committee (or any successor committee) shall-- ``(i) make a final recommendation with respect such removal; and ``(ii) concurrently with the transmission of such final recommendation to the Secretary, notify the journal of such final recommendation. ``(E) Post-decision period.--If the Secretary decides pursuant to subparagraph (D) to remove a journal, the Secretary shall-- ``(i) notify the journal in writing and provide the journal a period of 30 days from the date of such notice to inform its authors, subscribers, and other relevant parties that the journal will no longer be listed on MEDLINE; and ``(ii) refrain from removing the journal until the conclusion of such 30-day period. ``(7) Previously delisted journals.--Any journal that was removed from MEDLINE on or after January 1, 2016, and before the date of enactment of this section, shall be given an opportunity during the 60-day period following such date of enactment to appeal the removal decision.

To amend the Public Health Service Act to increase due process and transparency at the National Library of Medicine in listing and delisting journals in MEDLINE (or any other current or successor databases or indices), and for other purposes. ``(b) Review Metrics and Methodologies.-- ``(1) Specification of objective metric requirement.--The Secretary shall require the Literature Selection Technical Review Committee (or any successor committee) to evaluate the scientific and editorial character and quality of a journal based only on an objective scoring rubric. ``(3) Initial specification.--The Secretary shall comply with this subsection beginning not later than 60 days after the date of enactment of this section. ``(d) Ensuring Independent Advice and Expertise.--Regarding the members of the Literature Selection Technical Review Committee (and any successor committee): ``(1) Independence.--The Secretary shall appoint the members without regard to political affiliation or political campaign activity. ``(2) Process.--The Secretary shall-- ``(A) not less than annually, solicit nominations for potential members; and ``(B) before making an appointment-- ``(i) provide a publicly accessible mechanism for interested persons to comment on the potential member; and ``(ii) take such comments into consideration. ``(3) Right to supplement application.--A journal selected for reevaluation pursuant to the process described under this subsection shall have the right to supplement its MEDLINE application through the provision of additional information and statements, which shall be presented to the Literature Selection Technical Review Committee (or a successor committee) during its consideration of the journal. ``(4) Right to be present.--A journal being reviewed by the Literature Selection Technical Review Committee (or a successor committee) pursuant to a referral under paragraph (2)(C) shall have the right to be present at such review. ``(B) No change to status during appeal.--During the 60-day period under subparagraph (A) and during an appeal under paragraph (6), the Secretary shall not make any change in the journal's status with MEDLINE (or any other current or successor databases or indices). ``(6) Appeals.-- ``(A) In general.--The Secretary shall establish and make publicly available a standardized process for journals to appeal a decision described in paragraph (5)(A). Prior to the Committee making such a determination, the journal shall be afforded an opportunity to-- ``(i) attend such meeting; ``(ii) present its appeal in person or, if it so chooses, in writing; and ``(iii) submit supplemental material in support of its appeal, which shall be provided to the Literature Selection Technical Review Committee (or any successor committee) for its review and consideration. ``(C) Final recommendation.--After meeting pursuant to subparagraph (B) with respect to a decision to remove a journal, the Literature Selection Technical Review Committee (or any successor committee) shall-- ``(i) make a final recommendation with respect such removal; and ``(ii) concurrently with the transmission of such final recommendation to the Secretary, notify the journal of such final recommendation. ``(E) Post-decision period.--If the Secretary decides pursuant to subparagraph (D) to remove a journal, the Secretary shall-- ``(i) notify the journal in writing and provide the journal a period of 30 days from the date of such notice to inform its authors, subscribers, and other relevant parties that the journal will no longer be listed on MEDLINE; and ``(ii) refrain from removing the journal until the conclusion of such 30-day period. ``(7) Previously delisted journals.--Any journal that was removed from MEDLINE on or after January 1, 2016, and before the date of enactment of this section, shall be given an opportunity during the 60-day period following such date of enactment to appeal the removal decision.

To amend the Public Health Service Act to increase due process and transparency at the National Library of Medicine in listing and delisting journals in MEDLINE (or any other current or successor databases or indices), and for other purposes. ``(b) Review Metrics and Methodologies.-- ``(1) Specification of objective metric requirement.--The Secretary shall require the Literature Selection Technical Review Committee (or any successor committee) to evaluate the scientific and editorial character and quality of a journal based only on an objective scoring rubric. ``(d) Ensuring Independent Advice and Expertise.--Regarding the members of the Literature Selection Technical Review Committee (and any successor committee): ``(1) Independence.--The Secretary shall appoint the members without regard to political affiliation or political campaign activity. ``(2) Process.--The Secretary shall-- ``(A) not less than annually, solicit nominations for potential members; and ``(B) before making an appointment-- ``(i) provide a publicly accessible mechanism for interested persons to comment on the potential member; and ``(ii) take such comments into consideration. ``(3) Right to supplement application.--A journal selected for reevaluation pursuant to the process described under this subsection shall have the right to supplement its MEDLINE application through the provision of additional information and statements, which shall be presented to the Literature Selection Technical Review Committee (or a successor committee) during its consideration of the journal. ``(4) Right to be present.--A journal being reviewed by the Literature Selection Technical Review Committee (or a successor committee) pursuant to a referral under paragraph (2)(C) shall have the right to be present at such review. ``(B) No change to status during appeal.--During the 60-day period under subparagraph (A) and during an appeal under paragraph (6), the Secretary shall not make any change in the journal's status with MEDLINE (or any other current or successor databases or indices). ``(C) Final recommendation.--After meeting pursuant to subparagraph (B) with respect to a decision to remove a journal, the Literature Selection Technical Review Committee (or any successor committee) shall-- ``(i) make a final recommendation with respect such removal; and ``(ii) concurrently with the transmission of such final recommendation to the Secretary, notify the journal of such final recommendation. ``(E) Post-decision period.--If the Secretary decides pursuant to subparagraph (D) to remove a journal, the Secretary shall-- ``(i) notify the journal in writing and provide the journal a period of 30 days from the date of such notice to inform its authors, subscribers, and other relevant parties that the journal will no longer be listed on MEDLINE; and ``(ii) refrain from removing the journal until the conclusion of such 30-day period. ``(7) Previously delisted journals.--Any journal that was removed from MEDLINE on or after January 1, 2016, and before the date of enactment of this section, shall be given an opportunity during the 60-day period following such date of enactment to appeal the removal decision.

To amend the Public Health Service Act to increase due process and transparency at the National Library of Medicine in listing and delisting journals in MEDLINE (or any other current or successor databases or indices), and for other purposes. ``(b) Review Metrics and Methodologies.-- ``(1) Specification of objective metric requirement.--The Secretary shall require the Literature Selection Technical Review Committee (or any successor committee) to evaluate the scientific and editorial character and quality of a journal based only on an objective scoring rubric. ``(4) Right to be present.--A journal being reviewed by the Literature Selection Technical Review Committee (or a successor committee) pursuant to a referral under paragraph (2)(C) shall have the right to be present at such review. ``(C) Final recommendation.--After meeting pursuant to subparagraph (B) with respect to a decision to remove a journal, the Literature Selection Technical Review Committee (or any successor committee) shall-- ``(i) make a final recommendation with respect such removal; and ``(ii) concurrently with the transmission of such final recommendation to the Secretary, notify the journal of such final recommendation. ``(E) Post-decision period.--If the Secretary decides pursuant to subparagraph (D) to remove a journal, the Secretary shall-- ``(i) notify the journal in writing and provide the journal a period of 30 days from the date of such notice to inform its authors, subscribers, and other relevant parties that the journal will no longer be listed on MEDLINE; and ``(ii) refrain from removing the journal until the conclusion of such 30-day period. ``(7) Previously delisted journals.--Any journal that was removed from MEDLINE on or after January 1, 2016, and before the date of enactment of this section, shall be given an opportunity during the 60-day period following such date of enactment to appeal the removal decision.

To amend the Public Health Service Act to increase due process and transparency at the National Library of Medicine in listing and delisting journals in MEDLINE (or any other current or successor databases or indices), and for other purposes. ``(C) Final recommendation.--After meeting pursuant to subparagraph (B) with respect to a decision to remove a journal, the Literature Selection Technical Review Committee (or any successor committee) shall-- ``(i) make a final recommendation with respect such removal; and ``(ii) concurrently with the transmission of such final recommendation to the Secretary, notify the journal of such final recommendation. ``(E) Post-decision period.--If the Secretary decides pursuant to subparagraph (D) to remove a journal, the Secretary shall-- ``(i) notify the journal in writing and provide the journal a period of 30 days from the date of such notice to inform its authors, subscribers, and other relevant parties that the journal will no longer be listed on MEDLINE; and ``(ii) refrain from removing the journal until the conclusion of such 30-day period. ``(7) Previously delisted journals.--Any journal that was removed from MEDLINE on or after January 1, 2016, and before the date of enactment of this section, shall be given an opportunity during the 60-day period following such date of enactment to appeal the removal decision.

To amend the Public Health Service Act to increase due process and transparency at the National Library of Medicine in listing and delisting journals in MEDLINE (or any other current or successor databases or indices), and for other purposes. ``(b) Review Metrics and Methodologies.-- ``(1) Specification of objective metric requirement.--The Secretary shall require the Literature Selection Technical Review Committee (or any successor committee) to evaluate the scientific and editorial character and quality of a journal based only on an objective scoring rubric. ``(4) Right to be present.--A journal being reviewed by the Literature Selection Technical Review Committee (or a successor committee) pursuant to a referral under paragraph (2)(C) shall have the right to be present at such review. ``(C) Final recommendation.--After meeting pursuant to subparagraph (B) with respect to a decision to remove a journal, the Literature Selection Technical Review Committee (or any successor committee) shall-- ``(i) make a final recommendation with respect such removal; and ``(ii) concurrently with the transmission of such final recommendation to the Secretary, notify the journal of such final recommendation. ``(E) Post-decision period.--If the Secretary decides pursuant to subparagraph (D) to remove a journal, the Secretary shall-- ``(i) notify the journal in writing and provide the journal a period of 30 days from the date of such notice to inform its authors, subscribers, and other relevant parties that the journal will no longer be listed on MEDLINE; and ``(ii) refrain from removing the journal until the conclusion of such 30-day period. ``(7) Previously delisted journals.--Any journal that was removed from MEDLINE on or after January 1, 2016, and before the date of enactment of this section, shall be given an opportunity during the 60-day period following such date of enactment to appeal the removal decision.

Literature Selection Technical Review Committee Reform Act of 2021 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to: (1) require the Library's Literature Selection and Review Committee (or any successor committee) to evaluate the scientific and editorial character and quality of a journal based only on an objective scoring rubric; and (2) Directs the Secretary of Education to establish and make publicly available a standardized process for journals to appeal a decision to remove a journal from MEDLINE. (MEDLINE is the Internet Research Society's (Iris) online repository for scholarly articles.) (Currently, a journal is removed from MEDL if the Iris Literature Selection Technical Review Committee (or any successor committee) recommends that it be

S.841

Labor and Employment

Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2021 or the EMPLEO Act This bill permits employers to participate in a wage subsidy program for eligible Puerto Rican employees. Eligible employees must be (1) U.S. citizens, (2) have Social Security numbers, and (3) certify their residency in Puerto Rico and intent to remain residents for at least the next six months. Employers who opt in must pay their eligible employees a minimum wage of $5. The Department of the Treasury then subsidizes those wages in an amount equal to 50% of the difference between $10 and the hourly wages the employees receive from their employers. For example, if a participating employer pays their eligible employees $5 hourly, the subsidy would equal $2.50 for an effective hourly wage of $7.50. Participating employers may elect advance payment of the aggregate subsidy amounts that exceed the employer's aggregate payroll taxes for the applicable period based on estimates the employer provides to Treasury. The bill treats employers who make such wage subsidy payments to eligible Puerto Rico employees as having paid payroll taxes in an amount equal to such payments.

To decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2021'' or the ``EMPLEO Act''. SEC. 2. FEDERAL MINIMUM WAGE REQUIREMENT FOR ELIGIBLE PUERTO RICO EMPLOYEES. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) if such employee is an eligible Puerto Rico employee, as defined in section 6431(c) of the Internal Revenue Code of 1986, who receives a qualified wage subsidy payment under section 6431 of such Code from a participating employer, $5.00 an hour (as determined without regard to the qualified wage subsidy payment);''. SEC. 3. WAGE SUBSIDY FOR PUERTO RICO WORKERS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. WAGE SUBSIDY FOR PUERTO RICO WORKERS. ``(a) In General.--In the case of a participating employer which makes qualified wage subsidy payments to eligible Puerto Rico employees, such participating employer shall be treated for purposes of this title as having paid to the Secretary, on the date any such qualified wage subsidy payment is paid, payroll taxes in an amount equal to such wage subsidy payment. ``(b) Participating Employer.-- ``(1) In general.--For purposes of this section, the term `participating employer' means an employer which-- ``(A) elects the application of this section, ``(B) makes qualified wage subsidy payments to all eligible Puerto Rico employees of such employer, ``(C) provides to each eligible Puerto Rico employee (in such form and manner as the Secretary shall by regulations prescribe) information about the amount of qualified wage subsidy payments paid to such employee at the time such payments are made, and ``(D) in the case of an employer which elects to receive an advance payment under subsection (g), provides to the Secretary the information described in paragraph (2) not later than 30 days before the beginning of the applicable period. ``(2) Information required.--The information required under this paragraph is the following: ``(A) An estimate of the number of workers who will be employed by the participating employer for the applicable period. ``(B) An estimate of the payroll taxes (determined without regard to any increase in tax under section 3111 by reason of subsection (g)(2)) that will be paid by the participating employer with respect to all employees for such applicable period. ``(C) An estimate of the number of eligible Puerto Rico employees who will be employed by the participating employer for such applicable period and the hourly rate of pay for each such employee (determined without regard to any qualified wage subsidy payment). ``(D) An estimate of the aggregate amount of qualified wage subsidy payments that will be paid by such employer to eligible Puerto Rico employees for such applicable period. ``(3) Failure to make subsidy payments.--For purposes of this title (including penalties), the failure by any employer which makes an election under paragraph (1)(A) to make any qualified wage subsidy payment at the time provided therefor shall be treated as the failure at such time to deduct and withhold under section 3102 an amount equal to the amount of such qualified wage subsidy payment. ``(c) Eligible Puerto Rico Employee.--For purposes of this section, the term `eligible Puerto Rico employee' means, with respect to any calendar year, any individual who-- ``(1) is a citizen of the United States, ``(2) has a social security number issued to the individual by the Social Security Administration, and ``(3) certifies, in such form and manner as provided by the Secretary, to the employer that such individual is a resident of Puerto Rico and intends to remain a resident of Puerto Rico for not less than the next 6 months. ``(d) Qualified Wage Subsidy Payment.--For purposes of this section-- ``(1) In general.--The term `qualified wage subsidy payment' means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of-- ``(A) the median hourly wage for Puerto Rico, over ``(B) the hourly wage paid to the eligible Puerto Rico employee. ``(2) Median hourly wage for puerto rico.--For purposes of paragraph (1)(A), the median hourly wage for Puerto Rico is-- ``(A) $10 for calendar years 2022 and 2023, and ``(B) for any calendar year beginning after 2023, the amount determined by the Bureau of Labor Statistics based on the most recent data available as of 30 days before the start of such calendar year. ``(3) Determination of hourly wage.--For purposes of paragraph (1)(B)-- ``(A) In general.--The hourly wage of any employee shall be determined without regard to any qualified wage subsidy payment under this section. ``(B) Period.--Each hour at which an eligible Puerto Rico employee performs services for a different rate of pay shall be treated as a separate period. ``(C) Salaried employees.--In the case of a salaried employee, the hourly wage for such employee for any period shall be determined by dividing the annual rate of pay for such period by 2,080. ``(e) Payroll Taxes.--For purposes of this section, the term `payroll taxes' means-- ``(1) amounts required to be deducted for the payroll period under section 3102 (relating to FICA employee taxes), and ``(2) amounts of the taxes imposed for the payroll period under section 3111 (relating to FICA employer taxes). ``(f) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable period.--For purposes of this section, the term `applicable period' means-- ``(A) except as provided in subparagraph (B), a calendar quarter, and ``(B) in the case of any employer which files returns for payroll taxes less frequently than quarterly, such period as determined by the Secretary under regulations. ``(2) Wage subsidy payments in excess of payroll tax liability.--To the extent that the amount treated as paid under subsection (a) exceeds the amount of such person's liability for payroll taxes, the Secretary shall credit and refund such excess in the same manner as if it were an overpayment of such taxes. ``(g) Advanced Payments for Certain Participating Employers.-- ``(1) In general.--In the case of a participating employer which elects the application of this subsection, the Secretary shall pay to such participating employer, not later than the first day of the applicable period, an amount equal to the excess of-- ``(A) the aggregate amount of qualified wage subsidy payments for such applicable period (as determined based on estimates submitted under subsection (b)(2)), exceeds ``(B) the aggregate amount of payroll taxes (determined without regard to any increase in tax under section 3111 by reason of paragraph (2) and based on estimates submitted under subsection (b)(2)) for such applicable period. ``(2) Treatment of payments.--For purposes of this title, the amount of taxes imposed under section 3111 on any participating employer for any calendar quarter shall be increased by an amount equal to any payment made under paragraph (1) with respect to such calendar quarter.''. (b) Social Security Trust Funds Held Harmless.--In determining the amount of any amount transferred or appropriated to any fund under the Social Security Act, section 6431 of the Internal Revenue Code of 1986 shall not be taken into account. (c) Conforming Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6431. Wage subsidy for Puerto Rico workers.''. (d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``, and'', and by inserting after paragraph (17) the following new paragraph: ``(18) in the case of an eligible Puerto Rico employee (as defined in section 6431), the amount of any qualified wage subsidy payment paid to such employee.''. (2) Penalty for failure to provide information to employees.--Section 6652 of such Code is amended by adding at the end the following new subsection: ``(q) Failure To Report Wage Subsidy Information to Employees.--In the case of a failure to provide the information required under section 6431(b)(1)(C) at the time required for providing such information, there shall be paid (upon notice and demand by the Secretary and in the same manner as tax) by the person failing to provide such information, an amount equal to $50 for each such failure. In the case of any failure due to negligence or intentional disregard, the preceding sentence shall be applied by substituting `$100' for `$50'.''. (e) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2021. <all>

EMPLEO Act

A bill to decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers.

EMPLEO Act Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2021

Sen. Rubio, Marco

R

FL

This bill permits employers to participate in a wage subsidy program for eligible Puerto Rican employees. Eligible employees must be (1) U.S. citizens, (2) have Social Security numbers, and (3) certify their residency in Puerto Rico and intent to remain residents for at least the next six months. Employers who opt in must pay their eligible employees a minimum wage of $5. The Department of the Treasury then subsidizes those wages in an amount equal to 50% of the difference between $10 and the hourly wages the employees receive from their employers. For example, if a participating employer pays their eligible employees $5 hourly, the subsidy would equal $2.50 for an effective hourly wage of $7.50. Participating employers may elect advance payment of the aggregate subsidy amounts that exceed the employer's aggregate payroll taxes for the applicable period based on estimates the employer provides to Treasury. The bill treats employers who make such wage subsidy payments to eligible Puerto Rico employees as having paid payroll taxes in an amount equal to such payments.

To decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers. 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 ``Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2021'' or the ``EMPLEO Act''. 2. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 3. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) In General.--In the case of a participating employer which makes qualified wage subsidy payments to eligible Puerto Rico employees, such participating employer shall be treated for purposes of this title as having paid to the Secretary, on the date any such qualified wage subsidy payment is paid, payroll taxes in an amount equal to such wage subsidy payment. ``(2) Information required.--The information required under this paragraph is the following: ``(A) An estimate of the number of workers who will be employed by the participating employer for the applicable period. ``(B) An estimate of the payroll taxes (determined without regard to any increase in tax under section 3111 by reason of subsection (g)(2)) that will be paid by the participating employer with respect to all employees for such applicable period. ``(2) Median hourly wage for puerto rico.--For purposes of paragraph (1)(A), the median hourly wage for Puerto Rico is-- ``(A) $10 for calendar years 2022 and 2023, and ``(B) for any calendar year beginning after 2023, the amount determined by the Bureau of Labor Statistics based on the most recent data available as of 30 days before the start of such calendar year. ``(e) Payroll Taxes.--For purposes of this section, the term `payroll taxes' means-- ``(1) amounts required to be deducted for the payroll period under section 3102 (relating to FICA employee taxes), and ``(2) amounts of the taxes imposed for the payroll period under section 3111 (relating to FICA employer taxes). ``(2) Wage subsidy payments in excess of payroll tax liability.--To the extent that the amount treated as paid under subsection (a) exceeds the amount of such person's liability for payroll taxes, the Secretary shall credit and refund such excess in the same manner as if it were an overpayment of such taxes. (b) Social Security Trust Funds Held Harmless.--In determining the amount of any amount transferred or appropriated to any fund under the Social Security Act, section 6431 of the Internal Revenue Code of 1986 shall not be taken into account. 6431. Wage subsidy for Puerto Rico workers.''. In the case of any failure due to negligence or intentional disregard, the preceding sentence shall be applied by substituting `$100' for `$50'.''. (e) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2021.

To decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers. 2. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 3. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) In General.--In the case of a participating employer which makes qualified wage subsidy payments to eligible Puerto Rico employees, such participating employer shall be treated for purposes of this title as having paid to the Secretary, on the date any such qualified wage subsidy payment is paid, payroll taxes in an amount equal to such wage subsidy payment. ``(2) Information required.--The information required under this paragraph is the following: ``(A) An estimate of the number of workers who will be employed by the participating employer for the applicable period. ``(B) An estimate of the payroll taxes (determined without regard to any increase in tax under section 3111 by reason of subsection (g)(2)) that will be paid by the participating employer with respect to all employees for such applicable period. ``(2) Median hourly wage for puerto rico.--For purposes of paragraph (1)(A), the median hourly wage for Puerto Rico is-- ``(A) $10 for calendar years 2022 and 2023, and ``(B) for any calendar year beginning after 2023, the amount determined by the Bureau of Labor Statistics based on the most recent data available as of 30 days before the start of such calendar year. ``(e) Payroll Taxes.--For purposes of this section, the term `payroll taxes' means-- ``(1) amounts required to be deducted for the payroll period under section 3102 (relating to FICA employee taxes), and ``(2) amounts of the taxes imposed for the payroll period under section 3111 (relating to FICA employer taxes). 6431. Wage subsidy for Puerto Rico workers.''. In the case of any failure due to negligence or intentional disregard, the preceding sentence shall be applied by substituting `$100' for `$50'.''.

To decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2021'' or the ``EMPLEO Act''. 2. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 3. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) In General.--In the case of a participating employer which makes qualified wage subsidy payments to eligible Puerto Rico employees, such participating employer shall be treated for purposes of this title as having paid to the Secretary, on the date any such qualified wage subsidy payment is paid, payroll taxes in an amount equal to such wage subsidy payment. ``(2) Information required.--The information required under this paragraph is the following: ``(A) An estimate of the number of workers who will be employed by the participating employer for the applicable period. ``(B) An estimate of the payroll taxes (determined without regard to any increase in tax under section 3111 by reason of subsection (g)(2)) that will be paid by the participating employer with respect to all employees for such applicable period. ``(2) Median hourly wage for puerto rico.--For purposes of paragraph (1)(A), the median hourly wage for Puerto Rico is-- ``(A) $10 for calendar years 2022 and 2023, and ``(B) for any calendar year beginning after 2023, the amount determined by the Bureau of Labor Statistics based on the most recent data available as of 30 days before the start of such calendar year. ``(B) Period.--Each hour at which an eligible Puerto Rico employee performs services for a different rate of pay shall be treated as a separate period. ``(e) Payroll Taxes.--For purposes of this section, the term `payroll taxes' means-- ``(1) amounts required to be deducted for the payroll period under section 3102 (relating to FICA employee taxes), and ``(2) amounts of the taxes imposed for the payroll period under section 3111 (relating to FICA employer taxes). ``(f) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable period.--For purposes of this section, the term `applicable period' means-- ``(A) except as provided in subparagraph (B), a calendar quarter, and ``(B) in the case of any employer which files returns for payroll taxes less frequently than quarterly, such period as determined by the Secretary under regulations. ``(2) Wage subsidy payments in excess of payroll tax liability.--To the extent that the amount treated as paid under subsection (a) exceeds the amount of such person's liability for payroll taxes, the Secretary shall credit and refund such excess in the same manner as if it were an overpayment of such taxes. (b) Social Security Trust Funds Held Harmless.--In determining the amount of any amount transferred or appropriated to any fund under the Social Security Act, section 6431 of the Internal Revenue Code of 1986 shall not be taken into account. 6431. Wage subsidy for Puerto Rico workers.''. (d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``, and'', and by inserting after paragraph (17) the following new paragraph: ``(18) in the case of an eligible Puerto Rico employee (as defined in section 6431), the amount of any qualified wage subsidy payment paid to such employee.''. In the case of any failure due to negligence or intentional disregard, the preceding sentence shall be applied by substituting `$100' for `$50'.''. (e) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2021.

To decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2021'' or the ``EMPLEO Act''. 2. FEDERAL MINIMUM WAGE REQUIREMENT FOR ELIGIBLE PUERTO RICO EMPLOYEES. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 3. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) In General.--In the case of a participating employer which makes qualified wage subsidy payments to eligible Puerto Rico employees, such participating employer shall be treated for purposes of this title as having paid to the Secretary, on the date any such qualified wage subsidy payment is paid, payroll taxes in an amount equal to such wage subsidy payment. ``(2) Information required.--The information required under this paragraph is the following: ``(A) An estimate of the number of workers who will be employed by the participating employer for the applicable period. ``(B) An estimate of the payroll taxes (determined without regard to any increase in tax under section 3111 by reason of subsection (g)(2)) that will be paid by the participating employer with respect to all employees for such applicable period. ``(c) Eligible Puerto Rico Employee.--For purposes of this section, the term `eligible Puerto Rico employee' means, with respect to any calendar year, any individual who-- ``(1) is a citizen of the United States, ``(2) has a social security number issued to the individual by the Social Security Administration, and ``(3) certifies, in such form and manner as provided by the Secretary, to the employer that such individual is a resident of Puerto Rico and intends to remain a resident of Puerto Rico for not less than the next 6 months. ``(2) Median hourly wage for puerto rico.--For purposes of paragraph (1)(A), the median hourly wage for Puerto Rico is-- ``(A) $10 for calendar years 2022 and 2023, and ``(B) for any calendar year beginning after 2023, the amount determined by the Bureau of Labor Statistics based on the most recent data available as of 30 days before the start of such calendar year. ``(B) Period.--Each hour at which an eligible Puerto Rico employee performs services for a different rate of pay shall be treated as a separate period. ``(C) Salaried employees.--In the case of a salaried employee, the hourly wage for such employee for any period shall be determined by dividing the annual rate of pay for such period by 2,080. ``(e) Payroll Taxes.--For purposes of this section, the term `payroll taxes' means-- ``(1) amounts required to be deducted for the payroll period under section 3102 (relating to FICA employee taxes), and ``(2) amounts of the taxes imposed for the payroll period under section 3111 (relating to FICA employer taxes). ``(f) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable period.--For purposes of this section, the term `applicable period' means-- ``(A) except as provided in subparagraph (B), a calendar quarter, and ``(B) in the case of any employer which files returns for payroll taxes less frequently than quarterly, such period as determined by the Secretary under regulations. ``(2) Wage subsidy payments in excess of payroll tax liability.--To the extent that the amount treated as paid under subsection (a) exceeds the amount of such person's liability for payroll taxes, the Secretary shall credit and refund such excess in the same manner as if it were an overpayment of such taxes. ``(g) Advanced Payments for Certain Participating Employers.-- ``(1) In general.--In the case of a participating employer which elects the application of this subsection, the Secretary shall pay to such participating employer, not later than the first day of the applicable period, an amount equal to the excess of-- ``(A) the aggregate amount of qualified wage subsidy payments for such applicable period (as determined based on estimates submitted under subsection (b)(2)), exceeds ``(B) the aggregate amount of payroll taxes (determined without regard to any increase in tax under section 3111 by reason of paragraph (2) and based on estimates submitted under subsection (b)(2)) for such applicable period. (b) Social Security Trust Funds Held Harmless.--In determining the amount of any amount transferred or appropriated to any fund under the Social Security Act, section 6431 of the Internal Revenue Code of 1986 shall not be taken into account. 6431. Wage subsidy for Puerto Rico workers.''. (d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``, and'', and by inserting after paragraph (17) the following new paragraph: ``(18) in the case of an eligible Puerto Rico employee (as defined in section 6431), the amount of any qualified wage subsidy payment paid to such employee.''. (2) Penalty for failure to provide information to employees.--Section 6652 of such Code is amended by adding at the end the following new subsection: ``(q) Failure To Report Wage Subsidy Information to Employees.--In the case of a failure to provide the information required under section 6431(b)(1)(C) at the time required for providing such information, there shall be paid (upon notice and demand by the Secretary and in the same manner as tax) by the person failing to provide such information, an amount equal to $50 for each such failure. In the case of any failure due to negligence or intentional disregard, the preceding sentence shall be applied by substituting `$100' for `$50'.''. (e) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2021.

To decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) if such employee is an eligible Puerto Rico employee, as defined in section 6431(c) of the Internal Revenue Code of 1986, who receives a qualified wage subsidy payment under section 6431 of such Code from a participating employer, $5.00 an hour (as determined without regard to the qualified wage subsidy payment);''. ``(a) In General.--In the case of a participating employer which makes qualified wage subsidy payments to eligible Puerto Rico employees, such participating employer shall be treated for purposes of this title as having paid to the Secretary, on the date any such qualified wage subsidy payment is paid, payroll taxes in an amount equal to such wage subsidy payment. ``(2) Information required.--The information required under this paragraph is the following: ``(A) An estimate of the number of workers who will be employed by the participating employer for the applicable period. ``(B) An estimate of the payroll taxes (determined without regard to any increase in tax under section 3111 by reason of subsection (g)(2)) that will be paid by the participating employer with respect to all employees for such applicable period. ``(C) An estimate of the number of eligible Puerto Rico employees who will be employed by the participating employer for such applicable period and the hourly rate of pay for each such employee (determined without regard to any qualified wage subsidy payment). ``(c) Eligible Puerto Rico Employee.--For purposes of this section, the term `eligible Puerto Rico employee' means, with respect to any calendar year, any individual who-- ``(1) is a citizen of the United States, ``(2) has a social security number issued to the individual by the Social Security Administration, and ``(3) certifies, in such form and manner as provided by the Secretary, to the employer that such individual is a resident of Puerto Rico and intends to remain a resident of Puerto Rico for not less than the next 6 months. ``(d) Qualified Wage Subsidy Payment.--For purposes of this section-- ``(1) In general.--The term `qualified wage subsidy payment' means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of-- ``(A) the median hourly wage for Puerto Rico, over ``(B) the hourly wage paid to the eligible Puerto Rico employee. ``(3) Determination of hourly wage.--For purposes of paragraph (1)(B)-- ``(A) In general.--The hourly wage of any employee shall be determined without regard to any qualified wage subsidy payment under this section. ``(C) Salaried employees.--In the case of a salaried employee, the hourly wage for such employee for any period shall be determined by dividing the annual rate of pay for such period by 2,080. ``(2) Wage subsidy payments in excess of payroll tax liability.--To the extent that the amount treated as paid under subsection (a) exceeds the amount of such person's liability for payroll taxes, the Secretary shall credit and refund such excess in the same manner as if it were an overpayment of such taxes. ``(2) Treatment of payments.--For purposes of this title, the amount of taxes imposed under section 3111 on any participating employer for any calendar quarter shall be increased by an amount equal to any payment made under paragraph (1) with respect to such calendar quarter.''. ( (c) Conforming Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``, and'', and by inserting after paragraph (17) the following new paragraph: ``(18) in the case of an eligible Puerto Rico employee (as defined in section 6431), the amount of any qualified wage subsidy payment paid to such employee.''. ( (e) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2021.

To decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) if such employee is an eligible Puerto Rico employee, as defined in section 6431(c) of the Internal Revenue Code of 1986, who receives a qualified wage subsidy payment under section 6431 of such Code from a participating employer, $5.00 an hour (as determined without regard to the qualified wage subsidy payment);''. ``(2) Information required.--The information required under this paragraph is the following: ``(A) An estimate of the number of workers who will be employed by the participating employer for the applicable period. ``(C) An estimate of the number of eligible Puerto Rico employees who will be employed by the participating employer for such applicable period and the hourly rate of pay for each such employee (determined without regard to any qualified wage subsidy payment). ``(c) Eligible Puerto Rico Employee.--For purposes of this section, the term `eligible Puerto Rico employee' means, with respect to any calendar year, any individual who-- ``(1) is a citizen of the United States, ``(2) has a social security number issued to the individual by the Social Security Administration, and ``(3) certifies, in such form and manner as provided by the Secretary, to the employer that such individual is a resident of Puerto Rico and intends to remain a resident of Puerto Rico for not less than the next 6 months. ``(d) Qualified Wage Subsidy Payment.--For purposes of this section-- ``(1) In general.--The term `qualified wage subsidy payment' means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of-- ``(A) the median hourly wage for Puerto Rico, over ``(B) the hourly wage paid to the eligible Puerto Rico employee. ``(f) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable period.--For purposes of this section, the term `applicable period' means-- ``(A) except as provided in subparagraph (B), a calendar quarter, and ``(B) in the case of any employer which files returns for payroll taxes less frequently than quarterly, such period as determined by the Secretary under regulations. b) Social Security Trust Funds Held Harmless.--In determining the amount of any amount transferred or appropriated to any fund under the Social Security Act, section 6431 of the Internal Revenue Code of 1986 shall not be taken into account. ( (d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``, and'', and by inserting after paragraph (17) the following new paragraph: ``(18) in the case of an eligible Puerto Rico employee (as defined in section 6431), the amount of any qualified wage subsidy payment paid to such employee.''. ( 2) Penalty for failure to provide information to employees.--Section 6652 of such Code is amended by adding at the end the following new subsection: ``(q) Failure To Report Wage Subsidy Information to Employees.--In the case of a failure to provide the information required under section 6431(b)(1)(C) at the time required for providing such information, there shall be paid (upon notice and demand by the Secretary and in the same manner as tax) by the person failing to provide such information, an amount equal to $50 for each such failure.

To decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) if such employee is an eligible Puerto Rico employee, as defined in section 6431(c) of the Internal Revenue Code of 1986, who receives a qualified wage subsidy payment under section 6431 of such Code from a participating employer, $5.00 an hour (as determined without regard to the qualified wage subsidy payment);''. ``(2) Information required.--The information required under this paragraph is the following: ``(A) An estimate of the number of workers who will be employed by the participating employer for the applicable period. ``(C) An estimate of the number of eligible Puerto Rico employees who will be employed by the participating employer for such applicable period and the hourly rate of pay for each such employee (determined without regard to any qualified wage subsidy payment). ``(c) Eligible Puerto Rico Employee.--For purposes of this section, the term `eligible Puerto Rico employee' means, with respect to any calendar year, any individual who-- ``(1) is a citizen of the United States, ``(2) has a social security number issued to the individual by the Social Security Administration, and ``(3) certifies, in such form and manner as provided by the Secretary, to the employer that such individual is a resident of Puerto Rico and intends to remain a resident of Puerto Rico for not less than the next 6 months. ``(d) Qualified Wage Subsidy Payment.--For purposes of this section-- ``(1) In general.--The term `qualified wage subsidy payment' means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of-- ``(A) the median hourly wage for Puerto Rico, over ``(B) the hourly wage paid to the eligible Puerto Rico employee. ``(f) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable period.--For purposes of this section, the term `applicable period' means-- ``(A) except as provided in subparagraph (B), a calendar quarter, and ``(B) in the case of any employer which files returns for payroll taxes less frequently than quarterly, such period as determined by the Secretary under regulations. b) Social Security Trust Funds Held Harmless.--In determining the amount of any amount transferred or appropriated to any fund under the Social Security Act, section 6431 of the Internal Revenue Code of 1986 shall not be taken into account. ( (d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``, and'', and by inserting after paragraph (17) the following new paragraph: ``(18) in the case of an eligible Puerto Rico employee (as defined in section 6431), the amount of any qualified wage subsidy payment paid to such employee.''. ( 2) Penalty for failure to provide information to employees.--Section 6652 of such Code is amended by adding at the end the following new subsection: ``(q) Failure To Report Wage Subsidy Information to Employees.--In the case of a failure to provide the information required under section 6431(b)(1)(C) at the time required for providing such information, there shall be paid (upon notice and demand by the Secretary and in the same manner as tax) by the person failing to provide such information, an amount equal to $50 for each such failure.

To decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) if such employee is an eligible Puerto Rico employee, as defined in section 6431(c) of the Internal Revenue Code of 1986, who receives a qualified wage subsidy payment under section 6431 of such Code from a participating employer, $5.00 an hour (as determined without regard to the qualified wage subsidy payment);''. ``(a) In General.--In the case of a participating employer which makes qualified wage subsidy payments to eligible Puerto Rico employees, such participating employer shall be treated for purposes of this title as having paid to the Secretary, on the date any such qualified wage subsidy payment is paid, payroll taxes in an amount equal to such wage subsidy payment. ``(2) Information required.--The information required under this paragraph is the following: ``(A) An estimate of the number of workers who will be employed by the participating employer for the applicable period. ``(B) An estimate of the payroll taxes (determined without regard to any increase in tax under section 3111 by reason of subsection (g)(2)) that will be paid by the participating employer with respect to all employees for such applicable period. ``(C) An estimate of the number of eligible Puerto Rico employees who will be employed by the participating employer for such applicable period and the hourly rate of pay for each such employee (determined without regard to any qualified wage subsidy payment). ``(c) Eligible Puerto Rico Employee.--For purposes of this section, the term `eligible Puerto Rico employee' means, with respect to any calendar year, any individual who-- ``(1) is a citizen of the United States, ``(2) has a social security number issued to the individual by the Social Security Administration, and ``(3) certifies, in such form and manner as provided by the Secretary, to the employer that such individual is a resident of Puerto Rico and intends to remain a resident of Puerto Rico for not less than the next 6 months. ``(d) Qualified Wage Subsidy Payment.--For purposes of this section-- ``(1) In general.--The term `qualified wage subsidy payment' means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of-- ``(A) the median hourly wage for Puerto Rico, over ``(B) the hourly wage paid to the eligible Puerto Rico employee. ``(3) Determination of hourly wage.--For purposes of paragraph (1)(B)-- ``(A) In general.--The hourly wage of any employee shall be determined without regard to any qualified wage subsidy payment under this section. ``(C) Salaried employees.--In the case of a salaried employee, the hourly wage for such employee for any period shall be determined by dividing the annual rate of pay for such period by 2,080. ``(2) Wage subsidy payments in excess of payroll tax liability.--To the extent that the amount treated as paid under subsection (a) exceeds the amount of such person's liability for payroll taxes, the Secretary shall credit and refund such excess in the same manner as if it were an overpayment of such taxes. ``(2) Treatment of payments.--For purposes of this title, the amount of taxes imposed under section 3111 on any participating employer for any calendar quarter shall be increased by an amount equal to any payment made under paragraph (1) with respect to such calendar quarter.''. ( (c) Conforming Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``, and'', and by inserting after paragraph (17) the following new paragraph: ``(18) in the case of an eligible Puerto Rico employee (as defined in section 6431), the amount of any qualified wage subsidy payment paid to such employee.''. ( (e) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2021.

To decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) if such employee is an eligible Puerto Rico employee, as defined in section 6431(c) of the Internal Revenue Code of 1986, who receives a qualified wage subsidy payment under section 6431 of such Code from a participating employer, $5.00 an hour (as determined without regard to the qualified wage subsidy payment);''. ``(2) Information required.--The information required under this paragraph is the following: ``(A) An estimate of the number of workers who will be employed by the participating employer for the applicable period. ``(C) An estimate of the number of eligible Puerto Rico employees who will be employed by the participating employer for such applicable period and the hourly rate of pay for each such employee (determined without regard to any qualified wage subsidy payment). ``(c) Eligible Puerto Rico Employee.--For purposes of this section, the term `eligible Puerto Rico employee' means, with respect to any calendar year, any individual who-- ``(1) is a citizen of the United States, ``(2) has a social security number issued to the individual by the Social Security Administration, and ``(3) certifies, in such form and manner as provided by the Secretary, to the employer that such individual is a resident of Puerto Rico and intends to remain a resident of Puerto Rico for not less than the next 6 months. ``(d) Qualified Wage Subsidy Payment.--For purposes of this section-- ``(1) In general.--The term `qualified wage subsidy payment' means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of-- ``(A) the median hourly wage for Puerto Rico, over ``(B) the hourly wage paid to the eligible Puerto Rico employee. ``(f) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable period.--For purposes of this section, the term `applicable period' means-- ``(A) except as provided in subparagraph (B), a calendar quarter, and ``(B) in the case of any employer which files returns for payroll taxes less frequently than quarterly, such period as determined by the Secretary under regulations. b) Social Security Trust Funds Held Harmless.--In determining the amount of any amount transferred or appropriated to any fund under the Social Security Act, section 6431 of the Internal Revenue Code of 1986 shall not be taken into account. ( (d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``, and'', and by inserting after paragraph (17) the following new paragraph: ``(18) in the case of an eligible Puerto Rico employee (as defined in section 6431), the amount of any qualified wage subsidy payment paid to such employee.''. ( 2) Penalty for failure to provide information to employees.--Section 6652 of such Code is amended by adding at the end the following new subsection: ``(q) Failure To Report Wage Subsidy Information to Employees.--In the case of a failure to provide the information required under section 6431(b)(1)(C) at the time required for providing such information, there shall be paid (upon notice and demand by the Secretary and in the same manner as tax) by the person failing to provide such information, an amount equal to $50 for each such failure.

To decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) if such employee is an eligible Puerto Rico employee, as defined in section 6431(c) of the Internal Revenue Code of 1986, who receives a qualified wage subsidy payment under section 6431 of such Code from a participating employer, $5.00 an hour (as determined without regard to the qualified wage subsidy payment);''. ``(a) In General.--In the case of a participating employer which makes qualified wage subsidy payments to eligible Puerto Rico employees, such participating employer shall be treated for purposes of this title as having paid to the Secretary, on the date any such qualified wage subsidy payment is paid, payroll taxes in an amount equal to such wage subsidy payment. ``(2) Information required.--The information required under this paragraph is the following: ``(A) An estimate of the number of workers who will be employed by the participating employer for the applicable period. ``(B) An estimate of the payroll taxes (determined without regard to any increase in tax under section 3111 by reason of subsection (g)(2)) that will be paid by the participating employer with respect to all employees for such applicable period. ``(C) An estimate of the number of eligible Puerto Rico employees who will be employed by the participating employer for such applicable period and the hourly rate of pay for each such employee (determined without regard to any qualified wage subsidy payment). ``(c) Eligible Puerto Rico Employee.--For purposes of this section, the term `eligible Puerto Rico employee' means, with respect to any calendar year, any individual who-- ``(1) is a citizen of the United States, ``(2) has a social security number issued to the individual by the Social Security Administration, and ``(3) certifies, in such form and manner as provided by the Secretary, to the employer that such individual is a resident of Puerto Rico and intends to remain a resident of Puerto Rico for not less than the next 6 months. ``(d) Qualified Wage Subsidy Payment.--For purposes of this section-- ``(1) In general.--The term `qualified wage subsidy payment' means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of-- ``(A) the median hourly wage for Puerto Rico, over ``(B) the hourly wage paid to the eligible Puerto Rico employee. ``(3) Determination of hourly wage.--For purposes of paragraph (1)(B)-- ``(A) In general.--The hourly wage of any employee shall be determined without regard to any qualified wage subsidy payment under this section. ``(C) Salaried employees.--In the case of a salaried employee, the hourly wage for such employee for any period shall be determined by dividing the annual rate of pay for such period by 2,080. ``(2) Wage subsidy payments in excess of payroll tax liability.--To the extent that the amount treated as paid under subsection (a) exceeds the amount of such person's liability for payroll taxes, the Secretary shall credit and refund such excess in the same manner as if it were an overpayment of such taxes. ``(2) Treatment of payments.--For purposes of this title, the amount of taxes imposed under section 3111 on any participating employer for any calendar quarter shall be increased by an amount equal to any payment made under paragraph (1) with respect to such calendar quarter.''. ( (c) Conforming Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``, and'', and by inserting after paragraph (17) the following new paragraph: ``(18) in the case of an eligible Puerto Rico employee (as defined in section 6431), the amount of any qualified wage subsidy payment paid to such employee.''. ( (e) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2021.

To decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers. ``(d) Qualified Wage Subsidy Payment.--For purposes of this section-- ``(1) In general.--The term `qualified wage subsidy payment' means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of-- ``(A) the median hourly wage for Puerto Rico, over ``(B) the hourly wage paid to the eligible Puerto Rico employee. ``(f) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable period.--For purposes of this section, the term `applicable period' means-- ``(A) except as provided in subparagraph (B), a calendar quarter, and ``(B) in the case of any employer which files returns for payroll taxes less frequently than quarterly, such period as determined by the Secretary under regulations. d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``, and'', and by inserting after paragraph (17) the following new paragraph: ``(18) in the case of an eligible Puerto Rico employee (as defined in section 6431), the amount of any qualified wage subsidy payment paid to such employee.''. (

To decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) if such employee is an eligible Puerto Rico employee, as defined in section 6431(c) of the Internal Revenue Code of 1986, who receives a qualified wage subsidy payment under section 6431 of such Code from a participating employer, $5.00 an hour (as determined without regard to the qualified wage subsidy payment);''. ``(C) An estimate of the number of eligible Puerto Rico employees who will be employed by the participating employer for such applicable period and the hourly rate of pay for each such employee (determined without regard to any qualified wage subsidy payment). ``(d) Qualified Wage Subsidy Payment.--For purposes of this section-- ``(1) In general.--The term `qualified wage subsidy payment' means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of-- ``(A) the median hourly wage for Puerto Rico, over ``(B) the hourly wage paid to the eligible Puerto Rico employee. ``(C) Salaried employees.--In the case of a salaried employee, the hourly wage for such employee for any period shall be determined by dividing the annual rate of pay for such period by 2,080. d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``, and'', and by inserting after paragraph (17) the following new paragraph: ``(18) in the case of an eligible Puerto Rico employee (as defined in section 6431), the amount of any qualified wage subsidy payment paid to such employee.''. ( (e) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2021.

To decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers. ``(d) Qualified Wage Subsidy Payment.--For purposes of this section-- ``(1) In general.--The term `qualified wage subsidy payment' means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of-- ``(A) the median hourly wage for Puerto Rico, over ``(B) the hourly wage paid to the eligible Puerto Rico employee. ``(f) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable period.--For purposes of this section, the term `applicable period' means-- ``(A) except as provided in subparagraph (B), a calendar quarter, and ``(B) in the case of any employer which files returns for payroll taxes less frequently than quarterly, such period as determined by the Secretary under regulations. d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``, and'', and by inserting after paragraph (17) the following new paragraph: ``(18) in the case of an eligible Puerto Rico employee (as defined in section 6431), the amount of any qualified wage subsidy payment paid to such employee.''. (

To decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) if such employee is an eligible Puerto Rico employee, as defined in section 6431(c) of the Internal Revenue Code of 1986, who receives a qualified wage subsidy payment under section 6431 of such Code from a participating employer, $5.00 an hour (as determined without regard to the qualified wage subsidy payment);''. ``(C) An estimate of the number of eligible Puerto Rico employees who will be employed by the participating employer for such applicable period and the hourly rate of pay for each such employee (determined without regard to any qualified wage subsidy payment). ``(d) Qualified Wage Subsidy Payment.--For purposes of this section-- ``(1) In general.--The term `qualified wage subsidy payment' means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of-- ``(A) the median hourly wage for Puerto Rico, over ``(B) the hourly wage paid to the eligible Puerto Rico employee. ``(C) Salaried employees.--In the case of a salaried employee, the hourly wage for such employee for any period shall be determined by dividing the annual rate of pay for such period by 2,080. d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``, and'', and by inserting after paragraph (17) the following new paragraph: ``(18) in the case of an eligible Puerto Rico employee (as defined in section 6431), the amount of any qualified wage subsidy payment paid to such employee.''. ( (e) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2021.

Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2021 or the EMPLEO Act This bill amends the Internal Revenue Code to require a participating employer to pay an eligible Puerto Rico employee who receives a qualified wage subsidy payment under the Fair Labor Standards Act of 1938 $5.00 an hour if such employee is a citizen of the United States, has a social security Amends the Internal Revenue Code to require the Secretary of the Treasury to pay to participating employers an amount equal to the excess of: (1) the aggregate amount of qualified wage subsidy payments for such applicable period (as determined based on estimates submitted under this Act); and (2) payroll taxes for such period. (Currently, the amount of such payments is treated as an overpayment of

H.R.3729

Education

Northern Mariana Islands and American Samoa College Access Act This bill establishes a grant program to cover the difference between in-state tuition and out-of-state tuition for students who are from either the Northern Mariana Islands or American Samoa and who attend a public institution of higher education in a different state or territory. The Government Accountability Office must report on the program's effectiveness in expanding educational opportunities for such students.

To amend the Higher Education Act of 1965 to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Mariana Islands and American Samoa College Access Act''. SEC. 2. NORTHERN MARIANA ISLANDS AND AMERICAN SAMOA COLLEGE ACCESS. Subpart 10 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070h) is amended to read as follows: ``Subpart 10--Northern Mariana Islands and American Samoa College Access ``SEC. 420R. PUBLIC SCHOOL GRANTS. ``(a) Purpose.--It is the purpose of this subpart to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education. ``(b) Grants.-- ``(1) In general.--From amounts appropriated under subsection (j), the Secretary shall provide-- ``(A) 50 percent of such amount to the Northern Mariana Islands for the Governor to award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in-State students and the tuition and fees charged for out-of-State students on behalf of each eligible student enrolled in the eligible institution; and ``(B) 50 percent of such amount to the American Samoa for the Governor to award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in- State students and the tuition and fees charged for out-of-State students on behalf of each eligible student enrolled in the eligible institution. ``(2) Maximum student amounts.--The amount paid on behalf of an eligible student under this section shall be-- ``(A) not more than $15,000 for any one award year (as defined in section 481); and ``(B) not more than $45,000 in the aggregate. ``(3) Proration.--The Governor shall prorate payments under this section for students who attend an eligible institution on less than a full-time basis. ``(c) Reduction for Insufficient Appropriations.-- ``(1) In general.--If the funds appropriated pursuant to subsection (j) for any fiscal year are insufficient to award a grant in the amount determined under subsection (a) on behalf of each eligible student enrolled in an eligible institution, then the Governor, in consultation with the Secretary of Education, shall-- ``(A) first, ratably reduce the amount of the tuition and fee payment made on behalf of each eligible student who has not received funds under this section for a preceding year; and ``(B) after making reductions under subparagraph (A), ratably reduce the amount of the tuition and fee payments made on behalf of all other eligible students. ``(2) Adjustments.--The Governor, in consultation with the Secretary of Education, may adjust the amount of tuition and fee payments made under paragraph (1) based on-- ``(A) the financial need of the eligible students to avoid undue hardship to the eligible students; or ``(B) undue administrative burdens on the Governor. ``(3) Further adjustments.--Notwithstanding paragraphs (1) and (2), the Governor may prioritize the making or amount of tuition and fee payments under this subsection based on the income and financial need of eligible students. ``(d) Definitions.--In this subpart: ``(1) Eligible institution.--The term `eligible institution' means an institution that-- ``(A) is a public four-year institution of higher education located in one of the several States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or Guam; ``(B) is eligible to participate in the student financial assistance programs under this title; and ``(C) enters into an agreement with the Governors of the Northern Mariana Islands and American Samoa containing such conditions as each Governor may specify, including a requirement that the institution use the funds made available under this section to supplement and not supplant assistance that otherwise would be provided to eligible students from the Northern Mariana Islands and American Samoa. ``(2) Eligible student.--The term `eligible student' means an individual who-- ``(A) graduated from a public institution of higher education located in the Northern Mariana Islands or American Samoa; ``(B) begins the individual's course of study within the 3 calendar years (excluding any period of service on active duty in the Armed Forces or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) or subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.)) of graduation from a public institution of higher education located in the Northern Mariana Islands or American Samoa; ``(C) is enrolled or accepted for enrollment, on at least a half-time basis, in a baccalaureate degree or other program (including a program of study abroad approved for credit by the institution at which such student is enrolled) leading to a recognized educational credential at an eligible institution; ``(D) if enrolled in an eligible institution, is maintaining satisfactory progress in the course of study the student is pursuing in accordance with section 484(c); and ``(E) has not completed the individual's first undergraduate baccalaureate course of study. ``(3) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101. ``(4) Governor.--The term `Governor' means the Governor of the Commonwealth of the Northern Mariana Islands or American Samoa. ``(e) Construction.--Nothing in this subpart shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable an eligible student to enroll in the institution. ``(f) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. ``(g) Administration of Program.-- ``(1) In general.--Each Governor shall carry out the program under this section in consultation with the Secretary. Each Governor may enter into a grant, contract, or cooperative agreement with another public or private entity to administer the program under this section if the Governor determines that doing so is a more efficient way of carrying out the program. ``(2) Policies and procedures.--Each Governor, in consultation with institutions of higher education eligible for participation in the program authorized under this section, shall develop policies and procedures for the administration of the program. ``(3) Memorandum of agreement.--Each Governor and the Secretary shall enter into a Memorandum of Agreement that describes-- ``(A) the manner in which the Governor shall consult with the Secretary with respect to administering the program under this section; and ``(B) any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program under this section (which may include access to the information in the common financial reporting form developed under section 483). ``(h) Governor's Report.--Each Governor shall report to the Secretary and the authorizing committees annually regarding-- ``(1) the number of eligible students attending each eligible institution and the amount of the grant awards paid to those institutions on behalf of the eligible students; ``(2) the extent, if any, to which a ratable reduction was made in the amount of tuition and fee payments made on behalf of eligible students; and ``(3) the progress in obtaining recognized academic credentials of the cohort of eligible students for each year. ``(i) GAO Report.--Not later than 24 months of the date of enactment of the Northern Mariana Islands and American Samoa College Access Act, the Comptroller General of the United States shall report on the effect of the program assisted under this section on educational opportunities for eligible students. The Comptroller General shall analyze whether eligible students had difficulty gaining admission to eligible institutions because of any preference afforded to in-State residents by eligible institutions, and shall expeditiously report any findings regarding such difficulty to Congress. In addition the Comptroller General shall-- ``(1) analyze and identify any challenges eligible students face in gaining admission to eligible institutions, including admission aided by assistance provided under this subpart, due to-- ``(A) caps on the number of out-of-State students the institution will enroll; ``(B) significant barriers imposed by academic entrance requirements (such as grade point average and standardized scholastic admissions tests); and ``(C) absence of admission programs benefitting minority students; and ``(2) report the findings of the analysis described in paragraph (1) and the assessment described in paragraph (2) to Congress and the Governor. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to the Commonwealth of the Northern Mariana Islands and American Samoa to carry out this subpart $5,000,000, to be available until expended, for fiscal year 2022 and each of the 5 succeeding fiscal years. ``(k) Effective Date.--This subpart shall take effect with respect to payments for periods of instruction that begin on or after the date of enactment of the Northern Mariana Islands and American Samoa College Access Act.''. <all>

Northern Mariana Islands and American Samoa College Access Act

To amend the Higher Education Act of 1965 to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education, and for other purposes.

Northern Mariana Islands and American Samoa College Access Act

Del. Sablan, Gregorio Kilili Camacho

D

MP

This bill establishes a grant program to cover the difference between in-state tuition and out-of-state tuition for students who are from either the Northern Mariana Islands or American Samoa and who attend a public institution of higher education in a different state or territory. The Government Accountability Office must report on the program's effectiveness in expanding educational opportunities for such students.

This Act may be cited as the ``Northern Mariana Islands and American Samoa College Access Act''. SEC. 2. Subpart 10 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. PUBLIC SCHOOL GRANTS. ``(a) Purpose.--It is the purpose of this subpart to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education. ``(b) Grants.-- ``(1) In general.--From amounts appropriated under subsection (j), the Secretary shall provide-- ``(A) 50 percent of such amount to the Northern Mariana Islands for the Governor to award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in-State students and the tuition and fees charged for out-of-State students on behalf of each eligible student enrolled in the eligible institution; and ``(B) 50 percent of such amount to the American Samoa for the Governor to award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in- State students and the tuition and fees charged for out-of-State students on behalf of each eligible student enrolled in the eligible institution. 2501 et seq.) ``(3) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101. ``(f) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. ``(g) Administration of Program.-- ``(1) In general.--Each Governor shall carry out the program under this section in consultation with the Secretary. In addition the Comptroller General shall-- ``(1) analyze and identify any challenges eligible students face in gaining admission to eligible institutions, including admission aided by assistance provided under this subpart, due to-- ``(A) caps on the number of out-of-State students the institution will enroll; ``(B) significant barriers imposed by academic entrance requirements (such as grade point average and standardized scholastic admissions tests); and ``(C) absence of admission programs benefitting minority students; and ``(2) report the findings of the analysis described in paragraph (1) and the assessment described in paragraph (2) to Congress and the Governor. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to the Commonwealth of the Northern Mariana Islands and American Samoa to carry out this subpart $5,000,000, to be available until expended, for fiscal year 2022 and each of the 5 succeeding fiscal years.

This Act may be cited as the ``Northern Mariana Islands and American Samoa College Access Act''. SEC. 2. Subpart 10 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. PUBLIC SCHOOL GRANTS. ``(b) Grants.-- ``(1) In general.--From amounts appropriated under subsection (j), the Secretary shall provide-- ``(A) 50 percent of such amount to the Northern Mariana Islands for the Governor to award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in-State students and the tuition and fees charged for out-of-State students on behalf of each eligible student enrolled in the eligible institution; and ``(B) 50 percent of such amount to the American Samoa for the Governor to award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in- State students and the tuition and fees charged for out-of-State students on behalf of each eligible student enrolled in the eligible institution. 2501 et seq.) ``(3) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101. ``(g) Administration of Program.-- ``(1) In general.--Each Governor shall carry out the program under this section in consultation with the Secretary. In addition the Comptroller General shall-- ``(1) analyze and identify any challenges eligible students face in gaining admission to eligible institutions, including admission aided by assistance provided under this subpart, due to-- ``(A) caps on the number of out-of-State students the institution will enroll; ``(B) significant barriers imposed by academic entrance requirements (such as grade point average and standardized scholastic admissions tests); and ``(C) absence of admission programs benefitting minority students; and ``(2) report the findings of the analysis described in paragraph (1) and the assessment described in paragraph (2) to Congress and the Governor. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to the Commonwealth of the Northern Mariana Islands and American Samoa to carry out this subpart $5,000,000, to be available until expended, for fiscal year 2022 and each of the 5 succeeding fiscal years.

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 ``Northern Mariana Islands and American Samoa College Access Act''. SEC. 2. Subpart 10 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 420R. PUBLIC SCHOOL GRANTS. ``(a) Purpose.--It is the purpose of this subpart to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education. ``(b) Grants.-- ``(1) In general.--From amounts appropriated under subsection (j), the Secretary shall provide-- ``(A) 50 percent of such amount to the Northern Mariana Islands for the Governor to award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in-State students and the tuition and fees charged for out-of-State students on behalf of each eligible student enrolled in the eligible institution; and ``(B) 50 percent of such amount to the American Samoa for the Governor to award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in- State students and the tuition and fees charged for out-of-State students on behalf of each eligible student enrolled in the eligible institution. ``(2) Adjustments.--The Governor, in consultation with the Secretary of Education, may adjust the amount of tuition and fee payments made under paragraph (1) based on-- ``(A) the financial need of the eligible students to avoid undue hardship to the eligible students; or ``(B) undue administrative burdens on the Governor. 2501 et seq.) or subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. of graduation from a public institution of higher education located in the Northern Mariana Islands or American Samoa; ``(C) is enrolled or accepted for enrollment, on at least a half-time basis, in a baccalaureate degree or other program (including a program of study abroad approved for credit by the institution at which such student is enrolled) leading to a recognized educational credential at an eligible institution; ``(D) if enrolled in an eligible institution, is maintaining satisfactory progress in the course of study the student is pursuing in accordance with section 484(c); and ``(E) has not completed the individual's first undergraduate baccalaureate course of study. ``(3) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101. ``(f) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. ``(g) Administration of Program.-- ``(1) In general.--Each Governor shall carry out the program under this section in consultation with the Secretary. Each Governor may enter into a grant, contract, or cooperative agreement with another public or private entity to administer the program under this section if the Governor determines that doing so is a more efficient way of carrying out the program. ``(2) Policies and procedures.--Each Governor, in consultation with institutions of higher education eligible for participation in the program authorized under this section, shall develop policies and procedures for the administration of the program. In addition the Comptroller General shall-- ``(1) analyze and identify any challenges eligible students face in gaining admission to eligible institutions, including admission aided by assistance provided under this subpart, due to-- ``(A) caps on the number of out-of-State students the institution will enroll; ``(B) significant barriers imposed by academic entrance requirements (such as grade point average and standardized scholastic admissions tests); and ``(C) absence of admission programs benefitting minority students; and ``(2) report the findings of the analysis described in paragraph (1) and the assessment described in paragraph (2) to Congress and the Governor. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to the Commonwealth of the Northern Mariana Islands and American Samoa to carry out this subpart $5,000,000, to be available until expended, for fiscal year 2022 and each of the 5 succeeding fiscal years. ``(k) Effective Date.--This subpart shall take effect with respect to payments for periods of instruction that begin on or after the date of enactment of the Northern Mariana Islands and American Samoa College Access Act.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Mariana Islands and American Samoa College Access Act''. SEC. 2. Subpart 10 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 420R. PUBLIC SCHOOL GRANTS. ``(a) Purpose.--It is the purpose of this subpart to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education. ``(b) Grants.-- ``(1) In general.--From amounts appropriated under subsection (j), the Secretary shall provide-- ``(A) 50 percent of such amount to the Northern Mariana Islands for the Governor to award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in-State students and the tuition and fees charged for out-of-State students on behalf of each eligible student enrolled in the eligible institution; and ``(B) 50 percent of such amount to the American Samoa for the Governor to award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in- State students and the tuition and fees charged for out-of-State students on behalf of each eligible student enrolled in the eligible institution. ``(2) Maximum student amounts.--The amount paid on behalf of an eligible student under this section shall be-- ``(A) not more than $15,000 for any one award year (as defined in section 481); and ``(B) not more than $45,000 in the aggregate. ``(c) Reduction for Insufficient Appropriations.-- ``(1) In general.--If the funds appropriated pursuant to subsection (j) for any fiscal year are insufficient to award a grant in the amount determined under subsection (a) on behalf of each eligible student enrolled in an eligible institution, then the Governor, in consultation with the Secretary of Education, shall-- ``(A) first, ratably reduce the amount of the tuition and fee payment made on behalf of each eligible student who has not received funds under this section for a preceding year; and ``(B) after making reductions under subparagraph (A), ratably reduce the amount of the tuition and fee payments made on behalf of all other eligible students. ``(2) Adjustments.--The Governor, in consultation with the Secretary of Education, may adjust the amount of tuition and fee payments made under paragraph (1) based on-- ``(A) the financial need of the eligible students to avoid undue hardship to the eligible students; or ``(B) undue administrative burdens on the Governor. 2501 et seq.) or subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. of graduation from a public institution of higher education located in the Northern Mariana Islands or American Samoa; ``(C) is enrolled or accepted for enrollment, on at least a half-time basis, in a baccalaureate degree or other program (including a program of study abroad approved for credit by the institution at which such student is enrolled) leading to a recognized educational credential at an eligible institution; ``(D) if enrolled in an eligible institution, is maintaining satisfactory progress in the course of study the student is pursuing in accordance with section 484(c); and ``(E) has not completed the individual's first undergraduate baccalaureate course of study. ``(3) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101. ``(f) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. ``(g) Administration of Program.-- ``(1) In general.--Each Governor shall carry out the program under this section in consultation with the Secretary. Each Governor may enter into a grant, contract, or cooperative agreement with another public or private entity to administer the program under this section if the Governor determines that doing so is a more efficient way of carrying out the program. ``(2) Policies and procedures.--Each Governor, in consultation with institutions of higher education eligible for participation in the program authorized under this section, shall develop policies and procedures for the administration of the program. ``(3) Memorandum of agreement.--Each Governor and the Secretary shall enter into a Memorandum of Agreement that describes-- ``(A) the manner in which the Governor shall consult with the Secretary with respect to administering the program under this section; and ``(B) any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program under this section (which may include access to the information in the common financial reporting form developed under section 483). In addition the Comptroller General shall-- ``(1) analyze and identify any challenges eligible students face in gaining admission to eligible institutions, including admission aided by assistance provided under this subpart, due to-- ``(A) caps on the number of out-of-State students the institution will enroll; ``(B) significant barriers imposed by academic entrance requirements (such as grade point average and standardized scholastic admissions tests); and ``(C) absence of admission programs benefitting minority students; and ``(2) report the findings of the analysis described in paragraph (1) and the assessment described in paragraph (2) to Congress and the Governor. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to the Commonwealth of the Northern Mariana Islands and American Samoa to carry out this subpart $5,000,000, to be available until expended, for fiscal year 2022 and each of the 5 succeeding fiscal years. ``(k) Effective Date.--This subpart shall take effect with respect to payments for periods of instruction that begin on or after the date of enactment of the Northern Mariana Islands and American Samoa College Access Act.''.

To amend the Higher Education Act of 1965 to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education, and for other purposes. Subpart 10 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070h) is amended to read as follows: ``Subpart 10--Northern Mariana Islands and American Samoa College Access ``SEC. ``(2) Maximum student amounts.--The amount paid on behalf of an eligible student under this section shall be-- ``(A) not more than $15,000 for any one award year (as defined in section 481); and ``(B) not more than $45,000 in the aggregate. ``(3) Proration.--The Governor shall prorate payments under this section for students who attend an eligible institution on less than a full-time basis. ``(2) Adjustments.--The Governor, in consultation with the Secretary of Education, may adjust the amount of tuition and fee payments made under paragraph (1) based on-- ``(A) the financial need of the eligible students to avoid undue hardship to the eligible students; or ``(B) undue administrative burdens on the Governor. ``(3) Further adjustments.--Notwithstanding paragraphs (1) and (2), the Governor may prioritize the making or amount of tuition and fee payments under this subsection based on the income and financial need of eligible students. ``(2) Eligible student.--The term `eligible student' means an individual who-- ``(A) graduated from a public institution of higher education located in the Northern Mariana Islands or American Samoa; ``(B) begins the individual's course of study within the 3 calendar years (excluding any period of service on active duty in the Armed Forces or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) or subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.)) ``(3) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101. ``(f) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. Each Governor may enter into a grant, contract, or cooperative agreement with another public or private entity to administer the program under this section if the Governor determines that doing so is a more efficient way of carrying out the program. ``(3) Memorandum of agreement.--Each Governor and the Secretary shall enter into a Memorandum of Agreement that describes-- ``(A) the manner in which the Governor shall consult with the Secretary with respect to administering the program under this section; and ``(B) any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program under this section (which may include access to the information in the common financial reporting form developed under section 483). ``(i) GAO Report.--Not later than 24 months of the date of enactment of the Northern Mariana Islands and American Samoa College Access Act, the Comptroller General of the United States shall report on the effect of the program assisted under this section on educational opportunities for eligible students. The Comptroller General shall analyze whether eligible students had difficulty gaining admission to eligible institutions because of any preference afforded to in-State residents by eligible institutions, and shall expeditiously report any findings regarding such difficulty to Congress. ``(k) Effective Date.--This subpart shall take effect with respect to payments for periods of instruction that begin on or after the date of enactment of the Northern Mariana Islands and American Samoa College Access Act.''.

To amend the Higher Education Act of 1965 to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education, and for other purposes. ``(a) Purpose.--It is the purpose of this subpart to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education. ``(2) Adjustments.--The Governor, in consultation with the Secretary of Education, may adjust the amount of tuition and fee payments made under paragraph (1) based on-- ``(A) the financial need of the eligible students to avoid undue hardship to the eligible students; or ``(B) undue administrative burdens on the Governor. ``(3) Further adjustments.--Notwithstanding paragraphs (1) and (2), the Governor may prioritize the making or amount of tuition and fee payments under this subsection based on the income and financial need of eligible students. ``(2) Eligible student.--The term `eligible student' means an individual who-- ``(A) graduated from a public institution of higher education located in the Northern Mariana Islands or American Samoa; ``(B) begins the individual's course of study within the 3 calendar years (excluding any period of service on active duty in the Armed Forces or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) ``(f) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. ``(2) Policies and procedures.--Each Governor, in consultation with institutions of higher education eligible for participation in the program authorized under this section, shall develop policies and procedures for the administration of the program. ``(3) Memorandum of agreement.--Each Governor and the Secretary shall enter into a Memorandum of Agreement that describes-- ``(A) the manner in which the Governor shall consult with the Secretary with respect to administering the program under this section; and ``(B) any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program under this section (which may include access to the information in the common financial reporting form developed under section 483). ``(j) Authorization of Appropriations.--There are authorized to be appropriated to the Commonwealth of the Northern Mariana Islands and American Samoa to carry out this subpart $5,000,000, to be available until expended, for fiscal year 2022 and each of the 5 succeeding fiscal years. ``(k) Effective Date.--This subpart shall take effect with respect to payments for periods of instruction that begin on or after the date of enactment of the Northern Mariana Islands and American Samoa College Access Act.''.

To amend the Higher Education Act of 1965 to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education, and for other purposes. ``(a) Purpose.--It is the purpose of this subpart to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education. ``(2) Adjustments.--The Governor, in consultation with the Secretary of Education, may adjust the amount of tuition and fee payments made under paragraph (1) based on-- ``(A) the financial need of the eligible students to avoid undue hardship to the eligible students; or ``(B) undue administrative burdens on the Governor. ``(3) Further adjustments.--Notwithstanding paragraphs (1) and (2), the Governor may prioritize the making or amount of tuition and fee payments under this subsection based on the income and financial need of eligible students. ``(2) Eligible student.--The term `eligible student' means an individual who-- ``(A) graduated from a public institution of higher education located in the Northern Mariana Islands or American Samoa; ``(B) begins the individual's course of study within the 3 calendar years (excluding any period of service on active duty in the Armed Forces or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) ``(f) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. ``(2) Policies and procedures.--Each Governor, in consultation with institutions of higher education eligible for participation in the program authorized under this section, shall develop policies and procedures for the administration of the program. ``(3) Memorandum of agreement.--Each Governor and the Secretary shall enter into a Memorandum of Agreement that describes-- ``(A) the manner in which the Governor shall consult with the Secretary with respect to administering the program under this section; and ``(B) any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program under this section (which may include access to the information in the common financial reporting form developed under section 483). ``(j) Authorization of Appropriations.--There are authorized to be appropriated to the Commonwealth of the Northern Mariana Islands and American Samoa to carry out this subpart $5,000,000, to be available until expended, for fiscal year 2022 and each of the 5 succeeding fiscal years. ``(k) Effective Date.--This subpart shall take effect with respect to payments for periods of instruction that begin on or after the date of enactment of the Northern Mariana Islands and American Samoa College Access Act.''.

To amend the Higher Education Act of 1965 to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education, and for other purposes. Subpart 10 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070h) is amended to read as follows: ``Subpart 10--Northern Mariana Islands and American Samoa College Access ``SEC. ``(2) Maximum student amounts.--The amount paid on behalf of an eligible student under this section shall be-- ``(A) not more than $15,000 for any one award year (as defined in section 481); and ``(B) not more than $45,000 in the aggregate. ``(3) Proration.--The Governor shall prorate payments under this section for students who attend an eligible institution on less than a full-time basis. ``(2) Adjustments.--The Governor, in consultation with the Secretary of Education, may adjust the amount of tuition and fee payments made under paragraph (1) based on-- ``(A) the financial need of the eligible students to avoid undue hardship to the eligible students; or ``(B) undue administrative burdens on the Governor. ``(3) Further adjustments.--Notwithstanding paragraphs (1) and (2), the Governor may prioritize the making or amount of tuition and fee payments under this subsection based on the income and financial need of eligible students. ``(2) Eligible student.--The term `eligible student' means an individual who-- ``(A) graduated from a public institution of higher education located in the Northern Mariana Islands or American Samoa; ``(B) begins the individual's course of study within the 3 calendar years (excluding any period of service on active duty in the Armed Forces or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) or subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.)) ``(3) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101. ``(f) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. Each Governor may enter into a grant, contract, or cooperative agreement with another public or private entity to administer the program under this section if the Governor determines that doing so is a more efficient way of carrying out the program. ``(3) Memorandum of agreement.--Each Governor and the Secretary shall enter into a Memorandum of Agreement that describes-- ``(A) the manner in which the Governor shall consult with the Secretary with respect to administering the program under this section; and ``(B) any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program under this section (which may include access to the information in the common financial reporting form developed under section 483). ``(i) GAO Report.--Not later than 24 months of the date of enactment of the Northern Mariana Islands and American Samoa College Access Act, the Comptroller General of the United States shall report on the effect of the program assisted under this section on educational opportunities for eligible students. The Comptroller General shall analyze whether eligible students had difficulty gaining admission to eligible institutions because of any preference afforded to in-State residents by eligible institutions, and shall expeditiously report any findings regarding such difficulty to Congress. ``(k) Effective Date.--This subpart shall take effect with respect to payments for periods of instruction that begin on or after the date of enactment of the Northern Mariana Islands and American Samoa College Access Act.''.

To amend the Higher Education Act of 1965 to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education, and for other purposes. ``(a) Purpose.--It is the purpose of this subpart to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education. ``(2) Adjustments.--The Governor, in consultation with the Secretary of Education, may adjust the amount of tuition and fee payments made under paragraph (1) based on-- ``(A) the financial need of the eligible students to avoid undue hardship to the eligible students; or ``(B) undue administrative burdens on the Governor. ``(3) Further adjustments.--Notwithstanding paragraphs (1) and (2), the Governor may prioritize the making or amount of tuition and fee payments under this subsection based on the income and financial need of eligible students. ``(2) Eligible student.--The term `eligible student' means an individual who-- ``(A) graduated from a public institution of higher education located in the Northern Mariana Islands or American Samoa; ``(B) begins the individual's course of study within the 3 calendar years (excluding any period of service on active duty in the Armed Forces or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) ``(f) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. ``(2) Policies and procedures.--Each Governor, in consultation with institutions of higher education eligible for participation in the program authorized under this section, shall develop policies and procedures for the administration of the program. ``(3) Memorandum of agreement.--Each Governor and the Secretary shall enter into a Memorandum of Agreement that describes-- ``(A) the manner in which the Governor shall consult with the Secretary with respect to administering the program under this section; and ``(B) any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program under this section (which may include access to the information in the common financial reporting form developed under section 483). ``(j) Authorization of Appropriations.--There are authorized to be appropriated to the Commonwealth of the Northern Mariana Islands and American Samoa to carry out this subpart $5,000,000, to be available until expended, for fiscal year 2022 and each of the 5 succeeding fiscal years. ``(k) Effective Date.--This subpart shall take effect with respect to payments for periods of instruction that begin on or after the date of enactment of the Northern Mariana Islands and American Samoa College Access Act.''.

To amend the Higher Education Act of 1965 to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education, and for other purposes. Subpart 10 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070h) is amended to read as follows: ``Subpart 10--Northern Mariana Islands and American Samoa College Access ``SEC. ``(2) Maximum student amounts.--The amount paid on behalf of an eligible student under this section shall be-- ``(A) not more than $15,000 for any one award year (as defined in section 481); and ``(B) not more than $45,000 in the aggregate. ``(3) Proration.--The Governor shall prorate payments under this section for students who attend an eligible institution on less than a full-time basis. ``(2) Adjustments.--The Governor, in consultation with the Secretary of Education, may adjust the amount of tuition and fee payments made under paragraph (1) based on-- ``(A) the financial need of the eligible students to avoid undue hardship to the eligible students; or ``(B) undue administrative burdens on the Governor. ``(3) Further adjustments.--Notwithstanding paragraphs (1) and (2), the Governor may prioritize the making or amount of tuition and fee payments under this subsection based on the income and financial need of eligible students. ``(2) Eligible student.--The term `eligible student' means an individual who-- ``(A) graduated from a public institution of higher education located in the Northern Mariana Islands or American Samoa; ``(B) begins the individual's course of study within the 3 calendar years (excluding any period of service on active duty in the Armed Forces or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) or subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.)) ``(3) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101. ``(f) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. Each Governor may enter into a grant, contract, or cooperative agreement with another public or private entity to administer the program under this section if the Governor determines that doing so is a more efficient way of carrying out the program. ``(3) Memorandum of agreement.--Each Governor and the Secretary shall enter into a Memorandum of Agreement that describes-- ``(A) the manner in which the Governor shall consult with the Secretary with respect to administering the program under this section; and ``(B) any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program under this section (which may include access to the information in the common financial reporting form developed under section 483). ``(i) GAO Report.--Not later than 24 months of the date of enactment of the Northern Mariana Islands and American Samoa College Access Act, the Comptroller General of the United States shall report on the effect of the program assisted under this section on educational opportunities for eligible students. The Comptroller General shall analyze whether eligible students had difficulty gaining admission to eligible institutions because of any preference afforded to in-State residents by eligible institutions, and shall expeditiously report any findings regarding such difficulty to Congress. ``(k) Effective Date.--This subpart shall take effect with respect to payments for periods of instruction that begin on or after the date of enactment of the Northern Mariana Islands and American Samoa College Access Act.''.

To amend the Higher Education Act of 1965 to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education, and for other purposes. ``(a) Purpose.--It is the purpose of this subpart to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education. ``(2) Adjustments.--The Governor, in consultation with the Secretary of Education, may adjust the amount of tuition and fee payments made under paragraph (1) based on-- ``(A) the financial need of the eligible students to avoid undue hardship to the eligible students; or ``(B) undue administrative burdens on the Governor. ``(3) Further adjustments.--Notwithstanding paragraphs (1) and (2), the Governor may prioritize the making or amount of tuition and fee payments under this subsection based on the income and financial need of eligible students. ``(2) Eligible student.--The term `eligible student' means an individual who-- ``(A) graduated from a public institution of higher education located in the Northern Mariana Islands or American Samoa; ``(B) begins the individual's course of study within the 3 calendar years (excluding any period of service on active duty in the Armed Forces or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) ``(f) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. ``(2) Policies and procedures.--Each Governor, in consultation with institutions of higher education eligible for participation in the program authorized under this section, shall develop policies and procedures for the administration of the program. ``(3) Memorandum of agreement.--Each Governor and the Secretary shall enter into a Memorandum of Agreement that describes-- ``(A) the manner in which the Governor shall consult with the Secretary with respect to administering the program under this section; and ``(B) any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program under this section (which may include access to the information in the common financial reporting form developed under section 483). ``(j) Authorization of Appropriations.--There are authorized to be appropriated to the Commonwealth of the Northern Mariana Islands and American Samoa to carry out this subpart $5,000,000, to be available until expended, for fiscal year 2022 and each of the 5 succeeding fiscal years. ``(k) Effective Date.--This subpart shall take effect with respect to payments for periods of instruction that begin on or after the date of enactment of the Northern Mariana Islands and American Samoa College Access Act.''.

To amend the Higher Education Act of 1965 to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education, and for other purposes. ``(3) Further adjustments.--Notwithstanding paragraphs (1) and (2), the Governor may prioritize the making or amount of tuition and fee payments under this subsection based on the income and financial need of eligible students. ``(2) Eligible student.--The term `eligible student' means an individual who-- ``(A) graduated from a public institution of higher education located in the Northern Mariana Islands or American Samoa; ``(B) begins the individual's course of study within the 3 calendar years (excluding any period of service on active duty in the Armed Forces or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) ``(f) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. ``(3) Memorandum of agreement.--Each Governor and the Secretary shall enter into a Memorandum of Agreement that describes-- ``(A) the manner in which the Governor shall consult with the Secretary with respect to administering the program under this section; and ``(B) any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program under this section (which may include access to the information in the common financial reporting form developed under section 483). ``(k) Effective Date.--This subpart shall take effect with respect to payments for periods of instruction that begin on or after the date of enactment of the Northern Mariana Islands and American Samoa College Access Act. ''.

To amend the Higher Education Act of 1965 to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education, and for other purposes. ``(2) Eligible student.--The term `eligible student' means an individual who-- ``(A) graduated from a public institution of higher education located in the Northern Mariana Islands or American Samoa; ``(B) begins the individual's course of study within the 3 calendar years (excluding any period of service on active duty in the Armed Forces or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) ``(3) Memorandum of agreement.--Each Governor and the Secretary shall enter into a Memorandum of Agreement that describes-- ``(A) the manner in which the Governor shall consult with the Secretary with respect to administering the program under this section; and ``(B) any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program under this section (which may include access to the information in the common financial reporting form developed under section 483). ``(k) Effective Date.--This subpart shall take effect with respect to payments for periods of instruction that begin on or after the date of enactment of the Northern Mariana Islands and American Samoa College Access Act. ''.

To amend the Higher Education Act of 1965 to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education, and for other purposes. ``(3) Further adjustments.--Notwithstanding paragraphs (1) and (2), the Governor may prioritize the making or amount of tuition and fee payments under this subsection based on the income and financial need of eligible students. ``(2) Eligible student.--The term `eligible student' means an individual who-- ``(A) graduated from a public institution of higher education located in the Northern Mariana Islands or American Samoa; ``(B) begins the individual's course of study within the 3 calendar years (excluding any period of service on active duty in the Armed Forces or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) ``(f) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. ``(3) Memorandum of agreement.--Each Governor and the Secretary shall enter into a Memorandum of Agreement that describes-- ``(A) the manner in which the Governor shall consult with the Secretary with respect to administering the program under this section; and ``(B) any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program under this section (which may include access to the information in the common financial reporting form developed under section 483). ``(k) Effective Date.--This subpart shall take effect with respect to payments for periods of instruction that begin on or after the date of enactment of the Northern Mariana Islands and American Samoa College Access Act. ''.

Northern Mariana Islands and American Samoa College Access Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to provide grants to the Northern Mariana and American Samoan Governors to award grants to public four-year institutions of higher education (IHEs) to pay the difference between the tuition and fees charged for in-State and out-of-State students on Requires each Governor to: (1) carry out the program in consultation with the Secretary of Education; (2) develop policies and procedures for the administration of the program; and (3) enter into a Memorandum of Agreement with the Department of Education to provide technical or other assistance to the Governor for purposes of administering the program. Authorizes appropriations. (Sec. 4) Requires the

H.R.1688

Native Americans

Native American Child Protection Act This bill reauthorizes through FY2027 and otherwise revises certain programs related to the prevention, investigation, treatment, and prosecution of family violence, child abuse, and child neglect involving Indian children and families. Specifically, the bill revises the Indian Child Abuse Treatment Grant Program to encourage the use of grants for culturally appropriate treatment services and programs. The bill renames the Indian Child Resource and Family Services Centers as the National Indian Child Resource and Family Services Center. It also requires the center to (1) provide advice, technical assistance, and training to urban Indian organizations; (2) develop certain technical assistance materials for Indian tribes, tribal organizations, and urban Indian organizations; and (3) develop model intergovernmental agreements between tribes and states to prevent, investigate, treat, and prosecute incidents of family violence, child abuse, and child neglect involving Indian children and families. Additionally, the bill revises the Indian Child Protection and Family Violence Prevention Program to allow Indian tribes, tribal organizations, and intertribal consortia to use program funds for additional activities, such as operational costs for child protective services.

To amend the Indian Child Protection and Family Violence Prevention Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Child Protection Act''. SEC. 2. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT AMENDMENTS. The Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3202 et seq.) is amended as follows: (1) By amending section 403(3)(A) (25 U.S.C. 3202(3)(A)) to read as follows: ``(A) in any case in which-- ``(i)(I) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling; and ``(II) such condition is not justifiably explained or may not be the product of an accidental occurrence; or ``(ii) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;''. (2) In section 409 (25 U.S.C. 3208)-- (A) in subsection (a)-- (i) by striking ``The Secretary of Health and Human Services, acting through the Service and in cooperation with the Bureau'' and inserting ``The Service, in cooperation with the Bureau''; and (ii) by striking ``sexual abuse'' and inserting ``abuse or neglect''; (B) in subsection (b) through the end of the section, by striking ``Secretary of Health and Human Services'' each place it appears and inserting ``Service''; (C) in subsection (b)(1), by inserting after ``Any Indian tribe or intertribal consortium'' the following: ``, on its own or in partnership with an urban Indian organization,''; (D) in subsections (b)(2)(B) and (d), by striking ``such Secretary'' each place it appears and inserting ``the Service''; (E) by amending subsection (c) to read as follows: ``(c) Culturally Appropriate Treatment.--In awarding grants under this section, the Service shall encourage the use of culturally appropriate treatment services and programs that respond to the unique cultural values, customs, and traditions of applicant Indian Tribes.''; (F) in subsection (d)(2), by striking ``the Secretary'' and inserting ``the Service''; (G) by redesignating subsection (e) as subsection (f); (H) by inserting after subsection (d) the following: ``(e) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Service shall submit a report to Congress on the award of grants under this section. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Service requires.''; and (I) by amending subsection (f) (as so redesignated by subparagraph (G) of this paragraph), to read as follows: ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2022 through 2027.''. (3) In section 410 (25 U.S.C. 3209)-- (A) in the heading-- (i) by inserting ``national'' before ``indian''; and (ii) by striking ``centers'' and inserting ``center''; (B) by amending subsections (a) and (b) to read as follows: ``(a) Establishment.--Not later than 1 year after the date of the enactment of the Native American Child Protection Act, the Secretary shall establish a National Indian Child Resource and Family Services Center. ``(b) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the status of the National Indian Child Resource and Family Services Center.''; (C) in subsection (c)-- (i) by striking ``Each'' and inserting ``The''; and (ii) by striking ``multidisciplinary''; (D) in subsection (d)-- (i) in the text before paragraph (1), by striking ``Each'' and inserting ``The''; (ii) in paragraph (1), by striking ``and inter-tribal consortia'' and inserting ``inter- tribal consortia, and urban Indian organizations''; (iii) in paragraph (2), by inserting ``urban Indian organizations,'' after ``tribal organizations,''; (iv) in paragraph (3)-- (I) by inserting ``and technical assistance'' after training; and (II) by striking ``and to tribal organizations'' and inserting ``, Tribal organizations, and urban Indian organizations''; (v) in paragraph (4)-- (I) by inserting ``, State,'' after ``Federal''; and (II) by striking ``and tribal'' and inserting ``Tribal, and urban Indian''; and (vi) by amending paragraph (5) to read as follows: ``(5) develop model intergovernmental agreements between Tribes and States, and other materials that provide examples of how Federal, State, and Tribal governments can develop effective relationships and provide for maximum cooperation in the furtherance of prevention, investigation, treatment, and prosecution of incidents of family violence and child abuse and child neglect involving Indian children and families.''; and (E) in subsection (e)-- (i) in the heading, by striking ``Multidisciplinary Team'' and inserting ``Team''; (ii) in the text before paragraph (1), by striking ``Each multidisciplinary'' and inserting ``The''; and (F) by amending subsections (f), (g), and (h) to read as follows: ``(f) Center Advisory Board.--The Secretary shall establish an advisory board to advise and assist the National Indian Child Resource and Family Services Center in carrying out its activities under this section. The advisory board shall consist of 12 members appointed by the Secretary from Indian Tribes, Tribal organizations, and urban Indian organizations with expertise in child abuse and child neglect. Members shall serve without compensation, but may be reimbursed for travel and other expenses while carrying out the duties of the board. The advisory board shall assist the Center in coordinating programs, identifying training and technical assistance materials, and developing intergovernmental agreements relating to family violence, child abuse, and child neglect. ``(g) Application of Indian Self-Determination Act to the Center.-- The National Indian Child Resource and Family Services Center shall be subject to the provisions of the Indian Self-Determination Act. The Secretary may also contract for the operation of the Center with a nonprofit Indian organization governed by an Indian-controlled board of directors that have substantial experience in child abuse, child neglect, and family violence involving Indian children and families. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2027.''. (4) In section 411 (25 U.S.C. 3210)-- (A) in subsection (d)-- (i) in paragraph (1)-- (I) in subparagraph (A), by striking ``abuse and child neglect'' and inserting ``abuse, neglect, or both''; (II) in subparagraph (B), by striking ``and'' at the end; and (III) by inserting after subparagraph (C), the following: ``(D) development of agreements between Tribes, States, or private agencies on the coordination of child abuse and neglect prevention, investigation, and treatment services; ``(E) child protective services operational costs including transportation, risk and protective factors assessments, family engagement and kinship navigator services, and relative searches, criminal background checks for prospective placements, and home studies; and ``(F) development of a Tribal child protection or multidisciplinary team to assist in the prevention and investigation of child abuse and neglect;''; (ii) in paragraph (2)-- (I) in subparagraph (A), by inserting ``in culturally appropriate ways'' after ``incidents of family violence''; and (II) in subparagraph (C), by inserting ``that may include culturally appropriate programs'' after ``training programs''; and (iii) in paragraph (3)-- (I) in subparagraph (A), by inserting ``and neglect'' after ``abuse''; and (II) in subparagraph (B), by striking ``cases, to the extent practicable,'' and inserting ``and neglect cases''; (B) in subsection (f)-- (i) in paragraph (2), by striking ``develop, in consultation with Indian tribes, appropriate caseload standards and staffing requirements which are comparable to standards developed by the National Association of Social Work, the Child Welfare League of America and other professional associations in the field of social work and child welfare'' and inserting ``develop, not later than one year after the date of the enactment of the Native American Child Protection Act, in consultation with Indian Tribes, appropriate caseload standards and staffing requirements''; (ii) in paragraph (3)(D), by striking ``sexual abuse'' and inserting ``abuse and neglect, high incidence of family violence''; (iii) by amending paragraph (4) to read as follows: ``(4) The formula established pursuant to this subsection shall provide funding necessary to support not less than one child protective services or family violence caseworker, including fringe benefits and support costs, for each Indian Tribe.''; and (iv) in paragraph (5), by striking ``tribes'' and inserting ``Indian Tribes''; (C) by amending subsection (g) to read as follows: ``(g) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the award of grants under this section. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Secretary of the Interior requires.''; and (D) by amending subsection (i) to read as follows: ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2022 through 2027.''. Calendar No. 259 117th CONGRESS 2d Session H. R. 1688 [Report No. 117-63] _______________________________________________________________________

Native American Child Protection Act

To amend the Indian Child Protection and Family Violence Prevention Act.

Native American Child Protection Act Native American Child Protection Act Native American Child Protection Act

Rep. Gallego, Ruben

D

AZ

This bill reauthorizes through FY2027 and otherwise revises certain programs related to the prevention, investigation, treatment, and prosecution of family violence, child abuse, and child neglect involving Indian children and families. Specifically, the bill revises the Indian Child Abuse Treatment Grant Program to encourage the use of grants for culturally appropriate treatment services and programs. The bill renames the Indian Child Resource and Family Services Centers as the National Indian Child Resource and Family Services Center. It also requires the center to (1) provide advice, technical assistance, and training to urban Indian organizations; (2) develop certain technical assistance materials for Indian tribes, tribal organizations, and urban Indian organizations; and (3) develop model intergovernmental agreements between tribes and states to prevent, investigate, treat, and prosecute incidents of family violence, child abuse, and child neglect involving Indian children and families. Additionally, the bill revises the Indian Child Protection and Family Violence Prevention Program to allow Indian tribes, tribal organizations, and intertribal consortia to use program funds for additional activities, such as operational costs for child protective services.

To amend the Indian Child Protection and Family Violence Prevention Act. 2. 3202 et seq.) 3208)-- (A) in subsection (a)-- (i) by striking ``The Secretary of Health and Human Services, acting through the Service and in cooperation with the Bureau'' and inserting ``The Service, in cooperation with the Bureau''; and (ii) by striking ``sexual abuse'' and inserting ``abuse or neglect''; (B) in subsection (b) through the end of the section, by striking ``Secretary of Health and Human Services'' each place it appears and inserting ``Service''; (C) in subsection (b)(1), by inserting after ``Any Indian tribe or intertribal consortium'' the following: ``, on its own or in partnership with an urban Indian organization,''; (D) in subsections (b)(2)(B) and (d), by striking ``such Secretary'' each place it appears and inserting ``the Service''; (E) by amending subsection (c) to read as follows: ``(c) Culturally Appropriate Treatment.--In awarding grants under this section, the Service shall encourage the use of culturally appropriate treatment services and programs that respond to the unique cultural values, customs, and traditions of applicant Indian Tribes. ''; and (I) by amending subsection (f) (as so redesignated by subparagraph (G) of this paragraph), to read as follows: ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2022 through 2027.''. (3) In section 410 (25 U.S.C. ``(b) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the status of the National Indian Child Resource and Family Services Center. ''; (C) in subsection (c)-- (i) by striking ``Each'' and inserting ``The''; and (ii) by striking ``multidisciplinary''; (D) in subsection (d)-- (i) in the text before paragraph (1), by striking ``Each'' and inserting ``The''; (ii) in paragraph (1), by striking ``and inter-tribal consortia'' and inserting ``inter- tribal consortia, and urban Indian organizations''; (iii) in paragraph (2), by inserting ``urban Indian organizations,'' after ``tribal organizations,''; (iv) in paragraph (3)-- (I) by inserting ``and technical assistance'' after training; and (II) by striking ``and to tribal organizations'' and inserting ``, Tribal organizations, and urban Indian organizations''; (v) in paragraph (4)-- (I) by inserting ``, State,'' after ``Federal''; and (II) by striking ``and tribal'' and inserting ``Tribal, and urban Indian''; and (vi) by amending paragraph (5) to read as follows: ``(5) develop model intergovernmental agreements between Tribes and States, and other materials that provide examples of how Federal, State, and Tribal governments can develop effective relationships and provide for maximum cooperation in the furtherance of prevention, investigation, treatment, and prosecution of incidents of family violence and child abuse and child neglect involving Indian children and families. Members shall serve without compensation, but may be reimbursed for travel and other expenses while carrying out the duties of the board. 259 117th CONGRESS 2d Session H. R. 1688 [Report No.

To amend the Indian Child Protection and Family Violence Prevention Act. 2. 3208)-- (A) in subsection (a)-- (i) by striking ``The Secretary of Health and Human Services, acting through the Service and in cooperation with the Bureau'' and inserting ``The Service, in cooperation with the Bureau''; and (ii) by striking ``sexual abuse'' and inserting ``abuse or neglect''; (B) in subsection (b) through the end of the section, by striking ``Secretary of Health and Human Services'' each place it appears and inserting ``Service''; (C) in subsection (b)(1), by inserting after ``Any Indian tribe or intertribal consortium'' the following: ``, on its own or in partnership with an urban Indian organization,''; (D) in subsections (b)(2)(B) and (d), by striking ``such Secretary'' each place it appears and inserting ``the Service''; (E) by amending subsection (c) to read as follows: ``(c) Culturally Appropriate Treatment.--In awarding grants under this section, the Service shall encourage the use of culturally appropriate treatment services and programs that respond to the unique cultural values, customs, and traditions of applicant Indian Tribes. ''; and (I) by amending subsection (f) (as so redesignated by subparagraph (G) of this paragraph), to read as follows: ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2022 through 2027.''. (3) In section 410 (25 U.S.C. ``(b) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the status of the National Indian Child Resource and Family Services Center. Members shall serve without compensation, but may be reimbursed for travel and other expenses while carrying out the duties of the board.

To amend the Indian Child Protection and Family Violence Prevention Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. 3202 et seq.) 3202(3)(A)) to read as follows: ``(A) in any case in which-- ``(i)(I) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling; and ``(II) such condition is not justifiably explained or may not be the product of an accidental occurrence; or ``(ii) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;''. 3208)-- (A) in subsection (a)-- (i) by striking ``The Secretary of Health and Human Services, acting through the Service and in cooperation with the Bureau'' and inserting ``The Service, in cooperation with the Bureau''; and (ii) by striking ``sexual abuse'' and inserting ``abuse or neglect''; (B) in subsection (b) through the end of the section, by striking ``Secretary of Health and Human Services'' each place it appears and inserting ``Service''; (C) in subsection (b)(1), by inserting after ``Any Indian tribe or intertribal consortium'' the following: ``, on its own or in partnership with an urban Indian organization,''; (D) in subsections (b)(2)(B) and (d), by striking ``such Secretary'' each place it appears and inserting ``the Service''; (E) by amending subsection (c) to read as follows: ``(c) Culturally Appropriate Treatment.--In awarding grants under this section, the Service shall encourage the use of culturally appropriate treatment services and programs that respond to the unique cultural values, customs, and traditions of applicant Indian Tribes. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Service requires. ''; and (I) by amending subsection (f) (as so redesignated by subparagraph (G) of this paragraph), to read as follows: ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2022 through 2027.''. (3) In section 410 (25 U.S.C. ``(b) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the status of the National Indian Child Resource and Family Services Center. ''; (C) in subsection (c)-- (i) by striking ``Each'' and inserting ``The''; and (ii) by striking ``multidisciplinary''; (D) in subsection (d)-- (i) in the text before paragraph (1), by striking ``Each'' and inserting ``The''; (ii) in paragraph (1), by striking ``and inter-tribal consortia'' and inserting ``inter- tribal consortia, and urban Indian organizations''; (iii) in paragraph (2), by inserting ``urban Indian organizations,'' after ``tribal organizations,''; (iv) in paragraph (3)-- (I) by inserting ``and technical assistance'' after training; and (II) by striking ``and to tribal organizations'' and inserting ``, Tribal organizations, and urban Indian organizations''; (v) in paragraph (4)-- (I) by inserting ``, State,'' after ``Federal''; and (II) by striking ``and tribal'' and inserting ``Tribal, and urban Indian''; and (vi) by amending paragraph (5) to read as follows: ``(5) develop model intergovernmental agreements between Tribes and States, and other materials that provide examples of how Federal, State, and Tribal governments can develop effective relationships and provide for maximum cooperation in the furtherance of prevention, investigation, treatment, and prosecution of incidents of family violence and child abuse and child neglect involving Indian children and families. Members shall serve without compensation, but may be reimbursed for travel and other expenses while carrying out the duties of the board. Calendar No. 259 117th CONGRESS 2d Session H. R. 1688 [Report No. 117-63] _______________________________________________________________________

To amend the Indian Child Protection and Family Violence Prevention Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. 3202 et seq.) 3202(3)(A)) to read as follows: ``(A) in any case in which-- ``(i)(I) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling; and ``(II) such condition is not justifiably explained or may not be the product of an accidental occurrence; or ``(ii) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;''. 3208)-- (A) in subsection (a)-- (i) by striking ``The Secretary of Health and Human Services, acting through the Service and in cooperation with the Bureau'' and inserting ``The Service, in cooperation with the Bureau''; and (ii) by striking ``sexual abuse'' and inserting ``abuse or neglect''; (B) in subsection (b) through the end of the section, by striking ``Secretary of Health and Human Services'' each place it appears and inserting ``Service''; (C) in subsection (b)(1), by inserting after ``Any Indian tribe or intertribal consortium'' the following: ``, on its own or in partnership with an urban Indian organization,''; (D) in subsections (b)(2)(B) and (d), by striking ``such Secretary'' each place it appears and inserting ``the Service''; (E) by amending subsection (c) to read as follows: ``(c) Culturally Appropriate Treatment.--In awarding grants under this section, the Service shall encourage the use of culturally appropriate treatment services and programs that respond to the unique cultural values, customs, and traditions of applicant Indian Tribes. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Service requires. ''; and (I) by amending subsection (f) (as so redesignated by subparagraph (G) of this paragraph), to read as follows: ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2022 through 2027.''. (3) In section 410 (25 U.S.C. ``(b) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the status of the National Indian Child Resource and Family Services Center. ''; (C) in subsection (c)-- (i) by striking ``Each'' and inserting ``The''; and (ii) by striking ``multidisciplinary''; (D) in subsection (d)-- (i) in the text before paragraph (1), by striking ``Each'' and inserting ``The''; (ii) in paragraph (1), by striking ``and inter-tribal consortia'' and inserting ``inter- tribal consortia, and urban Indian organizations''; (iii) in paragraph (2), by inserting ``urban Indian organizations,'' after ``tribal organizations,''; (iv) in paragraph (3)-- (I) by inserting ``and technical assistance'' after training; and (II) by striking ``and to tribal organizations'' and inserting ``, Tribal organizations, and urban Indian organizations''; (v) in paragraph (4)-- (I) by inserting ``, State,'' after ``Federal''; and (II) by striking ``and tribal'' and inserting ``Tribal, and urban Indian''; and (vi) by amending paragraph (5) to read as follows: ``(5) develop model intergovernmental agreements between Tribes and States, and other materials that provide examples of how Federal, State, and Tribal governments can develop effective relationships and provide for maximum cooperation in the furtherance of prevention, investigation, treatment, and prosecution of incidents of family violence and child abuse and child neglect involving Indian children and families. Members shall serve without compensation, but may be reimbursed for travel and other expenses while carrying out the duties of the board. ``(g) Application of Indian Self-Determination Act to the Center.-- The National Indian Child Resource and Family Services Center shall be subject to the provisions of the Indian Self-Determination Act. 3210)-- (A) in subsection (d)-- (i) in paragraph (1)-- (I) in subparagraph (A), by striking ``abuse and child neglect'' and inserting ``abuse, neglect, or both''; (II) in subparagraph (B), by striking ``and'' at the end; and (III) by inserting after subparagraph (C), the following: ``(D) development of agreements between Tribes, States, or private agencies on the coordination of child abuse and neglect prevention, investigation, and treatment services; ``(E) child protective services operational costs including transportation, risk and protective factors assessments, family engagement and kinship navigator services, and relative searches, criminal background checks for prospective placements, and home studies; and ``(F) development of a Tribal child protection or multidisciplinary team to assist in the prevention and investigation of child abuse and neglect;''; (ii) in paragraph (2)-- (I) in subparagraph (A), by inserting ``in culturally appropriate ways'' after ``incidents of family violence''; and (II) in subparagraph (C), by inserting ``that may include culturally appropriate programs'' after ``training programs''; and (iii) in paragraph (3)-- (I) in subparagraph (A), by inserting ``and neglect'' after ``abuse''; and (II) in subparagraph (B), by striking ``cases, to the extent practicable,'' and inserting ``and neglect cases''; (B) in subsection (f)-- (i) in paragraph (2), by striking ``develop, in consultation with Indian tribes, appropriate caseload standards and staffing requirements which are comparable to standards developed by the National Association of Social Work, the Child Welfare League of America and other professional associations in the field of social work and child welfare'' and inserting ``develop, not later than one year after the date of the enactment of the Native American Child Protection Act, in consultation with Indian Tribes, appropriate caseload standards and staffing requirements''; (ii) in paragraph (3)(D), by striking ``sexual abuse'' and inserting ``abuse and neglect, high incidence of family violence''; (iii) by amending paragraph (4) to read as follows: ``(4) The formula established pursuant to this subsection shall provide funding necessary to support not less than one child protective services or family violence caseworker, including fringe benefits and support costs, for each Indian Tribe. Calendar No. 259 117th CONGRESS 2d Session H. R. 1688 [Report No. 117-63] _______________________________________________________________________

To amend the Indian Child Protection and Family Violence Prevention Act. is amended as follows: (1) By amending section 403(3)(A) (25 U.S.C. 3202(3)(A)) to read as follows: ``(A) in any case in which-- ``(i)(I) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling; and ``(II) such condition is not justifiably explained or may not be the product of an accidental occurrence; or ``(ii) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;''. ( F) in subsection (d)(2), by striking ``the Secretary'' and inserting ``the Service''; (G) by redesignating subsection (e) as subsection (f); (H) by inserting after subsection (d) the following: ``(e) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Service shall submit a report to Congress on the award of grants under this section. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Service requires. ''; 3) In section 410 (25 U.S.C. 3209)-- (A) in the heading-- (i) by inserting ``national'' before ``indian''; and (ii) by striking ``centers'' and inserting ``center''; (B) by amending subsections (a) and (b) to read as follows: ``(a) Establishment.--Not later than 1 year after the date of the enactment of the Native American Child Protection Act, the Secretary shall establish a National Indian Child Resource and Family Services Center. ''; and (E) in subsection (e)-- (i) in the heading, by striking ``Multidisciplinary Team'' and inserting ``Team''; (ii) in the text before paragraph (1), by striking ``Each multidisciplinary'' and inserting ``The''; and (F) by amending subsections (f), (g), and (h) to read as follows: ``(f) Center Advisory Board.--The Secretary shall establish an advisory board to advise and assist the National Indian Child Resource and Family Services Center in carrying out its activities under this section. ``(g) Application of Indian Self-Determination Act to the Center.-- The National Indian Child Resource and Family Services Center shall be subject to the provisions of the Indian Self-Determination Act. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2027.''. ( 4) In section 411 (25 U.S.C. ''; and (iv) in paragraph (5), by striking ``tribes'' and inserting ``Indian Tribes''; (C) by amending subsection (g) to read as follows: ``(g) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the award of grants under this section. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Secretary of the Interior requires. '';

To amend the Indian Child Protection and Family Violence Prevention Act. is amended as follows: (1) By amending section 403(3)(A) (25 U.S.C. 3202(3)(A)) to read as follows: ``(A) in any case in which-- ``(i)(I) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling; and ``(II) such condition is not justifiably explained or may not be the product of an accidental occurrence; or ``(ii) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;''. ( ''; (F) in subsection (d)(2), by striking ``the Secretary'' and inserting ``the Service''; (G) by redesignating subsection (e) as subsection (f); (H) by inserting after subsection (d) the following: ``(e) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Service shall submit a report to Congress on the award of grants under this section. 3) In section 410 (25 U.S.C. 3209)-- (A) in the heading-- (i) by inserting ``national'' before ``indian''; and (ii) by striking ``centers'' and inserting ``center''; (B) by amending subsections (a) and (b) to read as follows: ``(a) Establishment.--Not later than 1 year after the date of the enactment of the Native American Child Protection Act, the Secretary shall establish a National Indian Child Resource and Family Services Center. and (E) in subsection (e)-- (i) in the heading, by striking ``Multidisciplinary Team'' and inserting ``Team''; (ii) in the text before paragraph (1), by striking ``Each multidisciplinary'' and inserting ``The''; and (F) by amending subsections (f), (g), and (h) to read as follows: ``(f) Center Advisory Board.--The Secretary shall establish an advisory board to advise and assist the National Indian Child Resource and Family Services Center in carrying out its activities under this section. ``(g) Application of Indian Self-Determination Act to the Center.-- The National Indian Child Resource and Family Services Center shall be subject to the provisions of the Indian Self-Determination Act. The Secretary may also contract for the operation of the Center with a nonprofit Indian organization governed by an Indian-controlled board of directors that have substantial experience in child abuse, child neglect, and family violence involving Indian children and families. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2027.''. ( ''; and (iv) in paragraph (5), by striking ``tribes'' and inserting ``Indian Tribes''; (C) by amending subsection (g) to read as follows: ``(g) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the award of grants under this section. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Secretary of the Interior requires. '';

To amend the Indian Child Protection and Family Violence Prevention Act. is amended as follows: (1) By amending section 403(3)(A) (25 U.S.C. 3202(3)(A)) to read as follows: ``(A) in any case in which-- ``(i)(I) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling; and ``(II) such condition is not justifiably explained or may not be the product of an accidental occurrence; or ``(ii) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;''. ( ''; (F) in subsection (d)(2), by striking ``the Secretary'' and inserting ``the Service''; (G) by redesignating subsection (e) as subsection (f); (H) by inserting after subsection (d) the following: ``(e) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Service shall submit a report to Congress on the award of grants under this section. 3) In section 410 (25 U.S.C. 3209)-- (A) in the heading-- (i) by inserting ``national'' before ``indian''; and (ii) by striking ``centers'' and inserting ``center''; (B) by amending subsections (a) and (b) to read as follows: ``(a) Establishment.--Not later than 1 year after the date of the enactment of the Native American Child Protection Act, the Secretary shall establish a National Indian Child Resource and Family Services Center. and (E) in subsection (e)-- (i) in the heading, by striking ``Multidisciplinary Team'' and inserting ``Team''; (ii) in the text before paragraph (1), by striking ``Each multidisciplinary'' and inserting ``The''; and (F) by amending subsections (f), (g), and (h) to read as follows: ``(f) Center Advisory Board.--The Secretary shall establish an advisory board to advise and assist the National Indian Child Resource and Family Services Center in carrying out its activities under this section. ``(g) Application of Indian Self-Determination Act to the Center.-- The National Indian Child Resource and Family Services Center shall be subject to the provisions of the Indian Self-Determination Act. The Secretary may also contract for the operation of the Center with a nonprofit Indian organization governed by an Indian-controlled board of directors that have substantial experience in child abuse, child neglect, and family violence involving Indian children and families. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2027.''. ( ''; and (iv) in paragraph (5), by striking ``tribes'' and inserting ``Indian Tribes''; (C) by amending subsection (g) to read as follows: ``(g) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the award of grants under this section. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Secretary of the Interior requires. '';

To amend the Indian Child Protection and Family Violence Prevention Act. is amended as follows: (1) By amending section 403(3)(A) (25 U.S.C. 3202(3)(A)) to read as follows: ``(A) in any case in which-- ``(i)(I) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling; and ``(II) such condition is not justifiably explained or may not be the product of an accidental occurrence; or ``(ii) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;''. ( F) in subsection (d)(2), by striking ``the Secretary'' and inserting ``the Service''; (G) by redesignating subsection (e) as subsection (f); (H) by inserting after subsection (d) the following: ``(e) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Service shall submit a report to Congress on the award of grants under this section. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Service requires. ''; 3) In section 410 (25 U.S.C. 3209)-- (A) in the heading-- (i) by inserting ``national'' before ``indian''; and (ii) by striking ``centers'' and inserting ``center''; (B) by amending subsections (a) and (b) to read as follows: ``(a) Establishment.--Not later than 1 year after the date of the enactment of the Native American Child Protection Act, the Secretary shall establish a National Indian Child Resource and Family Services Center. ''; and (E) in subsection (e)-- (i) in the heading, by striking ``Multidisciplinary Team'' and inserting ``Team''; (ii) in the text before paragraph (1), by striking ``Each multidisciplinary'' and inserting ``The''; and (F) by amending subsections (f), (g), and (h) to read as follows: ``(f) Center Advisory Board.--The Secretary shall establish an advisory board to advise and assist the National Indian Child Resource and Family Services Center in carrying out its activities under this section. ``(g) Application of Indian Self-Determination Act to the Center.-- The National Indian Child Resource and Family Services Center shall be subject to the provisions of the Indian Self-Determination Act. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2027.''. ( 4) In section 411 (25 U.S.C. ''; and (iv) in paragraph (5), by striking ``tribes'' and inserting ``Indian Tribes''; (C) by amending subsection (g) to read as follows: ``(g) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the award of grants under this section. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Secretary of the Interior requires. '';

To amend the Indian Child Protection and Family Violence Prevention Act. is amended as follows: (1) By amending section 403(3)(A) (25 U.S.C. 3202(3)(A)) to read as follows: ``(A) in any case in which-- ``(i)(I) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling; and ``(II) such condition is not justifiably explained or may not be the product of an accidental occurrence; or ``(ii) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;''. ( ''; (F) in subsection (d)(2), by striking ``the Secretary'' and inserting ``the Service''; (G) by redesignating subsection (e) as subsection (f); (H) by inserting after subsection (d) the following: ``(e) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Service shall submit a report to Congress on the award of grants under this section. 3) In section 410 (25 U.S.C. 3209)-- (A) in the heading-- (i) by inserting ``national'' before ``indian''; and (ii) by striking ``centers'' and inserting ``center''; (B) by amending subsections (a) and (b) to read as follows: ``(a) Establishment.--Not later than 1 year after the date of the enactment of the Native American Child Protection Act, the Secretary shall establish a National Indian Child Resource and Family Services Center. and (E) in subsection (e)-- (i) in the heading, by striking ``Multidisciplinary Team'' and inserting ``Team''; (ii) in the text before paragraph (1), by striking ``Each multidisciplinary'' and inserting ``The''; and (F) by amending subsections (f), (g), and (h) to read as follows: ``(f) Center Advisory Board.--The Secretary shall establish an advisory board to advise and assist the National Indian Child Resource and Family Services Center in carrying out its activities under this section. ``(g) Application of Indian Self-Determination Act to the Center.-- The National Indian Child Resource and Family Services Center shall be subject to the provisions of the Indian Self-Determination Act. The Secretary may also contract for the operation of the Center with a nonprofit Indian organization governed by an Indian-controlled board of directors that have substantial experience in child abuse, child neglect, and family violence involving Indian children and families. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2027.''. ( ''; and (iv) in paragraph (5), by striking ``tribes'' and inserting ``Indian Tribes''; (C) by amending subsection (g) to read as follows: ``(g) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the award of grants under this section. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Secretary of the Interior requires. '';

To amend the Indian Child Protection and Family Violence Prevention Act. is amended as follows: (1) By amending section 403(3)(A) (25 U.S.C. 3202(3)(A)) to read as follows: ``(A) in any case in which-- ``(i)(I) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling; and ``(II) such condition is not justifiably explained or may not be the product of an accidental occurrence; or ``(ii) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;''. ( F) in subsection (d)(2), by striking ``the Secretary'' and inserting ``the Service''; (G) by redesignating subsection (e) as subsection (f); (H) by inserting after subsection (d) the following: ``(e) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Service shall submit a report to Congress on the award of grants under this section. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Service requires. ''; 3) In section 410 (25 U.S.C. 3209)-- (A) in the heading-- (i) by inserting ``national'' before ``indian''; and (ii) by striking ``centers'' and inserting ``center''; (B) by amending subsections (a) and (b) to read as follows: ``(a) Establishment.--Not later than 1 year after the date of the enactment of the Native American Child Protection Act, the Secretary shall establish a National Indian Child Resource and Family Services Center. ''; and (E) in subsection (e)-- (i) in the heading, by striking ``Multidisciplinary Team'' and inserting ``Team''; (ii) in the text before paragraph (1), by striking ``Each multidisciplinary'' and inserting ``The''; and (F) by amending subsections (f), (g), and (h) to read as follows: ``(f) Center Advisory Board.--The Secretary shall establish an advisory board to advise and assist the National Indian Child Resource and Family Services Center in carrying out its activities under this section. ``(g) Application of Indian Self-Determination Act to the Center.-- The National Indian Child Resource and Family Services Center shall be subject to the provisions of the Indian Self-Determination Act. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2027.''. ( 4) In section 411 (25 U.S.C. ''; and (iv) in paragraph (5), by striking ``tribes'' and inserting ``Indian Tribes''; (C) by amending subsection (g) to read as follows: ``(g) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the award of grants under this section. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Secretary of the Interior requires. '';

To amend the Indian Child Protection and Family Violence Prevention Act. and (E) in subsection (e)-- (i) in the heading, by striking ``Multidisciplinary Team'' and inserting ``Team''; (ii) in the text before paragraph (1), by striking ``Each multidisciplinary'' and inserting ``The''; and (F) by amending subsections (f), (g), and (h) to read as follows: ``(f) Center Advisory Board.--The Secretary shall establish an advisory board to advise and assist the National Indian Child Resource and Family Services Center in carrying out its activities under this section. The Secretary may also contract for the operation of the Center with a nonprofit Indian organization governed by an Indian-controlled board of directors that have substantial experience in child abuse, child neglect, and family violence involving Indian children and families. ''; and (iv) in paragraph (5), by striking ``tribes'' and inserting ``Indian Tribes''; (C) by amending subsection (g) to read as follows: ``(g) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the award of grants under this section.

To amend the Indian Child Protection and Family Violence Prevention Act. F) in subsection (d)(2), by striking ``the Secretary'' and inserting ``the Service''; (G) by redesignating subsection (e) as subsection (f); (H) by inserting after subsection (d) the following: ``(e) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Service shall submit a report to Congress on the award of grants under this section. 3209)-- (A) in the heading-- (i) by inserting ``national'' before ``indian''; and (ii) by striking ``centers'' and inserting ``center''; (B) by amending subsections (a) and (b) to read as follows: ``(a) Establishment.--Not later than 1 year after the date of the enactment of the Native American Child Protection Act, the Secretary shall establish a National Indian Child Resource and Family Services Center. ''; and (E) in subsection (e)-- (i) in the heading, by striking ``Multidisciplinary Team'' and inserting ``Team''; (ii) in the text before paragraph (1), by striking ``Each multidisciplinary'' and inserting ``The''; and (F) by amending subsections (f), (g), and (h) to read as follows: ``(f) Center Advisory Board.--The Secretary shall establish an advisory board to advise and assist the National Indian Child Resource and Family Services Center in carrying out its activities under this section. ''; and (iv) in paragraph (5), by striking ``tribes'' and inserting ``Indian Tribes''; (C) by amending subsection (g) to read as follows: ``(g) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the award of grants under this section. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Secretary of the Interior requires. '';

To amend the Indian Child Protection and Family Violence Prevention Act. and (E) in subsection (e)-- (i) in the heading, by striking ``Multidisciplinary Team'' and inserting ``Team''; (ii) in the text before paragraph (1), by striking ``Each multidisciplinary'' and inserting ``The''; and (F) by amending subsections (f), (g), and (h) to read as follows: ``(f) Center Advisory Board.--The Secretary shall establish an advisory board to advise and assist the National Indian Child Resource and Family Services Center in carrying out its activities under this section. The Secretary may also contract for the operation of the Center with a nonprofit Indian organization governed by an Indian-controlled board of directors that have substantial experience in child abuse, child neglect, and family violence involving Indian children and families. ''; and (iv) in paragraph (5), by striking ``tribes'' and inserting ``Indian Tribes''; (C) by amending subsection (g) to read as follows: ``(g) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the award of grants under this section.

To amend the Indian Child Protection and Family Violence Prevention Act. F) in subsection (d)(2), by striking ``the Secretary'' and inserting ``the Service''; (G) by redesignating subsection (e) as subsection (f); (H) by inserting after subsection (d) the following: ``(e) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Service shall submit a report to Congress on the award of grants under this section. 3209)-- (A) in the heading-- (i) by inserting ``national'' before ``indian''; and (ii) by striking ``centers'' and inserting ``center''; (B) by amending subsections (a) and (b) to read as follows: ``(a) Establishment.--Not later than 1 year after the date of the enactment of the Native American Child Protection Act, the Secretary shall establish a National Indian Child Resource and Family Services Center. ''; and (E) in subsection (e)-- (i) in the heading, by striking ``Multidisciplinary Team'' and inserting ``Team''; (ii) in the text before paragraph (1), by striking ``Each multidisciplinary'' and inserting ``The''; and (F) by amending subsections (f), (g), and (h) to read as follows: ``(f) Center Advisory Board.--The Secretary shall establish an advisory board to advise and assist the National Indian Child Resource and Family Services Center in carrying out its activities under this section. ''; and (iv) in paragraph (5), by striking ``tribes'' and inserting ``Indian Tribes''; (C) by amending subsection (g) to read as follows: ``(g) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the award of grants under this section. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Secretary of the Interior requires. '';

Native American Child Protection Act - Amends the Indian Child Protection and Family Violence Prevention Act to require the Secretary of the Interior, acting through the Bureau of Indian Affairs, to submit to Congress a report on the status of the National Indian Child Resource and Family Services Center. Requires the Secretary to establish a National Indian Children's Resource and Services Center within one year after the enactment of this Authorizes appropriations for FY2027 for: (1) the Native American Child Protection Center; and (2) the Department of Health and Human Services (HHS) to establish a grant program for the establishment and operation of the Center. Authorizes the Secretary of HHS to contract for the Center's operation with a nonprofit Indian organization governed by an Indian-controlled board of directors that have

S.2320

Crime and Law Enforcement

Keeping Gun Dealers Honest Act of 2021 This bill modifies the requirements and penalties applicable to an individual who engages in the business of dealing, importing, or manufacturing firearms (i.e., a federal firearms licensee, or FFL). Among other things, the bill does the following:

To ensure greater accountability by licensed firearms dealers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Gun Dealers Honest Act of 2021''. SEC. 2. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. SEC. 3. INCREASING PENALTIES ON FIREARMS LICENSEES. Section 924(a)(3) of title 18, United States Code, is amended in the matter following subparagraph (B) by striking ``one year'' and inserting ``5 years''. SEC. 4. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING. Section 924(a)(3) of title 18, United States Code, is amended by striking the period at the end and inserting ``. If the conduct described in subparagraph (A) or (B) is in relation to an offense under subsection (a)(6) or (d) of section 922, the licensed dealer, licensed importer, licensed manufacturer, or licensed collector shall be fined under this title, imprisoned for not more than 10 years, or both.''. SEC. 5. SUSPENSION OF FIREARMS DEALER'S LICENSE AND CIVIL PENALTIES FOR VIOLATIONS OF THE GUN CONTROL ACT. Section 923 of title 18, United States Code, is amended by striking subsections (e) and (f) and inserting the following: ``(e)(1)(A) The Attorney General may, after notice and opportunity for hearing, suspend or revoke any license issued under this section, or may subject the licensee to a civil penalty of not more than $10,000 per violation, if the holder of the license-- ``(i) has violated any provision of this chapter or any rule or regulation prescribed by the Attorney General under this chapter; or ``(ii) except as provided in subparagraph (B), fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees. ``(B) Subparagraph (A)(ii) shall not apply in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee. ``(2) The Attorney General may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who transfers armor piercing ammunition. ``(3) The Attorney General may at any time compromise, mitigate, or remit the liability with respect to any violation of this chapter or any rule or regulation prescribed by the Attorney General under this chapter. ``(4) The Attorney General's actions under this subsection may be reviewed only as provided in subsection (f). ``(f)(1) Any person whose application for a license is denied and any holder of a license which is suspended or revoked or who is assessed a civil penalty shall receive a written notice from the Attorney General stating specifically the grounds upon which the application was denied or upon which the license was suspended or revoked or the civil penalty assessed. Any notice of a suspension or revocation of a license shall be given to the holder of the license before the effective date of the suspension or revocation. ``(2) If the Attorney General denies an application for a license, or suspends or revokes a license, or assesses a civil penalty, the Attorney General shall, upon request by the aggrieved party, promptly hold a hearing to review the denial, suspension, revocation, or assessment. In the case of a suspension or revocation of a license, the Attorney General shall, on the request of the holder of the license, stay the effective date of the suspension or revocation. A hearing under this paragraph shall be held at a location convenient to the aggrieved party. ``(3)(A) If after a hearing held under paragraph (2) the Attorney General decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Attorney General shall give notice of the decision to the aggrieved party. ``(B) The aggrieved party may at any time within 60 days after the date notice is given under subparagraph (A) file a petition with the United States district court for the district in which the party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. ``(C) In a proceeding conducted under this paragraph, the court may consider any evidence submitted by the parties to the proceeding without regard to whether such evidence was considered at the hearing held under paragraph (2). ``(D) If the court decides that the Attorney General was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court.''. SEC. 6. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY CONVICTION. Section 925(b) of title 18, United States Code, is amended by striking ``until any conviction pursuant to the indictment becomes final'' and inserting ``until the date of any conviction pursuant to the indictment''. SEC. 7. AUTHORITY TO HIRE ADDITIONAL PERSONNEL. The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives may hire at least 80 additional employees for the purpose of carrying out additional inspections as provided for in the amendments made by this Act. SEC. 8. AUTHORITY TO REQUIRE LICENSED DEALER TO CONDUCT A PHYSICAL INVENTORY AND PROVIDE INVENTORY RECORD IF DEALER HAS UNLAWFULLY TRANSFERRED A FIREARM OR 10 OR MORE CRIME GUNS ARE TRACED TO THE DEALER. (a) In General.--Section 923(g)(1) of title 18, United States Code, is amended by adding at the end the following: ``(E) The Attorney General may require a licensed importer, licensed manufacturer, or licensed dealer to conduct a physical inventory of the firearms in the business inventory of the licensee, and provide the Attorney General with a detailed record of the physical inventory if-- ``(i) the licensee has been convicted of transferring a firearm unlawfully; or ``(ii) the Attorney General finds that 10 or more firearms used in a crime under Federal, State, or local law have been traced back to the licensee.''. (b) Conforming Amendments.-- (1) Section 923(j) of such title is amended in the 6th sentence by inserting ``, except as required under subsection (g)(1)(E)'' before the period. (2) The matter under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' under title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 247) is amended in the 5th proviso by inserting ``, except as required under subsection (g)(1)(E) of such section 923'' before the colon. SEC. 9. ISSUANCE OF LICENSES. Section 923 of title 18, United States Code, is amended-- (1) in subsection (c)-- (A) by inserting ``(1)'' before ``Upon''; (B) in the first sentence, by inserting ``, subject to paragraph (2),'' after ``Attorney General shall''; and (C) by adding at the end the following: ``(2) The Attorney General may deny an application submitted under subsection (a) or (b) if the Attorney General determines-- ``(A) issuing the license would pose a danger to public safety; or ``(B) that the applicant-- ``(i) is not likely to comply with the law; or ``(ii) is otherwise not suitable to be issued a license.''; and (2) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``, subject to subsection (c)(2),'' after ``shall''. SEC. 10. LIABILITY STANDARDS. Section 923 of title 18, United States Code, is amended-- (1) in subsection (c), in the third sentence, by striking ``willfully''; and (2) in subsection (d), by striking ``willfully'' each place it appears. SEC. 11. REGULATORY FLEXIBILITY. Section 926(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1) by striking ``only''. SEC. 12. REPORT TO THE CONGRESS. The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall submit biennial reports to Congress on the implementation of this Act and the amendments made by this Act, which shall include-- (1) a statement by the Director as to what additional resources, if any, are necessary in order to implement this Act and the amendments made by this Act; and (2) any recommendations of the Director for how better to ensure that-- (A) firearms dealers are complying with all laws and regulations that apply with respect to dealing in firearms; and (B) noncompliant firearms dealers are subject to appropriate action in a timely manner. SEC. 13. SEVERABILITY. If any provision of this Act or of an amendment made by this Act, or the application of such a provision to any person or circumstance, is held to be invalid, the remainder of this Act or of such an amendment, or the application of this Act or of such an amendment to other persons or circumstances, shall not be affected. <all>

Keeping Gun Dealers Honest Act of 2021

A bill to ensure greater accountability by licensed firearms dealers.

Keeping Gun Dealers Honest Act of 2021

Sen. Markey, Edward J.

D

MA

This bill modifies the requirements and penalties applicable to an individual who engages in the business of dealing, importing, or manufacturing firearms (i.e., a federal firearms licensee, or FFL). Among other things, the bill does the following:

2. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. INCREASING PENALTIES ON FIREARMS LICENSEES. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING. 5. ``(B) Subparagraph (A)(ii) shall not apply in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee. ``(3) The Attorney General may at any time compromise, mitigate, or remit the liability with respect to any violation of this chapter or any rule or regulation prescribed by the Attorney General under this chapter. ``(4) The Attorney General's actions under this subsection may be reviewed only as provided in subsection (f). Any notice of a suspension or revocation of a license shall be given to the holder of the license before the effective date of the suspension or revocation. A hearing under this paragraph shall be held at a location convenient to the aggrieved party. ``(C) In a proceeding conducted under this paragraph, the court may consider any evidence submitted by the parties to the proceeding without regard to whether such evidence was considered at the hearing held under paragraph (2). ``(D) If the court decides that the Attorney General was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court.''. 6. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY CONVICTION. 7. AUTHORITY TO HIRE ADDITIONAL PERSONNEL. 8. AUTHORITY TO REQUIRE LICENSED DEALER TO CONDUCT A PHYSICAL INVENTORY AND PROVIDE INVENTORY RECORD IF DEALER HAS UNLAWFULLY TRANSFERRED A FIREARM OR 10 OR MORE CRIME GUNS ARE TRACED TO THE DEALER. (2) The matter under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' under title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 247) is amended in the 5th proviso by inserting ``, except as required under subsection (g)(1)(E) of such section 923'' before the colon. 9. ISSUANCE OF LICENSES. ''; and (2) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``, subject to subsection (c)(2),'' after ``shall''. 10. LIABILITY STANDARDS. 11. REGULATORY FLEXIBILITY. 12. REPORT TO THE CONGRESS. SEC. 13. SEVERABILITY. If any provision of this Act or of an amendment made by this Act, or the application of such a provision to any person or circumstance, is held to be invalid, the remainder of this Act or of such an amendment, or the application of this Act or of such an amendment to other persons or circumstances, shall not be affected.

2. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. INCREASING PENALTIES ON FIREARMS LICENSEES. 5. ``(3) The Attorney General may at any time compromise, mitigate, or remit the liability with respect to any violation of this chapter or any rule or regulation prescribed by the Attorney General under this chapter. ``(4) The Attorney General's actions under this subsection may be reviewed only as provided in subsection (f). Any notice of a suspension or revocation of a license shall be given to the holder of the license before the effective date of the suspension or revocation. A hearing under this paragraph shall be held at a location convenient to the aggrieved party. ``(D) If the court decides that the Attorney General was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court.''. 6. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY CONVICTION. AUTHORITY TO HIRE ADDITIONAL PERSONNEL. AUTHORITY TO REQUIRE LICENSED DEALER TO CONDUCT A PHYSICAL INVENTORY AND PROVIDE INVENTORY RECORD IF DEALER HAS UNLAWFULLY TRANSFERRED A FIREARM OR 10 OR MORE CRIME GUNS ARE TRACED TO THE DEALER. (2) The matter under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' under title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6; 127 Stat. ISSUANCE OF LICENSES. ''; and (2) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``, subject to subsection (c)(2),'' after ``shall''. 10. LIABILITY STANDARDS. REPORT TO THE CONGRESS. SEC. If any provision of this Act or of an amendment made by this Act, or the application of such a provision to any person or circumstance, is held to be invalid, the remainder of this Act or of such an amendment, or the application of this Act or of such an amendment to other persons or circumstances, shall not be affected.

To ensure greater accountability by licensed firearms dealers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. INCREASING PENALTIES ON FIREARMS LICENSEES. Section 924(a)(3) of title 18, United States Code, is amended in the matter following subparagraph (B) by striking ``one year'' and inserting ``5 years''. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING. 5. ``(B) Subparagraph (A)(ii) shall not apply in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee. ``(3) The Attorney General may at any time compromise, mitigate, or remit the liability with respect to any violation of this chapter or any rule or regulation prescribed by the Attorney General under this chapter. ``(4) The Attorney General's actions under this subsection may be reviewed only as provided in subsection (f). ``(f)(1) Any person whose application for a license is denied and any holder of a license which is suspended or revoked or who is assessed a civil penalty shall receive a written notice from the Attorney General stating specifically the grounds upon which the application was denied or upon which the license was suspended or revoked or the civil penalty assessed. Any notice of a suspension or revocation of a license shall be given to the holder of the license before the effective date of the suspension or revocation. A hearing under this paragraph shall be held at a location convenient to the aggrieved party. ``(B) The aggrieved party may at any time within 60 days after the date notice is given under subparagraph (A) file a petition with the United States district court for the district in which the party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. ``(C) In a proceeding conducted under this paragraph, the court may consider any evidence submitted by the parties to the proceeding without regard to whether such evidence was considered at the hearing held under paragraph (2). ``(D) If the court decides that the Attorney General was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court.''. 6. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY CONVICTION. Section 925(b) of title 18, United States Code, is amended by striking ``until any conviction pursuant to the indictment becomes final'' and inserting ``until the date of any conviction pursuant to the indictment''. 7. AUTHORITY TO HIRE ADDITIONAL PERSONNEL. 8. AUTHORITY TO REQUIRE LICENSED DEALER TO CONDUCT A PHYSICAL INVENTORY AND PROVIDE INVENTORY RECORD IF DEALER HAS UNLAWFULLY TRANSFERRED A FIREARM OR 10 OR MORE CRIME GUNS ARE TRACED TO THE DEALER. (2) The matter under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' under title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 247) is amended in the 5th proviso by inserting ``, except as required under subsection (g)(1)(E) of such section 923'' before the colon. 9. ISSUANCE OF LICENSES. ''; and (2) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``, subject to subsection (c)(2),'' after ``shall''. 10. LIABILITY STANDARDS. 11. REGULATORY FLEXIBILITY. 12. REPORT TO THE CONGRESS. SEC. 13. SEVERABILITY. If any provision of this Act or of an amendment made by this Act, or the application of such a provision to any person or circumstance, is held to be invalid, the remainder of this Act or of such an amendment, or the application of this Act or of such an amendment to other persons or circumstances, shall not be affected.

To ensure greater accountability by licensed firearms dealers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Gun Dealers Honest Act of 2021''. 2. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. INCREASING PENALTIES ON FIREARMS LICENSEES. Section 924(a)(3) of title 18, United States Code, is amended in the matter following subparagraph (B) by striking ``one year'' and inserting ``5 years''. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING. Section 924(a)(3) of title 18, United States Code, is amended by striking the period at the end and inserting ``. If the conduct described in subparagraph (A) or (B) is in relation to an offense under subsection (a)(6) or (d) of section 922, the licensed dealer, licensed importer, licensed manufacturer, or licensed collector shall be fined under this title, imprisoned for not more than 10 years, or both.''. 5. ``(B) Subparagraph (A)(ii) shall not apply in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee. ``(2) The Attorney General may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who transfers armor piercing ammunition. ``(3) The Attorney General may at any time compromise, mitigate, or remit the liability with respect to any violation of this chapter or any rule or regulation prescribed by the Attorney General under this chapter. ``(4) The Attorney General's actions under this subsection may be reviewed only as provided in subsection (f). ``(f)(1) Any person whose application for a license is denied and any holder of a license which is suspended or revoked or who is assessed a civil penalty shall receive a written notice from the Attorney General stating specifically the grounds upon which the application was denied or upon which the license was suspended or revoked or the civil penalty assessed. Any notice of a suspension or revocation of a license shall be given to the holder of the license before the effective date of the suspension or revocation. A hearing under this paragraph shall be held at a location convenient to the aggrieved party. ``(B) The aggrieved party may at any time within 60 days after the date notice is given under subparagraph (A) file a petition with the United States district court for the district in which the party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. ``(C) In a proceeding conducted under this paragraph, the court may consider any evidence submitted by the parties to the proceeding without regard to whether such evidence was considered at the hearing held under paragraph (2). ``(D) If the court decides that the Attorney General was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court.''. 6. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY CONVICTION. Section 925(b) of title 18, United States Code, is amended by striking ``until any conviction pursuant to the indictment becomes final'' and inserting ``until the date of any conviction pursuant to the indictment''. 7. AUTHORITY TO HIRE ADDITIONAL PERSONNEL. The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives may hire at least 80 additional employees for the purpose of carrying out additional inspections as provided for in the amendments made by this Act. 8. AUTHORITY TO REQUIRE LICENSED DEALER TO CONDUCT A PHYSICAL INVENTORY AND PROVIDE INVENTORY RECORD IF DEALER HAS UNLAWFULLY TRANSFERRED A FIREARM OR 10 OR MORE CRIME GUNS ARE TRACED TO THE DEALER. (2) The matter under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' under title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 247) is amended in the 5th proviso by inserting ``, except as required under subsection (g)(1)(E) of such section 923'' before the colon. 9. ISSUANCE OF LICENSES. ''; and (2) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``, subject to subsection (c)(2),'' after ``shall''. 10. LIABILITY STANDARDS. Section 923 of title 18, United States Code, is amended-- (1) in subsection (c), in the third sentence, by striking ``willfully''; and (2) in subsection (d), by striking ``willfully'' each place it appears. 11. REGULATORY FLEXIBILITY. 12. REPORT TO THE CONGRESS. The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall submit biennial reports to Congress on the implementation of this Act and the amendments made by this Act, which shall include-- (1) a statement by the Director as to what additional resources, if any, are necessary in order to implement this Act and the amendments made by this Act; and (2) any recommendations of the Director for how better to ensure that-- (A) firearms dealers are complying with all laws and regulations that apply with respect to dealing in firearms; and (B) noncompliant firearms dealers are subject to appropriate action in a timely manner. SEC. 13. SEVERABILITY. If any provision of this Act or of an amendment made by this Act, or the application of such a provision to any person or circumstance, is held to be invalid, the remainder of this Act or of such an amendment, or the application of this Act or of such an amendment to other persons or circumstances, shall not be affected.

To ensure greater accountability by licensed firearms dealers. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. ``(B) Subparagraph (A)(ii) shall not apply in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee. ``(2) The Attorney General may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who transfers armor piercing ammunition. ``(4) The Attorney General's actions under this subsection may be reviewed only as provided in subsection (f). ``(3)(A) If after a hearing held under paragraph (2) the Attorney General decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Attorney General shall give notice of the decision to the aggrieved party. ``(B) The aggrieved party may at any time within 60 days after the date notice is given under subparagraph (A) file a petition with the United States district court for the district in which the party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. Section 925(b) of title 18, United States Code, is amended by striking ``until any conviction pursuant to the indictment becomes final'' and inserting ``until the date of any conviction pursuant to the indictment''. AUTHORITY TO REQUIRE LICENSED DEALER TO CONDUCT A PHYSICAL INVENTORY AND PROVIDE INVENTORY RECORD IF DEALER HAS UNLAWFULLY TRANSFERRED A FIREARM OR 10 OR MORE CRIME GUNS ARE TRACED TO THE DEALER. ( b) Conforming Amendments.-- (1) Section 923(j) of such title is amended in the 6th sentence by inserting ``, except as required under subsection (g)(1)(E)'' before the period. ( and (2) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``, subject to subsection (c)(2),'' after ``shall''. Section 923 of title 18, United States Code, is amended-- (1) in subsection (c), in the third sentence, by striking ``willfully''; and (2) in subsection (d), by striking ``willfully'' each place it appears. If any provision of this Act or of an amendment made by this Act, or the application of such a provision to any person or circumstance, is held to be invalid, the remainder of this Act or of such an amendment, or the application of this Act or of such an amendment to other persons or circumstances, shall not be affected.

To ensure greater accountability by licensed firearms dealers. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. ``(2) The Attorney General may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who transfers armor piercing ammunition. ``(3)(A) If after a hearing held under paragraph (2) the Attorney General decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Attorney General shall give notice of the decision to the aggrieved party. ``(B) The aggrieved party may at any time within 60 days after the date notice is given under subparagraph (A) file a petition with the United States district court for the district in which the party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. ``(D) If the court decides that the Attorney General was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court.''. b) Conforming Amendments.-- (1) Section 923(j) of such title is amended in the 6th sentence by inserting ``, except as required under subsection (g)(1)(E)'' before the period. ( Section 923 of title 18, United States Code, is amended-- (1) in subsection (c), in the third sentence, by striking ``willfully''; and (2) in subsection (d), by striking ``willfully'' each place it appears. Section 926(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1) by striking ``only''. REPORT TO THE CONGRESS.

To ensure greater accountability by licensed firearms dealers. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. ``(2) The Attorney General may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who transfers armor piercing ammunition. ``(3)(A) If after a hearing held under paragraph (2) the Attorney General decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Attorney General shall give notice of the decision to the aggrieved party. ``(B) The aggrieved party may at any time within 60 days after the date notice is given under subparagraph (A) file a petition with the United States district court for the district in which the party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. ``(D) If the court decides that the Attorney General was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court.''. b) Conforming Amendments.-- (1) Section 923(j) of such title is amended in the 6th sentence by inserting ``, except as required under subsection (g)(1)(E)'' before the period. ( Section 923 of title 18, United States Code, is amended-- (1) in subsection (c), in the third sentence, by striking ``willfully''; and (2) in subsection (d), by striking ``willfully'' each place it appears. Section 926(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1) by striking ``only''. REPORT TO THE CONGRESS.

To ensure greater accountability by licensed firearms dealers. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. ``(B) Subparagraph (A)(ii) shall not apply in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee. ``(2) The Attorney General may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who transfers armor piercing ammunition. ``(4) The Attorney General's actions under this subsection may be reviewed only as provided in subsection (f). ``(3)(A) If after a hearing held under paragraph (2) the Attorney General decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Attorney General shall give notice of the decision to the aggrieved party. ``(B) The aggrieved party may at any time within 60 days after the date notice is given under subparagraph (A) file a petition with the United States district court for the district in which the party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. Section 925(b) of title 18, United States Code, is amended by striking ``until any conviction pursuant to the indictment becomes final'' and inserting ``until the date of any conviction pursuant to the indictment''. AUTHORITY TO REQUIRE LICENSED DEALER TO CONDUCT A PHYSICAL INVENTORY AND PROVIDE INVENTORY RECORD IF DEALER HAS UNLAWFULLY TRANSFERRED A FIREARM OR 10 OR MORE CRIME GUNS ARE TRACED TO THE DEALER. ( b) Conforming Amendments.-- (1) Section 923(j) of such title is amended in the 6th sentence by inserting ``, except as required under subsection (g)(1)(E)'' before the period. ( and (2) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``, subject to subsection (c)(2),'' after ``shall''. Section 923 of title 18, United States Code, is amended-- (1) in subsection (c), in the third sentence, by striking ``willfully''; and (2) in subsection (d), by striking ``willfully'' each place it appears. If any provision of this Act or of an amendment made by this Act, or the application of such a provision to any person or circumstance, is held to be invalid, the remainder of this Act or of such an amendment, or the application of this Act or of such an amendment to other persons or circumstances, shall not be affected.

To ensure greater accountability by licensed firearms dealers. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. ``(2) The Attorney General may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who transfers armor piercing ammunition. ``(3)(A) If after a hearing held under paragraph (2) the Attorney General decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Attorney General shall give notice of the decision to the aggrieved party. ``(B) The aggrieved party may at any time within 60 days after the date notice is given under subparagraph (A) file a petition with the United States district court for the district in which the party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. ``(D) If the court decides that the Attorney General was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court.''. b) Conforming Amendments.-- (1) Section 923(j) of such title is amended in the 6th sentence by inserting ``, except as required under subsection (g)(1)(E)'' before the period. ( Section 923 of title 18, United States Code, is amended-- (1) in subsection (c), in the third sentence, by striking ``willfully''; and (2) in subsection (d), by striking ``willfully'' each place it appears. Section 926(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1) by striking ``only''. REPORT TO THE CONGRESS.

To ensure greater accountability by licensed firearms dealers. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. ``(B) Subparagraph (A)(ii) shall not apply in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee. ``(2) The Attorney General may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who transfers armor piercing ammunition. ``(4) The Attorney General's actions under this subsection may be reviewed only as provided in subsection (f). ``(3)(A) If after a hearing held under paragraph (2) the Attorney General decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Attorney General shall give notice of the decision to the aggrieved party. ``(B) The aggrieved party may at any time within 60 days after the date notice is given under subparagraph (A) file a petition with the United States district court for the district in which the party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. Section 925(b) of title 18, United States Code, is amended by striking ``until any conviction pursuant to the indictment becomes final'' and inserting ``until the date of any conviction pursuant to the indictment''. AUTHORITY TO REQUIRE LICENSED DEALER TO CONDUCT A PHYSICAL INVENTORY AND PROVIDE INVENTORY RECORD IF DEALER HAS UNLAWFULLY TRANSFERRED A FIREARM OR 10 OR MORE CRIME GUNS ARE TRACED TO THE DEALER. ( b) Conforming Amendments.-- (1) Section 923(j) of such title is amended in the 6th sentence by inserting ``, except as required under subsection (g)(1)(E)'' before the period. ( and (2) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``, subject to subsection (c)(2),'' after ``shall''. Section 923 of title 18, United States Code, is amended-- (1) in subsection (c), in the third sentence, by striking ``willfully''; and (2) in subsection (d), by striking ``willfully'' each place it appears. If any provision of this Act or of an amendment made by this Act, or the application of such a provision to any person or circumstance, is held to be invalid, the remainder of this Act or of such an amendment, or the application of this Act or of such an amendment to other persons or circumstances, shall not be affected.

To ensure greater accountability by licensed firearms dealers. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. ``(2) The Attorney General may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who transfers armor piercing ammunition. ``(3)(A) If after a hearing held under paragraph (2) the Attorney General decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Attorney General shall give notice of the decision to the aggrieved party. ``(B) The aggrieved party may at any time within 60 days after the date notice is given under subparagraph (A) file a petition with the United States district court for the district in which the party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. ``(D) If the court decides that the Attorney General was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court.''. b) Conforming Amendments.-- (1) Section 923(j) of such title is amended in the 6th sentence by inserting ``, except as required under subsection (g)(1)(E)'' before the period. ( Section 923 of title 18, United States Code, is amended-- (1) in subsection (c), in the third sentence, by striking ``willfully''; and (2) in subsection (d), by striking ``willfully'' each place it appears. Section 926(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1) by striking ``only''. REPORT TO THE CONGRESS.

To ensure greater accountability by licensed firearms dealers. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. ``(B) Subparagraph (A)(ii) shall not apply in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee. ``(2) The Attorney General may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who transfers armor piercing ammunition. ``(4) The Attorney General's actions under this subsection may be reviewed only as provided in subsection (f). ``(3)(A) If after a hearing held under paragraph (2) the Attorney General decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Attorney General shall give notice of the decision to the aggrieved party. ``(B) The aggrieved party may at any time within 60 days after the date notice is given under subparagraph (A) file a petition with the United States district court for the district in which the party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. Section 925(b) of title 18, United States Code, is amended by striking ``until any conviction pursuant to the indictment becomes final'' and inserting ``until the date of any conviction pursuant to the indictment''. AUTHORITY TO REQUIRE LICENSED DEALER TO CONDUCT A PHYSICAL INVENTORY AND PROVIDE INVENTORY RECORD IF DEALER HAS UNLAWFULLY TRANSFERRED A FIREARM OR 10 OR MORE CRIME GUNS ARE TRACED TO THE DEALER. ( b) Conforming Amendments.-- (1) Section 923(j) of such title is amended in the 6th sentence by inserting ``, except as required under subsection (g)(1)(E)'' before the period. ( and (2) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``, subject to subsection (c)(2),'' after ``shall''. Section 923 of title 18, United States Code, is amended-- (1) in subsection (c), in the third sentence, by striking ``willfully''; and (2) in subsection (d), by striking ``willfully'' each place it appears. If any provision of this Act or of an amendment made by this Act, or the application of such a provision to any person or circumstance, is held to be invalid, the remainder of this Act or of such an amendment, or the application of this Act or of such an amendment to other persons or circumstances, shall not be affected.

To ensure greater accountability by licensed firearms dealers. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. ``(2) The Attorney General may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who transfers armor piercing ammunition. ``(3)(A) If after a hearing held under paragraph (2) the Attorney General decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Attorney General shall give notice of the decision to the aggrieved party. ``(B) The aggrieved party may at any time within 60 days after the date notice is given under subparagraph (A) file a petition with the United States district court for the district in which the party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. ``(D) If the court decides that the Attorney General was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court.''. b) Conforming Amendments.-- (1) Section 923(j) of such title is amended in the 6th sentence by inserting ``, except as required under subsection (g)(1)(E)'' before the period. ( Section 923 of title 18, United States Code, is amended-- (1) in subsection (c), in the third sentence, by striking ``willfully''; and (2) in subsection (d), by striking ``willfully'' each place it appears. Section 926(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1) by striking ``only''. REPORT TO THE CONGRESS.

To ensure greater accountability by licensed firearms dealers. ``(3)(A) If after a hearing held under paragraph (2) the Attorney General decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Attorney General shall give notice of the decision to the aggrieved party. Section 925(b) of title 18, United States Code, is amended by striking ``until any conviction pursuant to the indictment becomes final'' and inserting ``until the date of any conviction pursuant to the indictment''. and (2) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``, subject to subsection (c)(2),'' after ``shall''.

Keeping Gun Dealers Honest Act of 2021 - Amends the federal criminal code to increase the number of authorized compliance inspections of firearms dealers from once to three times per year. (Currently, the Attorney General may suspend or revoke a firearms dealer's license or impose civil penalties for violations of the Brady Handgun Violence Prevention Act of 1994.) (Currently the Attorney general may suspend a firearms license Amends the federal criminal code to authorize the Attorney General to require a licensed importer, licensed manufacturer, or licensed dealer to conduct a physical inventory of the firearms in the licensee's business inventory, and provide the AG with a detailed record of the physical inventory if: (1) the licensee has been convicted of transferring a firearm unlawfully; or (2) 10 or more firearms used in

S.168

Health

Temporary Reciprocity to Ensure Access to Treatment Act or the TREAT Act This bill temporarily authorizes the interstate provision of in-person and telehealth services. This authorization applies during, and for at least 180 days after, the COVID-19 (i.e., coronavirus disease 2019) emergency. Specifically, subject to scope of practice and other requirements, a health care professional may provide health services in any U.S. jurisdiction based on that individual's authorization to practice in any one state or territory. The bill also provides certain related powers to health care professional regulatory bodies, such as medical boards. Specifically, a regulatory body may investigate and take disciplinary actions against a professional who provides services pursuant to this bill to a patient in that body's jurisdiction.

To provide temporary licensing reciprocity for telehealth and interstate health care treatment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Reciprocity to Ensure Access to Treatment Act'' or the ``TREAT Act''. SEC. 2. FINDINGS. Congress finds the following: (1) It is necessary to regulate, on a temporary and emergency basis, the provision of interstate commerce as it pertains to treatment by medical professionals licensed in one State to patients in other States. (2) COVID-19, the disease caused by SARS-CoV-2, has created a national public health emergency, as declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, and by the President under the National Emergencies Act on March 13, 2020. (3) The COVID-19 pandemic has resulted in closing many businesses and nonprofit organizations, including colleges and universities, and large areas of the country remain under full or partial stay-at-home orders, precluding the ability to seek routine or elective medical treatment and consultation. The closing of campus-based in-person learning at institutions of higher education has also meant that up to 1,000,000 students have returned to live with their families across State lines from where they may have been receiving medical care in the university setting. Furthermore, in many rural areas, in-person medical treatment is inaccessible. Even in urban areas, the pandemic has severely disrupted access to medical care, requiring medical professionals licensed in one State to provide treatment to patients residing nearby but across a State line and unable to visit the medical professional's office in the State of licensure. (4) It is vital that hospitals, temporary surge or field facilities, skilled nursing facilities, and nursing homes in areas with high caseloads of COVID-19 patients be able to have access to qualified medical professionals, including such professionals licensed in other States, without the delays that would be required for individualized licensing during a time when State agencies' capacity to review and process licensing requests are limited by the pandemic. (5) The provision of services by medical professionals, including services provided at no cost and services provided to patients in a State other than the State or States in which the medical professional maintains an office for professional services, affects interstate commerce. When used to provide services to patients located in a State other than the State in which the medical professional is located, telehealth services, as defined in section 3, utilize facilities of interstate commerce. (6) The inability of patients to visit in-State health care providers during the current crisis substantially affects interstate commerce. Economic activity has been limited by public health authorities and other government officials to ``flatten the curve'' of infections and hospitalizations and thereby prevent the health care system from becoming overwhelmed. Maximizing the efficient and effective use of health care resources is therefore vital to reopening the economy. (7) Barriers to the efficient delivery of health care services will lead to a shortage of those services that substantially affect health care availability across State lines. Shortages in health care services in one State prompt interstate travel to obtain health care in other States, even though discouraging such travel, particularly among the sick, is vital to containing the contagion and reopening the national economy. SEC. 3. DEFINITIONS. In this Act: (1) the term ``health care professional'' means an individual who-- (A) has a valid and unrestricted license or certification from, or is otherwise authorized by, a State, the District of Columbia, or a territory or possession of the United States, for any health profession, including mental health; and (B) is not affirmatively excluded from practice in the licensing or certifying jurisdiction or in any other jurisdiction; (2) the term ``Secretary'' means the Secretary of Health and Human Services; and (3) the term ``telehealth services'' means use of telecommunications and information technology (including synchronous or asynchronous audio-visual, audio-only, or store and forward technology) to provide access to physical and mental health assessment, diagnosis, treatment, intervention, consultation, supervision, and information across distance. SEC. 4. TEMPORARY AUTHORIZATION OF TELEHEALTH AND INTERSTATE TREATMENT. (a) In General.--Notwithstanding any other provision of Federal or State law or regulation regarding the licensure or certification of health care providers or the provision of telehealth services, a health care professional may practice within the scope of the individual's license, certification, or authorization described in section 3(1)(A), either in-person or through telehealth, in any State, the District of Columbia, or any territory or possession of the United States, or any other location designated by the Secretary, based on the licensure, certification, or authorization such individual in any one State, the District of Columbia, or territory or possession of the United States. (b) Scope of Telehealth Services.--Telehealth services authorized by this section include services provided to any patient regardless of whether the health care professional has a prior treatment relationship with the patient, provided that, if the health care professional does not have a prior treatment relationship with the patient, a new relationship may be established only via a written acknowledgment or synchronous technology. (c) Initiation of Telehealth Services.--Before providing telehealth services authorized by this section, the health care professional shall-- (1) verify the identification of the patient receiving health services; (2) obtain oral or written acknowledgment from the patient (or legal representative of the patient) to perform telehealth services, and if such acknowledgment is oral, make a record of such acknowledgment; and (3) obtain or confirm an alternative method of contacting the patient in case of a technological failure. (d) Written Notice of Provision of Services.--As soon as practicable, but not later than 30 days after first providing services pursuant to this section in a jurisdiction other than the jurisdiction in which a health care professional is licensed, certified, or otherwise authorized, such health care professional shall provide written notice to the applicable licensing, certifying, or authorizing authority in the jurisdiction in which the health care professional provided such services. Such notice shall include the health care professional's-- (1) name; (2) email address; (3) phone number; (4) State of primary license, certification, or authorization; and (5) license, certification, or authorization type, and applicable number or identifying information with respect to such license, certification, or authorization. (e) Clarification.--Nothing in this section authorizes a health care professional to-- (1) practice beyond the scope of practice authorized by-- (A) any State, District of Columbia, territorial, or local authority in the jurisdiction in which the health care professional holds a license, certification, or authorization described in section 3(1)(A); or (B) any State, District of Columbia, territorial, or local authority in the jurisdiction in which the patient receiving services is located; (2) provide any service or subset of services prohibited by any such authority in the jurisdiction in which the patient receiving services is located; (3) provide any service or subset of services in a manner prohibited by any such authority the jurisdiction in which the patient receiving services is located; or (4) provide any service or subset of services in a manner other than the manner prescribed by any such authority in the jurisdiction in which the patient receiving services is located. (f) Investigative and Disciplinary Authority.--A health care professional providing services pursuant to the authority under this section shall be subject to investigation and disciplinary action by the licensing, certifying, or authorizing authorities in the jurisdiction in which the patient receiving services is located. The jurisdiction in which the patient receiving services is located shall have the authority to preclude the health care provider from practicing further in its jurisdiction, whether such practice is authorized by the laws of such jurisdiction or the authority granted under this section, and shall report any such preclusion to the licensing authority in the jurisdiction in which the health care provider is licensed, certified, or authorized. (g) Multiple Jurisdiction Licensure.--Notwithstanding any other provision of this section, a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the State, the District of Columbia, or territory or possession where the patient is located. (h) Interstate Licensure Compacts.--If a health care professional is licensed in multiple jurisdictions through an interstate licensure compact, with respect to services provided to a patient located in a jurisdiction covered by such compact, the health care professional shall be subject to the requirements of the compact and not this section. SEC. 5. APPLICATION. This Act shall apply during the period beginning on the date of enactment of this Act and ending on the date that is at least 180 days (as determined by the Secretary) after the end of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19. <all>

TREAT Act

A bill to provide temporary licensing reciprocity for telehealth and interstate health care treatment.

TREAT Act Temporary Reciprocity to Ensure Access to Treatment Act

Sen. Murphy, Christopher

D

CT

This bill temporarily authorizes the interstate provision of in-person and telehealth services. This authorization applies during, and for at least 180 days after, the COVID-19 (i.e., coronavirus disease 2019) emergency. Specifically, subject to scope of practice and other requirements, a health care professional may provide health services in any U.S. jurisdiction based on that individual's authorization to practice in any one state or territory. The bill also provides certain related powers to health care professional regulatory bodies, such as medical boards. Specifically, a regulatory body may investigate and take disciplinary actions against a professional who provides services pursuant to this bill to a patient in that body's jurisdiction.

To provide temporary licensing reciprocity for telehealth and interstate health care treatment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Reciprocity to Ensure Access to Treatment Act'' or the ``TREAT Act''. 2. FINDINGS. The closing of campus-based in-person learning at institutions of higher education has also meant that up to 1,000,000 students have returned to live with their families across State lines from where they may have been receiving medical care in the university setting. Furthermore, in many rural areas, in-person medical treatment is inaccessible. (5) The provision of services by medical professionals, including services provided at no cost and services provided to patients in a State other than the State or States in which the medical professional maintains an office for professional services, affects interstate commerce. Maximizing the efficient and effective use of health care resources is therefore vital to reopening the economy. Shortages in health care services in one State prompt interstate travel to obtain health care in other States, even though discouraging such travel, particularly among the sick, is vital to containing the contagion and reopening the national economy. 3. DEFINITIONS. 4. Such notice shall include the health care professional's-- (1) name; (2) email address; (3) phone number; (4) State of primary license, certification, or authorization; and (5) license, certification, or authorization type, and applicable number or identifying information with respect to such license, certification, or authorization. The jurisdiction in which the patient receiving services is located shall have the authority to preclude the health care provider from practicing further in its jurisdiction, whether such practice is authorized by the laws of such jurisdiction or the authority granted under this section, and shall report any such preclusion to the licensing authority in the jurisdiction in which the health care provider is licensed, certified, or authorized. (g) Multiple Jurisdiction Licensure.--Notwithstanding any other provision of this section, a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the State, the District of Columbia, or territory or possession where the patient is located. SEC. APPLICATION. This Act shall apply during the period beginning on the date of enactment of this Act and ending on the date that is at least 180 days (as determined by the Secretary) after the end of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19.

To provide temporary licensing reciprocity for telehealth and interstate health care treatment. 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 ``Temporary Reciprocity to Ensure Access to Treatment Act'' or the ``TREAT Act''. 2. Furthermore, in many rural areas, in-person medical treatment is inaccessible. (5) The provision of services by medical professionals, including services provided at no cost and services provided to patients in a State other than the State or States in which the medical professional maintains an office for professional services, affects interstate commerce. Maximizing the efficient and effective use of health care resources is therefore vital to reopening the economy. 3. 4. Such notice shall include the health care professional's-- (1) name; (2) email address; (3) phone number; (4) State of primary license, certification, or authorization; and (5) license, certification, or authorization type, and applicable number or identifying information with respect to such license, certification, or authorization. The jurisdiction in which the patient receiving services is located shall have the authority to preclude the health care provider from practicing further in its jurisdiction, whether such practice is authorized by the laws of such jurisdiction or the authority granted under this section, and shall report any such preclusion to the licensing authority in the jurisdiction in which the health care provider is licensed, certified, or authorized. (g) Multiple Jurisdiction Licensure.--Notwithstanding any other provision of this section, a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the State, the District of Columbia, or territory or possession where the patient is located. SEC. This Act shall apply during the period beginning on the date of enactment of this Act and ending on the date that is at least 180 days (as determined by the Secretary) after the end of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19.

To provide temporary licensing reciprocity for telehealth and interstate health care treatment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Reciprocity to Ensure Access to Treatment Act'' or the ``TREAT Act''. 2. FINDINGS. The closing of campus-based in-person learning at institutions of higher education has also meant that up to 1,000,000 students have returned to live with their families across State lines from where they may have been receiving medical care in the university setting. Furthermore, in many rural areas, in-person medical treatment is inaccessible. (4) It is vital that hospitals, temporary surge or field facilities, skilled nursing facilities, and nursing homes in areas with high caseloads of COVID-19 patients be able to have access to qualified medical professionals, including such professionals licensed in other States, without the delays that would be required for individualized licensing during a time when State agencies' capacity to review and process licensing requests are limited by the pandemic. (5) The provision of services by medical professionals, including services provided at no cost and services provided to patients in a State other than the State or States in which the medical professional maintains an office for professional services, affects interstate commerce. Economic activity has been limited by public health authorities and other government officials to ``flatten the curve'' of infections and hospitalizations and thereby prevent the health care system from becoming overwhelmed. Maximizing the efficient and effective use of health care resources is therefore vital to reopening the economy. Shortages in health care services in one State prompt interstate travel to obtain health care in other States, even though discouraging such travel, particularly among the sick, is vital to containing the contagion and reopening the national economy. 3. DEFINITIONS. In this Act: (1) the term ``health care professional'' means an individual who-- (A) has a valid and unrestricted license or certification from, or is otherwise authorized by, a State, the District of Columbia, or a territory or possession of the United States, for any health profession, including mental health; and (B) is not affirmatively excluded from practice in the licensing or certifying jurisdiction or in any other jurisdiction; (2) the term ``Secretary'' means the Secretary of Health and Human Services; and (3) the term ``telehealth services'' means use of telecommunications and information technology (including synchronous or asynchronous audio-visual, audio-only, or store and forward technology) to provide access to physical and mental health assessment, diagnosis, treatment, intervention, consultation, supervision, and information across distance. 4. (b) Scope of Telehealth Services.--Telehealth services authorized by this section include services provided to any patient regardless of whether the health care professional has a prior treatment relationship with the patient, provided that, if the health care professional does not have a prior treatment relationship with the patient, a new relationship may be established only via a written acknowledgment or synchronous technology. Such notice shall include the health care professional's-- (1) name; (2) email address; (3) phone number; (4) State of primary license, certification, or authorization; and (5) license, certification, or authorization type, and applicable number or identifying information with respect to such license, certification, or authorization. The jurisdiction in which the patient receiving services is located shall have the authority to preclude the health care provider from practicing further in its jurisdiction, whether such practice is authorized by the laws of such jurisdiction or the authority granted under this section, and shall report any such preclusion to the licensing authority in the jurisdiction in which the health care provider is licensed, certified, or authorized. (g) Multiple Jurisdiction Licensure.--Notwithstanding any other provision of this section, a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the State, the District of Columbia, or territory or possession where the patient is located. SEC. APPLICATION. This Act shall apply during the period beginning on the date of enactment of this Act and ending on the date that is at least 180 days (as determined by the Secretary) after the end of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19.

To provide temporary licensing reciprocity for telehealth and interstate health care treatment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Reciprocity to Ensure Access to Treatment Act'' or the ``TREAT Act''. 2. FINDINGS. (3) The COVID-19 pandemic has resulted in closing many businesses and nonprofit organizations, including colleges and universities, and large areas of the country remain under full or partial stay-at-home orders, precluding the ability to seek routine or elective medical treatment and consultation. The closing of campus-based in-person learning at institutions of higher education has also meant that up to 1,000,000 students have returned to live with their families across State lines from where they may have been receiving medical care in the university setting. Furthermore, in many rural areas, in-person medical treatment is inaccessible. (4) It is vital that hospitals, temporary surge or field facilities, skilled nursing facilities, and nursing homes in areas with high caseloads of COVID-19 patients be able to have access to qualified medical professionals, including such professionals licensed in other States, without the delays that would be required for individualized licensing during a time when State agencies' capacity to review and process licensing requests are limited by the pandemic. (5) The provision of services by medical professionals, including services provided at no cost and services provided to patients in a State other than the State or States in which the medical professional maintains an office for professional services, affects interstate commerce. (6) The inability of patients to visit in-State health care providers during the current crisis substantially affects interstate commerce. Economic activity has been limited by public health authorities and other government officials to ``flatten the curve'' of infections and hospitalizations and thereby prevent the health care system from becoming overwhelmed. Maximizing the efficient and effective use of health care resources is therefore vital to reopening the economy. Shortages in health care services in one State prompt interstate travel to obtain health care in other States, even though discouraging such travel, particularly among the sick, is vital to containing the contagion and reopening the national economy. 3. DEFINITIONS. In this Act: (1) the term ``health care professional'' means an individual who-- (A) has a valid and unrestricted license or certification from, or is otherwise authorized by, a State, the District of Columbia, or a territory or possession of the United States, for any health profession, including mental health; and (B) is not affirmatively excluded from practice in the licensing or certifying jurisdiction or in any other jurisdiction; (2) the term ``Secretary'' means the Secretary of Health and Human Services; and (3) the term ``telehealth services'' means use of telecommunications and information technology (including synchronous or asynchronous audio-visual, audio-only, or store and forward technology) to provide access to physical and mental health assessment, diagnosis, treatment, intervention, consultation, supervision, and information across distance. 4. (b) Scope of Telehealth Services.--Telehealth services authorized by this section include services provided to any patient regardless of whether the health care professional has a prior treatment relationship with the patient, provided that, if the health care professional does not have a prior treatment relationship with the patient, a new relationship may be established only via a written acknowledgment or synchronous technology. Such notice shall include the health care professional's-- (1) name; (2) email address; (3) phone number; (4) State of primary license, certification, or authorization; and (5) license, certification, or authorization type, and applicable number or identifying information with respect to such license, certification, or authorization. (f) Investigative and Disciplinary Authority.--A health care professional providing services pursuant to the authority under this section shall be subject to investigation and disciplinary action by the licensing, certifying, or authorizing authorities in the jurisdiction in which the patient receiving services is located. The jurisdiction in which the patient receiving services is located shall have the authority to preclude the health care provider from practicing further in its jurisdiction, whether such practice is authorized by the laws of such jurisdiction or the authority granted under this section, and shall report any such preclusion to the licensing authority in the jurisdiction in which the health care provider is licensed, certified, or authorized. (g) Multiple Jurisdiction Licensure.--Notwithstanding any other provision of this section, a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the State, the District of Columbia, or territory or possession where the patient is located. (h) Interstate Licensure Compacts.--If a health care professional is licensed in multiple jurisdictions through an interstate licensure compact, with respect to services provided to a patient located in a jurisdiction covered by such compact, the health care professional shall be subject to the requirements of the compact and not this section. SEC. APPLICATION. This Act shall apply during the period beginning on the date of enactment of this Act and ending on the date that is at least 180 days (as determined by the Secretary) after the end of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19.

To provide temporary licensing reciprocity for telehealth and interstate health care treatment. 3) The COVID-19 pandemic has resulted in closing many businesses and nonprofit organizations, including colleges and universities, and large areas of the country remain under full or partial stay-at-home orders, precluding the ability to seek routine or elective medical treatment and consultation. Furthermore, in many rural areas, in-person medical treatment is inaccessible. When used to provide services to patients located in a State other than the State in which the medical professional is located, telehealth services, as defined in section 3, utilize facilities of interstate commerce. ( Economic activity has been limited by public health authorities and other government officials to ``flatten the curve'' of infections and hospitalizations and thereby prevent the health care system from becoming overwhelmed. 7) Barriers to the efficient delivery of health care services will lead to a shortage of those services that substantially affect health care availability across State lines. b) Scope of Telehealth Services.--Telehealth services authorized by this section include services provided to any patient regardless of whether the health care professional has a prior treatment relationship with the patient, provided that, if the health care professional does not have a prior treatment relationship with the patient, a new relationship may be established only via a written acknowledgment or synchronous technology. ( c) Initiation of Telehealth Services.--Before providing telehealth services authorized by this section, the health care professional shall-- (1) verify the identification of the patient receiving health services; (2) obtain oral or written acknowledgment from the patient (or legal representative of the patient) to perform telehealth services, and if such acknowledgment is oral, make a record of such acknowledgment; and (3) obtain or confirm an alternative method of contacting the patient in case of a technological failure. (d) Written Notice of Provision of Services.--As soon as practicable, but not later than 30 days after first providing services pursuant to this section in a jurisdiction other than the jurisdiction in which a health care professional is licensed, certified, or otherwise authorized, such health care professional shall provide written notice to the applicable licensing, certifying, or authorizing authority in the jurisdiction in which the health care professional provided such services. Such notice shall include the health care professional's-- (1) name; (2) email address; (3) phone number; (4) State of primary license, certification, or authorization; and (5) license, certification, or authorization type, and applicable number or identifying information with respect to such license, certification, or authorization. f) Investigative and Disciplinary Authority.--A health care professional providing services pursuant to the authority under this section shall be subject to investigation and disciplinary action by the licensing, certifying, or authorizing authorities in the jurisdiction in which the patient receiving services is located. The jurisdiction in which the patient receiving services is located shall have the authority to preclude the health care provider from practicing further in its jurisdiction, whether such practice is authorized by the laws of such jurisdiction or the authority granted under this section, and shall report any such preclusion to the licensing authority in the jurisdiction in which the health care provider is licensed, certified, or authorized. ( g) Multiple Jurisdiction Licensure.--Notwithstanding any other provision of this section, a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the State, the District of Columbia, or territory or possession where the patient is located. (

To provide temporary licensing reciprocity for telehealth and interstate health care treatment. 3) The COVID-19 pandemic has resulted in closing many businesses and nonprofit organizations, including colleges and universities, and large areas of the country remain under full or partial stay-at-home orders, precluding the ability to seek routine or elective medical treatment and consultation. (5) The provision of services by medical professionals, including services provided at no cost and services provided to patients in a State other than the State or States in which the medical professional maintains an office for professional services, affects interstate commerce. 6) The inability of patients to visit in-State health care providers during the current crisis substantially affects interstate commerce. b) Scope of Telehealth Services.--Telehealth services authorized by this section include services provided to any patient regardless of whether the health care professional has a prior treatment relationship with the patient, provided that, if the health care professional does not have a prior treatment relationship with the patient, a new relationship may be established only via a written acknowledgment or synchronous technology. ( c) Initiation of Telehealth Services.--Before providing telehealth services authorized by this section, the health care professional shall-- (1) verify the identification of the patient receiving health services; (2) obtain oral or written acknowledgment from the patient (or legal representative of the patient) to perform telehealth services, and if such acknowledgment is oral, make a record of such acknowledgment; and (3) obtain or confirm an alternative method of contacting the patient in case of a technological failure. ( f) Investigative and Disciplinary Authority.--A health care professional providing services pursuant to the authority under this section shall be subject to investigation and disciplinary action by the licensing, certifying, or authorizing authorities in the jurisdiction in which the patient receiving services is located. g) Multiple Jurisdiction Licensure.--Notwithstanding any other provision of this section, a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the State, the District of Columbia, or territory or possession where the patient is located. ( This Act shall apply during the period beginning on the date of enactment of this Act and ending on the date that is at least 180 days (as determined by the Secretary) after the end of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19.

To provide temporary licensing reciprocity for telehealth and interstate health care treatment. 3) The COVID-19 pandemic has resulted in closing many businesses and nonprofit organizations, including colleges and universities, and large areas of the country remain under full or partial stay-at-home orders, precluding the ability to seek routine or elective medical treatment and consultation. (5) The provision of services by medical professionals, including services provided at no cost and services provided to patients in a State other than the State or States in which the medical professional maintains an office for professional services, affects interstate commerce. 6) The inability of patients to visit in-State health care providers during the current crisis substantially affects interstate commerce. b) Scope of Telehealth Services.--Telehealth services authorized by this section include services provided to any patient regardless of whether the health care professional has a prior treatment relationship with the patient, provided that, if the health care professional does not have a prior treatment relationship with the patient, a new relationship may be established only via a written acknowledgment or synchronous technology. ( c) Initiation of Telehealth Services.--Before providing telehealth services authorized by this section, the health care professional shall-- (1) verify the identification of the patient receiving health services; (2) obtain oral or written acknowledgment from the patient (or legal representative of the patient) to perform telehealth services, and if such acknowledgment is oral, make a record of such acknowledgment; and (3) obtain or confirm an alternative method of contacting the patient in case of a technological failure. ( f) Investigative and Disciplinary Authority.--A health care professional providing services pursuant to the authority under this section shall be subject to investigation and disciplinary action by the licensing, certifying, or authorizing authorities in the jurisdiction in which the patient receiving services is located. g) Multiple Jurisdiction Licensure.--Notwithstanding any other provision of this section, a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the State, the District of Columbia, or territory or possession where the patient is located. ( This Act shall apply during the period beginning on the date of enactment of this Act and ending on the date that is at least 180 days (as determined by the Secretary) after the end of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19.

To provide temporary licensing reciprocity for telehealth and interstate health care treatment. 3) The COVID-19 pandemic has resulted in closing many businesses and nonprofit organizations, including colleges and universities, and large areas of the country remain under full or partial stay-at-home orders, precluding the ability to seek routine or elective medical treatment and consultation. Furthermore, in many rural areas, in-person medical treatment is inaccessible. When used to provide services to patients located in a State other than the State in which the medical professional is located, telehealth services, as defined in section 3, utilize facilities of interstate commerce. ( Economic activity has been limited by public health authorities and other government officials to ``flatten the curve'' of infections and hospitalizations and thereby prevent the health care system from becoming overwhelmed. 7) Barriers to the efficient delivery of health care services will lead to a shortage of those services that substantially affect health care availability across State lines. b) Scope of Telehealth Services.--Telehealth services authorized by this section include services provided to any patient regardless of whether the health care professional has a prior treatment relationship with the patient, provided that, if the health care professional does not have a prior treatment relationship with the patient, a new relationship may be established only via a written acknowledgment or synchronous technology. ( c) Initiation of Telehealth Services.--Before providing telehealth services authorized by this section, the health care professional shall-- (1) verify the identification of the patient receiving health services; (2) obtain oral or written acknowledgment from the patient (or legal representative of the patient) to perform telehealth services, and if such acknowledgment is oral, make a record of such acknowledgment; and (3) obtain or confirm an alternative method of contacting the patient in case of a technological failure. (d) Written Notice of Provision of Services.--As soon as practicable, but not later than 30 days after first providing services pursuant to this section in a jurisdiction other than the jurisdiction in which a health care professional is licensed, certified, or otherwise authorized, such health care professional shall provide written notice to the applicable licensing, certifying, or authorizing authority in the jurisdiction in which the health care professional provided such services. Such notice shall include the health care professional's-- (1) name; (2) email address; (3) phone number; (4) State of primary license, certification, or authorization; and (5) license, certification, or authorization type, and applicable number or identifying information with respect to such license, certification, or authorization. f) Investigative and Disciplinary Authority.--A health care professional providing services pursuant to the authority under this section shall be subject to investigation and disciplinary action by the licensing, certifying, or authorizing authorities in the jurisdiction in which the patient receiving services is located. The jurisdiction in which the patient receiving services is located shall have the authority to preclude the health care provider from practicing further in its jurisdiction, whether such practice is authorized by the laws of such jurisdiction or the authority granted under this section, and shall report any such preclusion to the licensing authority in the jurisdiction in which the health care provider is licensed, certified, or authorized. ( g) Multiple Jurisdiction Licensure.--Notwithstanding any other provision of this section, a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the State, the District of Columbia, or territory or possession where the patient is located. (

To provide temporary licensing reciprocity for telehealth and interstate health care treatment. 3) The COVID-19 pandemic has resulted in closing many businesses and nonprofit organizations, including colleges and universities, and large areas of the country remain under full or partial stay-at-home orders, precluding the ability to seek routine or elective medical treatment and consultation. (5) The provision of services by medical professionals, including services provided at no cost and services provided to patients in a State other than the State or States in which the medical professional maintains an office for professional services, affects interstate commerce. 6) The inability of patients to visit in-State health care providers during the current crisis substantially affects interstate commerce. b) Scope of Telehealth Services.--Telehealth services authorized by this section include services provided to any patient regardless of whether the health care professional has a prior treatment relationship with the patient, provided that, if the health care professional does not have a prior treatment relationship with the patient, a new relationship may be established only via a written acknowledgment or synchronous technology. ( c) Initiation of Telehealth Services.--Before providing telehealth services authorized by this section, the health care professional shall-- (1) verify the identification of the patient receiving health services; (2) obtain oral or written acknowledgment from the patient (or legal representative of the patient) to perform telehealth services, and if such acknowledgment is oral, make a record of such acknowledgment; and (3) obtain or confirm an alternative method of contacting the patient in case of a technological failure. ( f) Investigative and Disciplinary Authority.--A health care professional providing services pursuant to the authority under this section shall be subject to investigation and disciplinary action by the licensing, certifying, or authorizing authorities in the jurisdiction in which the patient receiving services is located. g) Multiple Jurisdiction Licensure.--Notwithstanding any other provision of this section, a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the State, the District of Columbia, or territory or possession where the patient is located. ( This Act shall apply during the period beginning on the date of enactment of this Act and ending on the date that is at least 180 days (as determined by the Secretary) after the end of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19.

To provide temporary licensing reciprocity for telehealth and interstate health care treatment. 3) The COVID-19 pandemic has resulted in closing many businesses and nonprofit organizations, including colleges and universities, and large areas of the country remain under full or partial stay-at-home orders, precluding the ability to seek routine or elective medical treatment and consultation. Furthermore, in many rural areas, in-person medical treatment is inaccessible. When used to provide services to patients located in a State other than the State in which the medical professional is located, telehealth services, as defined in section 3, utilize facilities of interstate commerce. ( Economic activity has been limited by public health authorities and other government officials to ``flatten the curve'' of infections and hospitalizations and thereby prevent the health care system from becoming overwhelmed. 7) Barriers to the efficient delivery of health care services will lead to a shortage of those services that substantially affect health care availability across State lines. b) Scope of Telehealth Services.--Telehealth services authorized by this section include services provided to any patient regardless of whether the health care professional has a prior treatment relationship with the patient, provided that, if the health care professional does not have a prior treatment relationship with the patient, a new relationship may be established only via a written acknowledgment or synchronous technology. ( c) Initiation of Telehealth Services.--Before providing telehealth services authorized by this section, the health care professional shall-- (1) verify the identification of the patient receiving health services; (2) obtain oral or written acknowledgment from the patient (or legal representative of the patient) to perform telehealth services, and if such acknowledgment is oral, make a record of such acknowledgment; and (3) obtain or confirm an alternative method of contacting the patient in case of a technological failure. (d) Written Notice of Provision of Services.--As soon as practicable, but not later than 30 days after first providing services pursuant to this section in a jurisdiction other than the jurisdiction in which a health care professional is licensed, certified, or otherwise authorized, such health care professional shall provide written notice to the applicable licensing, certifying, or authorizing authority in the jurisdiction in which the health care professional provided such services. Such notice shall include the health care professional's-- (1) name; (2) email address; (3) phone number; (4) State of primary license, certification, or authorization; and (5) license, certification, or authorization type, and applicable number or identifying information with respect to such license, certification, or authorization. f) Investigative and Disciplinary Authority.--A health care professional providing services pursuant to the authority under this section shall be subject to investigation and disciplinary action by the licensing, certifying, or authorizing authorities in the jurisdiction in which the patient receiving services is located. The jurisdiction in which the patient receiving services is located shall have the authority to preclude the health care provider from practicing further in its jurisdiction, whether such practice is authorized by the laws of such jurisdiction or the authority granted under this section, and shall report any such preclusion to the licensing authority in the jurisdiction in which the health care provider is licensed, certified, or authorized. ( g) Multiple Jurisdiction Licensure.--Notwithstanding any other provision of this section, a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the State, the District of Columbia, or territory or possession where the patient is located. (

To provide temporary licensing reciprocity for telehealth and interstate health care treatment. 3) The COVID-19 pandemic has resulted in closing many businesses and nonprofit organizations, including colleges and universities, and large areas of the country remain under full or partial stay-at-home orders, precluding the ability to seek routine or elective medical treatment and consultation. (5) The provision of services by medical professionals, including services provided at no cost and services provided to patients in a State other than the State or States in which the medical professional maintains an office for professional services, affects interstate commerce. 6) The inability of patients to visit in-State health care providers during the current crisis substantially affects interstate commerce. b) Scope of Telehealth Services.--Telehealth services authorized by this section include services provided to any patient regardless of whether the health care professional has a prior treatment relationship with the patient, provided that, if the health care professional does not have a prior treatment relationship with the patient, a new relationship may be established only via a written acknowledgment or synchronous technology. ( c) Initiation of Telehealth Services.--Before providing telehealth services authorized by this section, the health care professional shall-- (1) verify the identification of the patient receiving health services; (2) obtain oral or written acknowledgment from the patient (or legal representative of the patient) to perform telehealth services, and if such acknowledgment is oral, make a record of such acknowledgment; and (3) obtain or confirm an alternative method of contacting the patient in case of a technological failure. ( f) Investigative and Disciplinary Authority.--A health care professional providing services pursuant to the authority under this section shall be subject to investigation and disciplinary action by the licensing, certifying, or authorizing authorities in the jurisdiction in which the patient receiving services is located. g) Multiple Jurisdiction Licensure.--Notwithstanding any other provision of this section, a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the State, the District of Columbia, or territory or possession where the patient is located. ( This Act shall apply during the period beginning on the date of enactment of this Act and ending on the date that is at least 180 days (as determined by the Secretary) after the end of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19.

To provide temporary licensing reciprocity for telehealth and interstate health care treatment. 3) The COVID-19 pandemic has resulted in closing many businesses and nonprofit organizations, including colleges and universities, and large areas of the country remain under full or partial stay-at-home orders, precluding the ability to seek routine or elective medical treatment and consultation. ( c) Initiation of Telehealth Services.--Before providing telehealth services authorized by this section, the health care professional shall-- (1) verify the identification of the patient receiving health services; (2) obtain oral or written acknowledgment from the patient (or legal representative of the patient) to perform telehealth services, and if such acknowledgment is oral, make a record of such acknowledgment; and (3) obtain or confirm an alternative method of contacting the patient in case of a technological failure. ( d) Written Notice of Provision of Services.--As soon as practicable, but not later than 30 days after first providing services pursuant to this section in a jurisdiction other than the jurisdiction in which a health care professional is licensed, certified, or otherwise authorized, such health care professional shall provide written notice to the applicable licensing, certifying, or authorizing authority in the jurisdiction in which the health care professional provided such services. The jurisdiction in which the patient receiving services is located shall have the authority to preclude the health care provider from practicing further in its jurisdiction, whether such practice is authorized by the laws of such jurisdiction or the authority granted under this section, and shall report any such preclusion to the licensing authority in the jurisdiction in which the health care provider is licensed, certified, or authorized. ( g) Multiple Jurisdiction Licensure.--Notwithstanding any other provision of this section, a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the State, the District of Columbia, or territory or possession where the patient is located. (

To provide temporary licensing reciprocity for telehealth and interstate health care treatment. b) Scope of Telehealth Services.--Telehealth services authorized by this section include services provided to any patient regardless of whether the health care professional has a prior treatment relationship with the patient, provided that, if the health care professional does not have a prior treatment relationship with the patient, a new relationship may be established only via a written acknowledgment or synchronous technology. ( ( This Act shall apply during the period beginning on the date of enactment of this Act and ending on the date that is at least 180 days (as determined by the Secretary) after the end of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19.

To provide temporary licensing reciprocity for telehealth and interstate health care treatment. 3) The COVID-19 pandemic has resulted in closing many businesses and nonprofit organizations, including colleges and universities, and large areas of the country remain under full or partial stay-at-home orders, precluding the ability to seek routine or elective medical treatment and consultation. ( c) Initiation of Telehealth Services.--Before providing telehealth services authorized by this section, the health care professional shall-- (1) verify the identification of the patient receiving health services; (2) obtain oral or written acknowledgment from the patient (or legal representative of the patient) to perform telehealth services, and if such acknowledgment is oral, make a record of such acknowledgment; and (3) obtain or confirm an alternative method of contacting the patient in case of a technological failure. ( d) Written Notice of Provision of Services.--As soon as practicable, but not later than 30 days after first providing services pursuant to this section in a jurisdiction other than the jurisdiction in which a health care professional is licensed, certified, or otherwise authorized, such health care professional shall provide written notice to the applicable licensing, certifying, or authorizing authority in the jurisdiction in which the health care professional provided such services. The jurisdiction in which the patient receiving services is located shall have the authority to preclude the health care provider from practicing further in its jurisdiction, whether such practice is authorized by the laws of such jurisdiction or the authority granted under this section, and shall report any such preclusion to the licensing authority in the jurisdiction in which the health care provider is licensed, certified, or authorized. ( g) Multiple Jurisdiction Licensure.--Notwithstanding any other provision of this section, a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the State, the District of Columbia, or territory or possession where the patient is located. (

Temporary Reciprocity to Ensure Access to Treatment Act or the TREAT Act This bill amends the Public Health Service Act to authorize the Department of Health and Human Services (HHS) to regulate, on a temporary and emergency basis, the provision of interstate commerce as it pertains to treatment by medical professionals licensed in one State to patients in other States. When used to provide This bill requires a health care professional to provide written notice to the applicable licensing, certifying, or authorizing authority in the jurisdiction in which the professional provides services to a patient in order to be subject to investigation and disciplinary action by such authority. The jurisdiction in such jurisdiction shall have the authority to preclude the professional from practicing further in its jurisdiction, whether such practice is authorized by the laws of

H.R.7130

Public Lands and Natural Resources

Leandra Wai Act This bill provides for the conveyance and return by the Department of Defense (DOD), to the state of Hawaii, without consideration, all interest of the United States in the parcel of property known as the Makua Military Reservation located in Oahu, Hawaii. DOD shall, in collaboration with the state, conduct a study to There is established a Makua Military Reservation Conveyance, Remediation, and Environmental Restoration Trust Fund to (1) make the reservation suitable for agriculture, residential use, and human habitation, including any remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; and (2) carry out this bill. The U.S. Army Corps of Engineers shall enter into a memorandum of understanding with the state that shall govern

To direct the Secretary of Defense to convey the Makua Military Reservation to the State of Hawai`i and establish a trust fund for such conveyance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This bill may be cited as the ``Leandra Wai Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Leandra Wai was a co-founder of the Native Hawaiian-led non-profit Malama Makua, served as its president, and grounded the organization as its cultural practitioner until her passing in 2016. She embodied the cultural healing power of Makua Valley, and was the heart, soul, and spirit of Malama Makua as the organization fought in Federal court to stop live-fire training in the sacred valley. Twice per month, from 2002 until shortly before her passing, Wai led cultural access into Makua Valley, facilitating the cultural reconnection of thousands of community members with Makua. Her leadership still guides Malama Makua. (2) Makua, which means ``parents'' in Hawaiian, is a sacred site, rich in culture and biological resources. (3) Makua Military Reservation (in this section referred to as ``MMR'') contains more than 100 sites eligible for listing on the National Register of Historic Places, including Hawaiian temples, shrines, petroglyphs, and other sacred, cultural, and historic sites. Past military live-fire training has damaged Makua's cultural sites, bombing them and pockmarking them with bullet holes. Moreover, continued military occupation of MMR severely limits access by Native Hawaiian cultural practitioners. (4) In Native Hawaiian stories and legends, or ``mo`olelo'', Makua is an important place within a much more expansive traditional cultural landscape and network of interrelated sites. It has heightened cultural significance because of its relationship to other sites. (5) Military training-related fires at MMR threaten more than 40 species of animals and plants protected under the Endangered Species Act (Public Law 93-205; 16 U.S.C. 1531 et seq.), as well as native habitat identified as critical to the survival and recovery of these imperiled species. Additionally, training-related fires have burned thousands of acres at MMR. (6) Historically, Makua was considered ```aina momona'', or fertile land, with evidence of extensive agricultural terracing that could have produced substantial amounts of food and provided access to important offshore fisheries. (7) Traditional and customary practices, such as fishing, gathering of plants, and funerary practices, have continued at Makua in different forms to the present. (8) Toxins from military training and related activities at MMR, such as prescribed burns, contaminate Makua's air, land, and water. Contaminants are transported to civilian areas beyond MMR's boundaries--to Makua Beach and the ocean--via the air, Makua's streams, overland flow during storm events, and groundwater. (9) The Armed Forces seized Makua for training shortly after the attack on Pearl Harbor, evicting the families who had lived there for generations, bombing their church, and destroying their homes. The Armed Forces promised to return the land to the local families six months after the end of hostilities but broke that promise. Nearly eight decades after World War II ended, the Armed Forces still occupy MMR. (10) In addition to seizing Hawaiian trust lands, the Armed Forces condemned kuleana land grants from Native Hawaiian families. (11) MMR lies just across Farrington Highway, a public roadway, from Makua Beach, a public beach where local children play, and local families gather fish and limu to put food on their tables. (12) The Armed Forces have not conducted live fire training at MMR since June 2004. For more than 23 years, Hawai`i-based military units have consistently and repeatedly been able to achieve readiness to deploy for combat missions without conducting any live-fire training at MMR. (13) The Wai`anae district is home to one of the largest concentrations of Native Hawaiians anywhere, yet approximately one-third of Wai`anae's land is occupied by the Armed Forces. The community has been burdened with multiple threats to health, safety, and the environment, which is reflected in poor health and socioeconomic indicators. (14) Makua is an important site for the revitalization of Native Hawaiian cultural practices and a valuable educational resource for Hawaiian culture, history, ecology, and environmental restoration. SEC. 3. STUDY OF THE COST TO MAKE THE MAKUA MILITARY RESERVATION SUITABLE FOR HUMAN HABITATION. (a) Study Required.--The Secretary of Defense shall, in collaboration with the State of Hawai`i, conduct a study to-- (1) map out land hazards including-- (A) unexploded ordnance; and (B) other contaminants; (2) determine an appropriate schedule, consistent with community standards, for the removal of such land hazards; and (3) provide a cost estimate for the land remediation and restoration activities required to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation. (b) Report Required.--Not later than one year following the date of the enactment of this Act, the Secretary, in collaboration with the State of Hawai`i, shall submit a report to the appropriate congressional committees that contains the results of such study. SEC. 4. CONVEYANCE OF THE MAKUA MILITARY RESERVATION TO THE STATE OF HAWAI`I. (a) Conveyance.--The United States, through the Secretary of Defense, shall convey and return, without consideration, to the State of Hawai`i, all right, title, and interest of the United States in and to that parcel of property known as the Makua Military Reservation located in Oahu, Hawai`i. (b) Deadline.--Notwithstanding section 120(h)(3)(A)(ii)(I) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)(A)(ii)(I)), the Secretary shall carry out the conveyance under subsection (a) of this section not later than 180 days after the date of the enactment of this Act. (c) Description of Property.--The exact acreage and legal description of the parcel of property to be conveyed under this Act shall be determined by a survey that is satisfactory to the State of Hawai`i after consultation with the Secretary. (d) Report on Conveyance.--Not later than 180 days after the conveyance under this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on the compliance with the provisions of this Act. SEC. 5. MAKUA MILITARY RESERVATION CONVEYANCE, REMEDIATION, AND ENVIRONMENTAL RESTORATION TRUST FUND. (a) Establishment of Trust Fund.--There is established in the Treasury of the United States a trust fund that shall be known as the ``Makua Military Reservation Conveyance, Remediation, and Environmental Restoration Trust Fund'' (in this section referred to as the ``Fund''), consisting of such sums as may be appropriated or credited to the Fund as provided in this section. (b) Transfer to the Fund.-- (1) Appropriations.--There are authorized to be appropriated to the Fund such sums as may be necessary-- (A) to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation, including any remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620 et seq.); and (B) to carry out this Act. (2) Investment yield.--There shall be deposited into the Fund any returns yielded from the investment of the sums appropriated to the Fund under paragraph (1) of this subsection. (c) Expenditures From the Fund.--Amounts in the Fund shall be made available pursuant to the terms of the Memorandum of Understanding under subsection (d). (d) Memorandum of Understanding.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers, shall enter into a Memorandum of Understanding with the State of Hawai`i that shall govern-- (A) the study required under section 3(a); (B) the conveyance required under section 4(a); (C) the timing, planning, methodology, and implementation for the removal of-- (i) unexploded ordnance; and (ii) other contaminants; and (D) the use of the sums appropriated to the Fund under subsection (b)(1). (2) Consultation.--In carrying out paragraph (1), with respect to the terms and conditions included in the Memorandum of Understanding pursuant to paragraph (1)(C), the Secretary of the Army shall consult with Native Hawaiian organizations. (3) Access to site.--Nothing in the Memorandum of Understanding may restrict access to the Makua Military Reservation pursuant to paragraph 13 of the settlement agreement and stipulated order of the United States District Court for the District of Hawai`i executed on October 4, 2001 (Civil No. 00-00813 SOM-LEK). SEC. 6. DEFINITIONS. In this Act: (1) The term ``appropriate congressional committees'' means the Committees on Armed Services of the Senate and House of Representatives. (2) The term ``Native Hawaiian organization'' has the meaning given such term-- (A) in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517); or (B) in section 300314 of title 54, United States Code. (3) The term ``other contaminants'' includes-- (A) improved conventional munitions; (B) munitions waste; (C) medical waste; and (D) other hazardous materials introduced to the Makua Military Reservation by the Secretary of Defense. <all>

Leandra Wai Act

To direct the Secretary of Defense to convey the M?kua Military Reservation to the State of Hawai?i and establish a trust fund for such conveyance, and for other purposes.

Leandra Wai Act

Rep. Kahele, Kaiali'i

D

HI

This bill provides for the conveyance and return by the Department of Defense (DOD), to the state of Hawaii, without consideration, all interest of the United States in the parcel of property known as the Makua Military Reservation located in Oahu, Hawaii. DOD shall, in collaboration with the state, conduct a study to There is established a Makua Military Reservation Conveyance, Remediation, and Environmental Restoration Trust Fund to (1) make the reservation suitable for agriculture, residential use, and human habitation, including any remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; and (2) carry out this bill. The U.S. Army Corps of Engineers shall enter into a memorandum of understanding with the state that shall govern

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This bill may be cited as the ``Leandra Wai Act''. 2. FINDINGS. She embodied the cultural healing power of Makua Valley, and was the heart, soul, and spirit of Malama Makua as the organization fought in Federal court to stop live-fire training in the sacred valley. It has heightened cultural significance because of its relationship to other sites. ), as well as native habitat identified as critical to the survival and recovery of these imperiled species. Additionally, training-related fires have burned thousands of acres at MMR. (6) Historically, Makua was considered ```aina momona'', or fertile land, with evidence of extensive agricultural terracing that could have produced substantial amounts of food and provided access to important offshore fisheries. (7) Traditional and customary practices, such as fishing, gathering of plants, and funerary practices, have continued at Makua in different forms to the present. Nearly eight decades after World War II ended, the Armed Forces still occupy MMR. (10) In addition to seizing Hawaiian trust lands, the Armed Forces condemned kuleana land grants from Native Hawaiian families. (11) MMR lies just across Farrington Highway, a public roadway, from Makua Beach, a public beach where local children play, and local families gather fish and limu to put food on their tables. The community has been burdened with multiple threats to health, safety, and the environment, which is reflected in poor health and socioeconomic indicators. 3. (b) Report Required.--Not later than one year following the date of the enactment of this Act, the Secretary, in collaboration with the State of Hawai`i, shall submit a report to the appropriate congressional committees that contains the results of such study. 4. CONVEYANCE OF THE MAKUA MILITARY RESERVATION TO THE STATE OF HAWAI`I. (c) Description of Property.--The exact acreage and legal description of the parcel of property to be conveyed under this Act shall be determined by a survey that is satisfactory to the State of Hawai`i after consultation with the Secretary. 5. (b) Transfer to the Fund.-- (1) Appropriations.--There are authorized to be appropriated to the Fund such sums as may be necessary-- (A) to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation, including any remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620 et seq. ); and (B) to carry out this Act. (c) Expenditures From the Fund.--Amounts in the Fund shall be made available pursuant to the terms of the Memorandum of Understanding under subsection (d). 00-00813 SOM-LEK). SEC. 6. DEFINITIONS. (3) The term ``other contaminants'' includes-- (A) improved conventional munitions; (B) munitions waste; (C) medical waste; and (D) other hazardous materials introduced to the Makua Military Reservation by the Secretary of Defense.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This bill may be cited as the ``Leandra Wai Act''. 2. She embodied the cultural healing power of Makua Valley, and was the heart, soul, and spirit of Malama Makua as the organization fought in Federal court to stop live-fire training in the sacred valley. It has heightened cultural significance because of its relationship to other sites. ), as well as native habitat identified as critical to the survival and recovery of these imperiled species. Additionally, training-related fires have burned thousands of acres at MMR. (7) Traditional and customary practices, such as fishing, gathering of plants, and funerary practices, have continued at Makua in different forms to the present. (10) In addition to seizing Hawaiian trust lands, the Armed Forces condemned kuleana land grants from Native Hawaiian families. (11) MMR lies just across Farrington Highway, a public roadway, from Makua Beach, a public beach where local children play, and local families gather fish and limu to put food on their tables. The community has been burdened with multiple threats to health, safety, and the environment, which is reflected in poor health and socioeconomic indicators. 3. (b) Report Required.--Not later than one year following the date of the enactment of this Act, the Secretary, in collaboration with the State of Hawai`i, shall submit a report to the appropriate congressional committees that contains the results of such study. 4. CONVEYANCE OF THE MAKUA MILITARY RESERVATION TO THE STATE OF HAWAI`I. 5. (b) Transfer to the Fund.-- (1) Appropriations.--There are authorized to be appropriated to the Fund such sums as may be necessary-- (A) to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation, including any remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620 et seq. ); and (B) to carry out this Act. (c) Expenditures From the Fund.--Amounts in the Fund shall be made available pursuant to the terms of the Memorandum of Understanding under subsection (d). SEC. 6.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This bill may be cited as the ``Leandra Wai Act''. 2. FINDINGS. Congress finds the following: (1) Leandra Wai was a co-founder of the Native Hawaiian-led non-profit Malama Makua, served as its president, and grounded the organization as its cultural practitioner until her passing in 2016. She embodied the cultural healing power of Makua Valley, and was the heart, soul, and spirit of Malama Makua as the organization fought in Federal court to stop live-fire training in the sacred valley. (2) Makua, which means ``parents'' in Hawaiian, is a sacred site, rich in culture and biological resources. (3) Makua Military Reservation (in this section referred to as ``MMR'') contains more than 100 sites eligible for listing on the National Register of Historic Places, including Hawaiian temples, shrines, petroglyphs, and other sacred, cultural, and historic sites. It has heightened cultural significance because of its relationship to other sites. ), as well as native habitat identified as critical to the survival and recovery of these imperiled species. Additionally, training-related fires have burned thousands of acres at MMR. (6) Historically, Makua was considered ```aina momona'', or fertile land, with evidence of extensive agricultural terracing that could have produced substantial amounts of food and provided access to important offshore fisheries. (7) Traditional and customary practices, such as fishing, gathering of plants, and funerary practices, have continued at Makua in different forms to the present. Contaminants are transported to civilian areas beyond MMR's boundaries--to Makua Beach and the ocean--via the air, Makua's streams, overland flow during storm events, and groundwater. (9) The Armed Forces seized Makua for training shortly after the attack on Pearl Harbor, evicting the families who had lived there for generations, bombing their church, and destroying their homes. Nearly eight decades after World War II ended, the Armed Forces still occupy MMR. (10) In addition to seizing Hawaiian trust lands, the Armed Forces condemned kuleana land grants from Native Hawaiian families. (11) MMR lies just across Farrington Highway, a public roadway, from Makua Beach, a public beach where local children play, and local families gather fish and limu to put food on their tables. For more than 23 years, Hawai`i-based military units have consistently and repeatedly been able to achieve readiness to deploy for combat missions without conducting any live-fire training at MMR. (13) The Wai`anae district is home to one of the largest concentrations of Native Hawaiians anywhere, yet approximately one-third of Wai`anae's land is occupied by the Armed Forces. The community has been burdened with multiple threats to health, safety, and the environment, which is reflected in poor health and socioeconomic indicators. 3. (b) Report Required.--Not later than one year following the date of the enactment of this Act, the Secretary, in collaboration with the State of Hawai`i, shall submit a report to the appropriate congressional committees that contains the results of such study. 4. CONVEYANCE OF THE MAKUA MILITARY RESERVATION TO THE STATE OF HAWAI`I. (c) Description of Property.--The exact acreage and legal description of the parcel of property to be conveyed under this Act shall be determined by a survey that is satisfactory to the State of Hawai`i after consultation with the Secretary. 5. MAKUA MILITARY RESERVATION CONVEYANCE, REMEDIATION, AND ENVIRONMENTAL RESTORATION TRUST FUND. (b) Transfer to the Fund.-- (1) Appropriations.--There are authorized to be appropriated to the Fund such sums as may be necessary-- (A) to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation, including any remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620 et seq. ); and (B) to carry out this Act. (2) Investment yield.--There shall be deposited into the Fund any returns yielded from the investment of the sums appropriated to the Fund under paragraph (1) of this subsection. (c) Expenditures From the Fund.--Amounts in the Fund shall be made available pursuant to the terms of the Memorandum of Understanding under subsection (d). 00-00813 SOM-LEK). SEC. 6. DEFINITIONS. (3) The term ``other contaminants'' includes-- (A) improved conventional munitions; (B) munitions waste; (C) medical waste; and (D) other hazardous materials introduced to the Makua Military Reservation by the Secretary of Defense.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This bill may be cited as the ``Leandra Wai Act''. 2. FINDINGS. Congress finds the following: (1) Leandra Wai was a co-founder of the Native Hawaiian-led non-profit Malama Makua, served as its president, and grounded the organization as its cultural practitioner until her passing in 2016. She embodied the cultural healing power of Makua Valley, and was the heart, soul, and spirit of Malama Makua as the organization fought in Federal court to stop live-fire training in the sacred valley. Her leadership still guides Malama Makua. (2) Makua, which means ``parents'' in Hawaiian, is a sacred site, rich in culture and biological resources. (3) Makua Military Reservation (in this section referred to as ``MMR'') contains more than 100 sites eligible for listing on the National Register of Historic Places, including Hawaiian temples, shrines, petroglyphs, and other sacred, cultural, and historic sites. (4) In Native Hawaiian stories and legends, or ``mo`olelo'', Makua is an important place within a much more expansive traditional cultural landscape and network of interrelated sites. It has heightened cultural significance because of its relationship to other sites. (5) Military training-related fires at MMR threaten more than 40 species of animals and plants protected under the Endangered Species Act (Public Law 93-205; 16 U.S.C. ), as well as native habitat identified as critical to the survival and recovery of these imperiled species. Additionally, training-related fires have burned thousands of acres at MMR. (6) Historically, Makua was considered ```aina momona'', or fertile land, with evidence of extensive agricultural terracing that could have produced substantial amounts of food and provided access to important offshore fisheries. (7) Traditional and customary practices, such as fishing, gathering of plants, and funerary practices, have continued at Makua in different forms to the present. (8) Toxins from military training and related activities at MMR, such as prescribed burns, contaminate Makua's air, land, and water. Contaminants are transported to civilian areas beyond MMR's boundaries--to Makua Beach and the ocean--via the air, Makua's streams, overland flow during storm events, and groundwater. (9) The Armed Forces seized Makua for training shortly after the attack on Pearl Harbor, evicting the families who had lived there for generations, bombing their church, and destroying their homes. The Armed Forces promised to return the land to the local families six months after the end of hostilities but broke that promise. Nearly eight decades after World War II ended, the Armed Forces still occupy MMR. (10) In addition to seizing Hawaiian trust lands, the Armed Forces condemned kuleana land grants from Native Hawaiian families. (11) MMR lies just across Farrington Highway, a public roadway, from Makua Beach, a public beach where local children play, and local families gather fish and limu to put food on their tables. (12) The Armed Forces have not conducted live fire training at MMR since June 2004. For more than 23 years, Hawai`i-based military units have consistently and repeatedly been able to achieve readiness to deploy for combat missions without conducting any live-fire training at MMR. (13) The Wai`anae district is home to one of the largest concentrations of Native Hawaiians anywhere, yet approximately one-third of Wai`anae's land is occupied by the Armed Forces. The community has been burdened with multiple threats to health, safety, and the environment, which is reflected in poor health and socioeconomic indicators. 3. (a) Study Required.--The Secretary of Defense shall, in collaboration with the State of Hawai`i, conduct a study to-- (1) map out land hazards including-- (A) unexploded ordnance; and (B) other contaminants; (2) determine an appropriate schedule, consistent with community standards, for the removal of such land hazards; and (3) provide a cost estimate for the land remediation and restoration activities required to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation. (b) Report Required.--Not later than one year following the date of the enactment of this Act, the Secretary, in collaboration with the State of Hawai`i, shall submit a report to the appropriate congressional committees that contains the results of such study. 4. CONVEYANCE OF THE MAKUA MILITARY RESERVATION TO THE STATE OF HAWAI`I. (c) Description of Property.--The exact acreage and legal description of the parcel of property to be conveyed under this Act shall be determined by a survey that is satisfactory to the State of Hawai`i after consultation with the Secretary. (d) Report on Conveyance.--Not later than 180 days after the conveyance under this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on the compliance with the provisions of this Act. 5. MAKUA MILITARY RESERVATION CONVEYANCE, REMEDIATION, AND ENVIRONMENTAL RESTORATION TRUST FUND. (b) Transfer to the Fund.-- (1) Appropriations.--There are authorized to be appropriated to the Fund such sums as may be necessary-- (A) to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation, including any remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620 et seq. ); and (B) to carry out this Act. (2) Investment yield.--There shall be deposited into the Fund any returns yielded from the investment of the sums appropriated to the Fund under paragraph (1) of this subsection. (c) Expenditures From the Fund.--Amounts in the Fund shall be made available pursuant to the terms of the Memorandum of Understanding under subsection (d). 00-00813 SOM-LEK). SEC. 6. DEFINITIONS. 7517); or (B) in section 300314 of title 54, United States Code. (3) The term ``other contaminants'' includes-- (A) improved conventional munitions; (B) munitions waste; (C) medical waste; and (D) other hazardous materials introduced to the Makua Military Reservation by the Secretary of Defense.

To direct the Secretary of Defense to convey the Makua Military Reservation to the State of Hawai`i and establish a trust fund for such conveyance, and for other purposes. 3) Makua Military Reservation (in this section referred to as ``MMR'') contains more than 100 sites eligible for listing on the National Register of Historic Places, including Hawaiian temples, shrines, petroglyphs, and other sacred, cultural, and historic sites. Moreover, continued military occupation of MMR severely limits access by Native Hawaiian cultural practitioners. ( 4) In Native Hawaiian stories and legends, or ``mo`olelo'', Makua is an important place within a much more expansive traditional cultural landscape and network of interrelated sites. (9) The Armed Forces seized Makua for training shortly after the attack on Pearl Harbor, evicting the families who had lived there for generations, bombing their church, and destroying their homes. For more than 23 years, Hawai`i-based military units have consistently and repeatedly been able to achieve readiness to deploy for combat missions without conducting any live-fire training at MMR. ( STUDY OF THE COST TO MAKE THE MAKUA MILITARY RESERVATION SUITABLE FOR HUMAN HABITATION. ( a) Study Required.--The Secretary of Defense shall, in collaboration with the State of Hawai`i, conduct a study to-- (1) map out land hazards including-- (A) unexploded ordnance; and (B) other contaminants; (2) determine an appropriate schedule, consistent with community standards, for the removal of such land hazards; and (3) provide a cost estimate for the land remediation and restoration activities required to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation. ( 9620(h)(3)(A)(ii)(I)), the Secretary shall carry out the conveyance under subsection (a) of this section not later than 180 days after the date of the enactment of this Act. ( b) Transfer to the Fund.-- (1) Appropriations.--There are authorized to be appropriated to the Fund such sums as may be necessary-- (A) to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation, including any remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620 et seq. ); (2) Investment yield.--There shall be deposited into the Fund any returns yielded from the investment of the sums appropriated to the Fund under paragraph (1) of this subsection. ( 2) Consultation.--In carrying out paragraph (1), with respect to the terms and conditions included in the Memorandum of Understanding pursuant to paragraph (1)(C), the Secretary of the Army shall consult with Native Hawaiian organizations. ( In this Act: (1) The term ``appropriate congressional committees'' means the Committees on Armed Services of the Senate and House of Representatives. ( 2) The term ``Native Hawaiian organization'' has the meaning given such term-- (A) in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517); or (B) in section 300314 of title 54, United States Code. (

To direct the Secretary of Defense to convey the Makua Military Reservation to the State of Hawai`i and establish a trust fund for such conveyance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Congress finds the following: (1) Leandra Wai was a co-founder of the Native Hawaiian-led non-profit Malama Makua, served as its president, and grounded the organization as its cultural practitioner until her passing in 2016. 3) Makua Military Reservation (in this section referred to as ``MMR'') contains more than 100 sites eligible for listing on the National Register of Historic Places, including Hawaiian temples, shrines, petroglyphs, and other sacred, cultural, and historic sites. (6) Historically, Makua was considered ```aina momona'', or fertile land, with evidence of extensive agricultural terracing that could have produced substantial amounts of food and provided access to important offshore fisheries. ( 8) Toxins from military training and related activities at MMR, such as prescribed burns, contaminate Makua's air, land, and water. For more than 23 years, Hawai`i-based military units have consistently and repeatedly been able to achieve readiness to deploy for combat missions without conducting any live-fire training at MMR. ( (a) Study Required.--The Secretary of Defense shall, in collaboration with the State of Hawai`i, conduct a study to-- (1) map out land hazards including-- (A) unexploded ordnance; and (B) other contaminants; (2) determine an appropriate schedule, consistent with community standards, for the removal of such land hazards; and (3) provide a cost estimate for the land remediation and restoration activities required to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation. ( b) Report Required.--Not later than one year following the date of the enactment of this Act, the Secretary, in collaboration with the State of Hawai`i, shall submit a report to the appropriate congressional committees that contains the results of such study. (a) Establishment of Trust Fund.--There is established in the Treasury of the United States a trust fund that shall be known as the ``Makua Military Reservation Conveyance, Remediation, and Environmental Restoration Trust Fund'' (in this section referred to as the ``Fund''), consisting of such sums as may be appropriated or credited to the Fund as provided in this section. ( d) Memorandum of Understanding.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers, shall enter into a Memorandum of Understanding with the State of Hawai`i that shall govern-- (A) the study required under section 3(a); (B) the conveyance required under section 4(a); (C) the timing, planning, methodology, and implementation for the removal of-- (i) unexploded ordnance; and (ii) other contaminants; and (D) the use of the sums appropriated to the Fund under subsection (b)(1). ( In this Act: (1) The term ``appropriate congressional committees'' means the Committees on Armed Services of the Senate and House of Representatives. ( 2) The term ``Native Hawaiian organization'' has the meaning given such term-- (A) in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517); or (B) in section 300314 of title 54, United States Code. (

To direct the Secretary of Defense to convey the Makua Military Reservation to the State of Hawai`i and establish a trust fund for such conveyance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Congress finds the following: (1) Leandra Wai was a co-founder of the Native Hawaiian-led non-profit Malama Makua, served as its president, and grounded the organization as its cultural practitioner until her passing in 2016. 3) Makua Military Reservation (in this section referred to as ``MMR'') contains more than 100 sites eligible for listing on the National Register of Historic Places, including Hawaiian temples, shrines, petroglyphs, and other sacred, cultural, and historic sites. (6) Historically, Makua was considered ```aina momona'', or fertile land, with evidence of extensive agricultural terracing that could have produced substantial amounts of food and provided access to important offshore fisheries. ( 8) Toxins from military training and related activities at MMR, such as prescribed burns, contaminate Makua's air, land, and water. For more than 23 years, Hawai`i-based military units have consistently and repeatedly been able to achieve readiness to deploy for combat missions without conducting any live-fire training at MMR. ( (a) Study Required.--The Secretary of Defense shall, in collaboration with the State of Hawai`i, conduct a study to-- (1) map out land hazards including-- (A) unexploded ordnance; and (B) other contaminants; (2) determine an appropriate schedule, consistent with community standards, for the removal of such land hazards; and (3) provide a cost estimate for the land remediation and restoration activities required to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation. ( b) Report Required.--Not later than one year following the date of the enactment of this Act, the Secretary, in collaboration with the State of Hawai`i, shall submit a report to the appropriate congressional committees that contains the results of such study. (a) Establishment of Trust Fund.--There is established in the Treasury of the United States a trust fund that shall be known as the ``Makua Military Reservation Conveyance, Remediation, and Environmental Restoration Trust Fund'' (in this section referred to as the ``Fund''), consisting of such sums as may be appropriated or credited to the Fund as provided in this section. ( d) Memorandum of Understanding.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers, shall enter into a Memorandum of Understanding with the State of Hawai`i that shall govern-- (A) the study required under section 3(a); (B) the conveyance required under section 4(a); (C) the timing, planning, methodology, and implementation for the removal of-- (i) unexploded ordnance; and (ii) other contaminants; and (D) the use of the sums appropriated to the Fund under subsection (b)(1). ( In this Act: (1) The term ``appropriate congressional committees'' means the Committees on Armed Services of the Senate and House of Representatives. ( 2) The term ``Native Hawaiian organization'' has the meaning given such term-- (A) in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517); or (B) in section 300314 of title 54, United States Code. (

To direct the Secretary of Defense to convey the Makua Military Reservation to the State of Hawai`i and establish a trust fund for such conveyance, and for other purposes. 3) Makua Military Reservation (in this section referred to as ``MMR'') contains more than 100 sites eligible for listing on the National Register of Historic Places, including Hawaiian temples, shrines, petroglyphs, and other sacred, cultural, and historic sites. Moreover, continued military occupation of MMR severely limits access by Native Hawaiian cultural practitioners. ( 4) In Native Hawaiian stories and legends, or ``mo`olelo'', Makua is an important place within a much more expansive traditional cultural landscape and network of interrelated sites. (9) The Armed Forces seized Makua for training shortly after the attack on Pearl Harbor, evicting the families who had lived there for generations, bombing their church, and destroying their homes. For more than 23 years, Hawai`i-based military units have consistently and repeatedly been able to achieve readiness to deploy for combat missions without conducting any live-fire training at MMR. ( STUDY OF THE COST TO MAKE THE MAKUA MILITARY RESERVATION SUITABLE FOR HUMAN HABITATION. ( a) Study Required.--The Secretary of Defense shall, in collaboration with the State of Hawai`i, conduct a study to-- (1) map out land hazards including-- (A) unexploded ordnance; and (B) other contaminants; (2) determine an appropriate schedule, consistent with community standards, for the removal of such land hazards; and (3) provide a cost estimate for the land remediation and restoration activities required to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation. ( 9620(h)(3)(A)(ii)(I)), the Secretary shall carry out the conveyance under subsection (a) of this section not later than 180 days after the date of the enactment of this Act. ( b) Transfer to the Fund.-- (1) Appropriations.--There are authorized to be appropriated to the Fund such sums as may be necessary-- (A) to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation, including any remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620 et seq. ); (2) Investment yield.--There shall be deposited into the Fund any returns yielded from the investment of the sums appropriated to the Fund under paragraph (1) of this subsection. ( 2) Consultation.--In carrying out paragraph (1), with respect to the terms and conditions included in the Memorandum of Understanding pursuant to paragraph (1)(C), the Secretary of the Army shall consult with Native Hawaiian organizations. ( In this Act: (1) The term ``appropriate congressional committees'' means the Committees on Armed Services of the Senate and House of Representatives. ( 2) The term ``Native Hawaiian organization'' has the meaning given such term-- (A) in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517); or (B) in section 300314 of title 54, United States Code. (

To direct the Secretary of Defense to convey the Makua Military Reservation to the State of Hawai`i and establish a trust fund for such conveyance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Congress finds the following: (1) Leandra Wai was a co-founder of the Native Hawaiian-led non-profit Malama Makua, served as its president, and grounded the organization as its cultural practitioner until her passing in 2016. 3) Makua Military Reservation (in this section referred to as ``MMR'') contains more than 100 sites eligible for listing on the National Register of Historic Places, including Hawaiian temples, shrines, petroglyphs, and other sacred, cultural, and historic sites. (6) Historically, Makua was considered ```aina momona'', or fertile land, with evidence of extensive agricultural terracing that could have produced substantial amounts of food and provided access to important offshore fisheries. ( 8) Toxins from military training and related activities at MMR, such as prescribed burns, contaminate Makua's air, land, and water. For more than 23 years, Hawai`i-based military units have consistently and repeatedly been able to achieve readiness to deploy for combat missions without conducting any live-fire training at MMR. ( (a) Study Required.--The Secretary of Defense shall, in collaboration with the State of Hawai`i, conduct a study to-- (1) map out land hazards including-- (A) unexploded ordnance; and (B) other contaminants; (2) determine an appropriate schedule, consistent with community standards, for the removal of such land hazards; and (3) provide a cost estimate for the land remediation and restoration activities required to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation. ( b) Report Required.--Not later than one year following the date of the enactment of this Act, the Secretary, in collaboration with the State of Hawai`i, shall submit a report to the appropriate congressional committees that contains the results of such study. (a) Establishment of Trust Fund.--There is established in the Treasury of the United States a trust fund that shall be known as the ``Makua Military Reservation Conveyance, Remediation, and Environmental Restoration Trust Fund'' (in this section referred to as the ``Fund''), consisting of such sums as may be appropriated or credited to the Fund as provided in this section. ( d) Memorandum of Understanding.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers, shall enter into a Memorandum of Understanding with the State of Hawai`i that shall govern-- (A) the study required under section 3(a); (B) the conveyance required under section 4(a); (C) the timing, planning, methodology, and implementation for the removal of-- (i) unexploded ordnance; and (ii) other contaminants; and (D) the use of the sums appropriated to the Fund under subsection (b)(1). ( In this Act: (1) The term ``appropriate congressional committees'' means the Committees on Armed Services of the Senate and House of Representatives. ( 2) The term ``Native Hawaiian organization'' has the meaning given such term-- (A) in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517); or (B) in section 300314 of title 54, United States Code. (

To direct the Secretary of Defense to convey the Makua Military Reservation to the State of Hawai`i and establish a trust fund for such conveyance, and for other purposes. 3) Makua Military Reservation (in this section referred to as ``MMR'') contains more than 100 sites eligible for listing on the National Register of Historic Places, including Hawaiian temples, shrines, petroglyphs, and other sacred, cultural, and historic sites. Moreover, continued military occupation of MMR severely limits access by Native Hawaiian cultural practitioners. ( 4) In Native Hawaiian stories and legends, or ``mo`olelo'', Makua is an important place within a much more expansive traditional cultural landscape and network of interrelated sites. (9) The Armed Forces seized Makua for training shortly after the attack on Pearl Harbor, evicting the families who had lived there for generations, bombing their church, and destroying their homes. For more than 23 years, Hawai`i-based military units have consistently and repeatedly been able to achieve readiness to deploy for combat missions without conducting any live-fire training at MMR. ( STUDY OF THE COST TO MAKE THE MAKUA MILITARY RESERVATION SUITABLE FOR HUMAN HABITATION. ( a) Study Required.--The Secretary of Defense shall, in collaboration with the State of Hawai`i, conduct a study to-- (1) map out land hazards including-- (A) unexploded ordnance; and (B) other contaminants; (2) determine an appropriate schedule, consistent with community standards, for the removal of such land hazards; and (3) provide a cost estimate for the land remediation and restoration activities required to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation. ( 9620(h)(3)(A)(ii)(I)), the Secretary shall carry out the conveyance under subsection (a) of this section not later than 180 days after the date of the enactment of this Act. ( b) Transfer to the Fund.-- (1) Appropriations.--There are authorized to be appropriated to the Fund such sums as may be necessary-- (A) to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation, including any remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620 et seq. ); (2) Investment yield.--There shall be deposited into the Fund any returns yielded from the investment of the sums appropriated to the Fund under paragraph (1) of this subsection. ( 2) Consultation.--In carrying out paragraph (1), with respect to the terms and conditions included in the Memorandum of Understanding pursuant to paragraph (1)(C), the Secretary of the Army shall consult with Native Hawaiian organizations. ( In this Act: (1) The term ``appropriate congressional committees'' means the Committees on Armed Services of the Senate and House of Representatives. ( 2) The term ``Native Hawaiian organization'' has the meaning given such term-- (A) in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517); or (B) in section 300314 of title 54, United States Code. (

To direct the Secretary of Defense to convey the Makua Military Reservation to the State of Hawai`i and establish a trust fund for such conveyance, and for other purposes. a) Study Required.--The Secretary of Defense shall, in collaboration with the State of Hawai`i, conduct a study to-- (1) map out land hazards including-- (A) unexploded ordnance; and (B) other contaminants; (2) determine an appropriate schedule, consistent with community standards, for the removal of such land hazards; and (3) provide a cost estimate for the land remediation and restoration activities required to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation. ( (a) Establishment of Trust Fund.--There is established in the Treasury of the United States a trust fund that shall be known as the ``Makua Military Reservation Conveyance, Remediation, and Environmental Restoration Trust Fund'' (in this section referred to as the ``Fund''), consisting of such sums as may be appropriated or credited to the Fund as provided in this section. ( 2) The term ``Native Hawaiian organization'' has the meaning given such term-- (A) in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517); or (B) in section 300314 of title 54, United States Code. (

To direct the Secretary of Defense to convey the Makua Military Reservation to the State of Hawai`i and establish a trust fund for such conveyance, and for other purposes. 3) Makua Military Reservation (in this section referred to as ``MMR'') contains more than 100 sites eligible for listing on the National Register of Historic Places, including Hawaiian temples, shrines, petroglyphs, and other sacred, cultural, and historic sites. Moreover, continued military occupation of MMR severely limits access by Native Hawaiian cultural practitioners. ( 4) In Native Hawaiian stories and legends, or ``mo`olelo'', Makua is an important place within a much more expansive traditional cultural landscape and network of interrelated sites. (9) The Armed Forces seized Makua for training shortly after the attack on Pearl Harbor, evicting the families who had lived there for generations, bombing their church, and destroying their homes. For more than 23 years, Hawai`i-based military units have consistently and repeatedly been able to achieve readiness to deploy for combat missions without conducting any live-fire training at MMR. ( STUDY OF THE COST TO MAKE THE MAKUA MILITARY RESERVATION SUITABLE FOR HUMAN HABITATION. ( a) Study Required.--The Secretary of Defense shall, in collaboration with the State of Hawai`i, conduct a study to-- (1) map out land hazards including-- (A) unexploded ordnance; and (B) other contaminants; (2) determine an appropriate schedule, consistent with community standards, for the removal of such land hazards; and (3) provide a cost estimate for the land remediation and restoration activities required to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation. ( 9620(h)(3)(A)(ii)(I)), the Secretary shall carry out the conveyance under subsection (a) of this section not later than 180 days after the date of the enactment of this Act. ( b) Transfer to the Fund.-- (1) Appropriations.--There are authorized to be appropriated to the Fund such sums as may be necessary-- (A) to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation, including any remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620 et seq. ); (2) Investment yield.--There shall be deposited into the Fund any returns yielded from the investment of the sums appropriated to the Fund under paragraph (1) of this subsection. ( 2) Consultation.--In carrying out paragraph (1), with respect to the terms and conditions included in the Memorandum of Understanding pursuant to paragraph (1)(C), the Secretary of the Army shall consult with Native Hawaiian organizations. ( In this Act: (1) The term ``appropriate congressional committees'' means the Committees on Armed Services of the Senate and House of Representatives. ( 2) The term ``Native Hawaiian organization'' has the meaning given such term-- (A) in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517); or (B) in section 300314 of title 54, United States Code. (

To direct the Secretary of Defense to convey the Makua Military Reservation to the State of Hawai`i and establish a trust fund for such conveyance, and for other purposes. a) Study Required.--The Secretary of Defense shall, in collaboration with the State of Hawai`i, conduct a study to-- (1) map out land hazards including-- (A) unexploded ordnance; and (B) other contaminants; (2) determine an appropriate schedule, consistent with community standards, for the removal of such land hazards; and (3) provide a cost estimate for the land remediation and restoration activities required to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation. ( (a) Establishment of Trust Fund.--There is established in the Treasury of the United States a trust fund that shall be known as the ``Makua Military Reservation Conveyance, Remediation, and Environmental Restoration Trust Fund'' (in this section referred to as the ``Fund''), consisting of such sums as may be appropriated or credited to the Fund as provided in this section. ( 2) The term ``Native Hawaiian organization'' has the meaning given such term-- (A) in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517); or (B) in section 300314 of title 54, United States Code. (

To direct the Secretary of Defense to convey the Makua Military Reservation to the State of Hawai`i and establish a trust fund for such conveyance, and for other purposes. 3) Makua Military Reservation (in this section referred to as ``MMR'') contains more than 100 sites eligible for listing on the National Register of Historic Places, including Hawaiian temples, shrines, petroglyphs, and other sacred, cultural, and historic sites. ( a) Study Required.--The Secretary of Defense shall, in collaboration with the State of Hawai`i, conduct a study to-- (1) map out land hazards including-- (A) unexploded ordnance; and (B) other contaminants; (2) determine an appropriate schedule, consistent with community standards, for the removal of such land hazards; and (3) provide a cost estimate for the land remediation and restoration activities required to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation. ( 9620(h)(3)(A)(ii)(I)), the Secretary shall carry out the conveyance under subsection (a) of this section not later than 180 days after the date of the enactment of this Act. ( ( In this Act: (1) The term ``appropriate congressional committees'' means the Committees on Armed Services of the Senate and House of Representatives. ( 2) The term ``Native Hawaiian organization'' has the meaning given such term-- (A) in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517); or (B) in section 300314 of title 54, United States Code. (

Leandra Wai Act This bill directs the Department of Defense (DOD) to convey the Makua Military Reservation (MMR) to the State of Hawai'i and establish a trust fund for such conveyance, and for other purposes. DOD must study and report to Congress on: (1) the health, environmental, and socioeconomic impacts of military occupation of the MMR; Establishes in the Treasury the Makua Military Reservation Conveyance, Remediation, and Environmental Restoration Trust Fund. Directs the Secretary of the Army, acting through the Chief of Engineers, to enter into a Memorandum of Understanding with the State of Hawai'i that shall govern: (1) the study required under this Act; (2) the conveyance required

S.580

Housing and Community Development

Affordable Housing Redevelopment Act This bill reauthorizes the Neighborhood Stabilization Program for FY2021 to provide grants to states, local governments, and nonprofit entities for the conversion of blighted, abandoned, or foreclosed property into affordable housing for low-income families.

To reauthorize the Neighborhood Stabilization 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 ``Affordable Housing Redevelopment Act''. SEC. 2. FINDINGS. Congress finds that-- (1) even before the economic hardship caused by the COVID- 19 pandemic, the United States faced a shortage of more than 7,000,000 affordable rental homes to meet the needs of extremely low-income renters; (2) due to financial burdens and loss of income resulting from the pandemic, millions of people in the United States are at risk of eviction or foreclosure, and the need for affordable housing is expected to increase dramatically; (3) homelessness is projected to rise by as much as 45 percent across the United States as a result of the pandemic and economic crisis, meaning nearly 1,000,000 people in the United States could be experiencing homelessness in the very near future; (4) in addition to making long-term investments in the affordable housing stock in the United States, it is also critically important to focus resources on more immediate solutions, such as acquiring and rehabilitating existing buildings and placing affordability requirements on the housing that is produced; (5) acquisition and rehabilitation provides two distinct advantages by lowering per-unit construction costs and making affordable housing units available to low-income households much faster; (6) in addition to rehabilitation of residential properties, there are opportunities for adaptive reuse and the conversion of non-residential office and retail properties to create new affordable housing in communities across the United States; and (7) helping States, local governments, and nonprofit organizations acquire blighted, abandoned, vacant, foreclosed, or surplus properties and convert them into affordable housing will allow for the rapid development of new affordable units, while stimulating local economies and creating jobs. SEC. 3. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 4. REAUTHORIZATION OF NEIGHBORHOOD STABILIZATION PROGRAM. (a) Authorization of Funds.-- (1) In general.--There is authorized to be appropriated to the Secretary $1,500,000,000 for fiscal year 2021, to remain available until expended, for the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. (2) Applicability of provisions.-- (A) In general.--Except as otherwise provided in this section, the provisions under the second undesignated paragraph under the heading ``community development fund'' under the heading ``Community Planning and Development'' under the heading ``DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'' in title XII of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) relating to assistance authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289) shall apply with respect to the emergency assistance authorized under paragraph (1). (B) Certain criteria not applicable.--The fourth proviso in the second undesignated paragraph described in subparagraph (A) of this paragraph (relating to grantees in areas with foreclosures and the ability to expend funding within a certain period) shall not apply with respect to the emergency assistance authorized under paragraph (1) of this subsection. (b) Grants; Application.-- (1) In general.--The Secretary shall award grants under this section to eligible entities through a competitive process. (2) Criteria.--Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. (3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. (4) Preference.--The Secretary shall award preference to an application for a grant under this section to applicants that submit proposals-- (A) to provide assistance in areas with high levels of cost-burdened households; (B) to provide assistance in rural areas; (C) to provide assistance in communities that have adopted local land-use policies, building codes, or related regulations that favor greater housing production, such as-- (i) allowing greater density near public transportation lines; (ii) establishing by-right development; (iii) eliminating off-street parking requirements; (iv) granting density bonuses; (v) employing inclusionary zoning; (vi) relaxing minimum lot sizes; (vii) authorizing conversion of commercial properties into mixed-use and residential properties; or (viii) other local land-use policies, building codes, or related regulations that favor greater housing production; (D) to provide assistance in areas that are in close proximity to high-frequency public transportation; or (E) that have a higher proportion of affordable units for households with incomes that are less than 50 percent of the area median income. (5) Diversity.--In awarding grants under this section, the Secretary shall ensure a geographic diversity of grantees from across the United States. (c) Use of Funds.-- (1) In general.--A recipient of a grant under this section-- (A) shall use grant funds to purchase blighted, abandoned, vacant, foreclosed, or surplus property and convert the property into affordable housing, which shall serve individuals and families with a household income that does not exceed the area median income; (B) may use grant funds for mixed-use development projects, conversion of non-residential office and retail properties, and other redevelopment requiring changes to land use restrictions; and (C) shall, to the maximum extent feasible-- (i) provide for the hiring of employees who reside in the vicinity, as such term is defined by the Secretary, of projects funded under this section; or (ii) contract with small business concerns 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))) residing in the vicinity of projects funded under this section. (2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. (B) Longer periods permitted.--Nothing in subparagraph (A) shall be construed to prohibit a recipient of a grant under this section from establishing a longer affordability period than is required under that subparagraph. (4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. (d) Technical Assistance.-- (1) In general.--The Secretary may use not more than 2 percent of the funds made available under this section to provide technical assistance to grantees under this section. (2) Sense of congress.--It is the sense of Congress that, to the extent practicable, the Secretary shall provide technical assistance directly to grantees under this section. (e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. (f) Existing Regulations.--Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289) and subsequent Acts, as in effect on the day before the date of enactment of this Act, shall apply to the provision of assistance under this Act. <all>

Affordable Housing Redevelopment Act

A bill to reauthorize the Neighborhood Stabilization Program, and for other purposes.

Affordable Housing Redevelopment Act

Sen. Feinstein, Dianne

D

CA

This bill reauthorizes the Neighborhood Stabilization Program for FY2021 to provide grants to states, local governments, and nonprofit entities for the conversion of blighted, abandoned, or foreclosed property into affordable housing for low-income families.

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 ``Affordable Housing Redevelopment Act''. 2. 3. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 4. REAUTHORIZATION OF NEIGHBORHOOD STABILIZATION PROGRAM. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. (b) Grants; Application.-- (1) In general.--The Secretary shall award grants under this section to eligible entities through a competitive process. (2) Criteria.--Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. 637(d)(3)(C))) residing in the vicinity of projects funded under this section. (2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (B) Longer periods permitted.--Nothing in subparagraph (A) shall be construed to prohibit a recipient of a grant under this section from establishing a longer affordability period than is required under that subparagraph. (d) Technical Assistance.-- (1) In general.--The Secretary may use not more than 2 percent of the funds made available under this section to provide technical assistance to grantees under this section. (f) Existing Regulations.--Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (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. This Act may be cited as the ``Affordable Housing Redevelopment Act''. 2. 3. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 4. REAUTHORIZATION OF NEIGHBORHOOD STABILIZATION PROGRAM. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. (b) Grants; Application.-- (1) In general.--The Secretary shall award grants under this section to eligible entities through a competitive process. (2) Criteria.--Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. 637(d)(3)(C))) residing in the vicinity of projects funded under this section. (2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (B) Longer periods permitted.--Nothing in subparagraph (A) shall be construed to prohibit a recipient of a grant under this section from establishing a longer affordability period than is required under that subparagraph. (d) Technical Assistance.-- (1) In general.--The Secretary may use not more than 2 percent of the funds made available under this section to provide technical assistance to grantees under this section. (f) Existing Regulations.--Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (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. This Act may be cited as the ``Affordable Housing Redevelopment Act''. 2. FINDINGS. Congress finds that-- (1) even before the economic hardship caused by the COVID- 19 pandemic, the United States faced a shortage of more than 7,000,000 affordable rental homes to meet the needs of extremely low-income renters; (2) due to financial burdens and loss of income resulting from the pandemic, millions of people in the United States are at risk of eviction or foreclosure, and the need for affordable housing is expected to increase dramatically; (3) homelessness is projected to rise by as much as 45 percent across the United States as a result of the pandemic and economic crisis, meaning nearly 1,000,000 people in the United States could be experiencing homelessness in the very near future; (4) in addition to making long-term investments in the affordable housing stock in the United States, it is also critically important to focus resources on more immediate solutions, such as acquiring and rehabilitating existing buildings and placing affordability requirements on the housing that is produced; (5) acquisition and rehabilitation provides two distinct advantages by lowering per-unit construction costs and making affordable housing units available to low-income households much faster; (6) in addition to rehabilitation of residential properties, there are opportunities for adaptive reuse and the conversion of non-residential office and retail properties to create new affordable housing in communities across the United States; and (7) helping States, local governments, and nonprofit organizations acquire blighted, abandoned, vacant, foreclosed, or surplus properties and convert them into affordable housing will allow for the rapid development of new affordable units, while stimulating local economies and creating jobs. 3. DEFINITIONS. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 4. REAUTHORIZATION OF NEIGHBORHOOD STABILIZATION PROGRAM. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. (b) Grants; Application.-- (1) In general.--The Secretary shall award grants under this section to eligible entities through a competitive process. (2) Criteria.--Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. 637(d)(3)(C))) residing in the vicinity of projects funded under this section. (2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. (B) Longer periods permitted.--Nothing in subparagraph (A) shall be construed to prohibit a recipient of a grant under this section from establishing a longer affordability period than is required under that subparagraph. (d) Technical Assistance.-- (1) In general.--The Secretary may use not more than 2 percent of the funds made available under this section to provide technical assistance to grantees under this section. (f) Existing Regulations.--Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (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 ``Affordable Housing Redevelopment Act''. 2. FINDINGS. Congress finds that-- (1) even before the economic hardship caused by the COVID- 19 pandemic, the United States faced a shortage of more than 7,000,000 affordable rental homes to meet the needs of extremely low-income renters; (2) due to financial burdens and loss of income resulting from the pandemic, millions of people in the United States are at risk of eviction or foreclosure, and the need for affordable housing is expected to increase dramatically; (3) homelessness is projected to rise by as much as 45 percent across the United States as a result of the pandemic and economic crisis, meaning nearly 1,000,000 people in the United States could be experiencing homelessness in the very near future; (4) in addition to making long-term investments in the affordable housing stock in the United States, it is also critically important to focus resources on more immediate solutions, such as acquiring and rehabilitating existing buildings and placing affordability requirements on the housing that is produced; (5) acquisition and rehabilitation provides two distinct advantages by lowering per-unit construction costs and making affordable housing units available to low-income households much faster; (6) in addition to rehabilitation of residential properties, there are opportunities for adaptive reuse and the conversion of non-residential office and retail properties to create new affordable housing in communities across the United States; and (7) helping States, local governments, and nonprofit organizations acquire blighted, abandoned, vacant, foreclosed, or surplus properties and convert them into affordable housing will allow for the rapid development of new affordable units, while stimulating local economies and creating jobs. 3. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 4. REAUTHORIZATION OF NEIGHBORHOOD STABILIZATION PROGRAM. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. (B) Certain criteria not applicable.--The fourth proviso in the second undesignated paragraph described in subparagraph (A) of this paragraph (relating to grantees in areas with foreclosures and the ability to expend funding within a certain period) shall not apply with respect to the emergency assistance authorized under paragraph (1) of this subsection. (b) Grants; Application.-- (1) In general.--The Secretary shall award grants under this section to eligible entities through a competitive process. (2) Criteria.--Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. (4) Preference.--The Secretary shall award preference to an application for a grant under this section to applicants that submit proposals-- (A) to provide assistance in areas with high levels of cost-burdened households; (B) to provide assistance in rural areas; (C) to provide assistance in communities that have adopted local land-use policies, building codes, or related regulations that favor greater housing production, such as-- (i) allowing greater density near public transportation lines; (ii) establishing by-right development; (iii) eliminating off-street parking requirements; (iv) granting density bonuses; (v) employing inclusionary zoning; (vi) relaxing minimum lot sizes; (vii) authorizing conversion of commercial properties into mixed-use and residential properties; or (viii) other local land-use policies, building codes, or related regulations that favor greater housing production; (D) to provide assistance in areas that are in close proximity to high-frequency public transportation; or (E) that have a higher proportion of affordable units for households with incomes that are less than 50 percent of the area median income. (5) Diversity.--In awarding grants under this section, the Secretary shall ensure a geographic diversity of grantees from across the United States. 637(d)(3)(C))) residing in the vicinity of projects funded under this section. (2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. (B) Longer periods permitted.--Nothing in subparagraph (A) shall be construed to prohibit a recipient of a grant under this section from establishing a longer affordability period than is required under that subparagraph. (d) Technical Assistance.-- (1) In general.--The Secretary may use not more than 2 percent of the funds made available under this section to provide technical assistance to grantees under this section. (f) Existing Regulations.--Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C.

To reauthorize the Neighborhood Stabilization 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) Eligible entity.--The term ``eligible entity'' means-- (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. ( 2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. B) Certain criteria not applicable.--The fourth proviso in the second undesignated paragraph described in subparagraph (A) of this paragraph (relating to grantees in areas with foreclosures and the ability to expend funding within a certain period) shall not apply with respect to the emergency assistance authorized under paragraph (1) of this subsection. ( b) Grants; Application.-- (1) In general.--The Secretary shall award grants under this section to eligible entities through a competitive process. ( (3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. ( (5) Diversity.--In awarding grants under this section, the Secretary shall ensure a geographic diversity of grantees from across the United States. ( 2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. ( 4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. ( (e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. ( f) Existing Regulations.--Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289) and subsequent Acts, as in effect on the day before the date of enactment of this Act, shall apply to the provision of assistance under this Act.

To reauthorize the Neighborhood Stabilization 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) Eligible entity.--The term ``eligible entity'' means-- (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. ( a) Authorization of Funds.-- (1) In general.--There is authorized to be appropriated to the Secretary $1,500,000,000 for fiscal year 2021, to remain available until expended, for the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. ( (2) Criteria.--Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. ( 3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. ( 2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. ( 3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. ( (4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. ( e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. (

To reauthorize the Neighborhood Stabilization 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) Eligible entity.--The term ``eligible entity'' means-- (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. ( a) Authorization of Funds.-- (1) In general.--There is authorized to be appropriated to the Secretary $1,500,000,000 for fiscal year 2021, to remain available until expended, for the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. ( (2) Criteria.--Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. ( 3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. ( 2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. ( 3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. ( (4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. ( e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. (

To reauthorize the Neighborhood Stabilization 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) Eligible entity.--The term ``eligible entity'' means-- (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. ( 2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. B) Certain criteria not applicable.--The fourth proviso in the second undesignated paragraph described in subparagraph (A) of this paragraph (relating to grantees in areas with foreclosures and the ability to expend funding within a certain period) shall not apply with respect to the emergency assistance authorized under paragraph (1) of this subsection. ( b) Grants; Application.-- (1) In general.--The Secretary shall award grants under this section to eligible entities through a competitive process. ( (3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. ( (5) Diversity.--In awarding grants under this section, the Secretary shall ensure a geographic diversity of grantees from across the United States. ( 2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. ( 4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. ( (e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. ( f) Existing Regulations.--Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289) and subsequent Acts, as in effect on the day before the date of enactment of this Act, shall apply to the provision of assistance under this Act.

To reauthorize the Neighborhood Stabilization 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) Eligible entity.--The term ``eligible entity'' means-- (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. ( a) Authorization of Funds.-- (1) In general.--There is authorized to be appropriated to the Secretary $1,500,000,000 for fiscal year 2021, to remain available until expended, for the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. ( (2) Criteria.--Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. ( 3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. ( 2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. ( 3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. ( (4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. ( e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. (

To reauthorize the Neighborhood Stabilization 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) Eligible entity.--The term ``eligible entity'' means-- (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. ( 2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. B) Certain criteria not applicable.--The fourth proviso in the second undesignated paragraph described in subparagraph (A) of this paragraph (relating to grantees in areas with foreclosures and the ability to expend funding within a certain period) shall not apply with respect to the emergency assistance authorized under paragraph (1) of this subsection. ( b) Grants; Application.-- (1) In general.--The Secretary shall award grants under this section to eligible entities through a competitive process. ( (3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. ( (5) Diversity.--In awarding grants under this section, the Secretary shall ensure a geographic diversity of grantees from across the United States. ( 2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. ( 4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. ( (e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. ( f) Existing Regulations.--Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289) and subsequent Acts, as in effect on the day before the date of enactment of this Act, shall apply to the provision of assistance under this Act.

To reauthorize the Neighborhood Stabilization Program, and for other purposes. a) Authorization of Funds.-- (1) In general.--There is authorized to be appropriated to the Secretary $1,500,000,000 for fiscal year 2021, to remain available until expended, for the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. ( ( ( 3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. ( ( 4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. (

To reauthorize the Neighborhood Stabilization Program, and for other purposes. B) Certain criteria not applicable.--The fourth proviso in the second undesignated paragraph described in subparagraph (A) of this paragraph (relating to grantees in areas with foreclosures and the ability to expend funding within a certain period) shall not apply with respect to the emergency assistance authorized under paragraph (1) of this subsection. ( ( (3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. ( ( 5) Diversity.--In awarding grants under this section, the Secretary shall ensure a geographic diversity of grantees from across the United States. ( ( 4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. ( ( e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. (

To reauthorize the Neighborhood Stabilization Program, and for other purposes. a) Authorization of Funds.-- (1) In general.--There is authorized to be appropriated to the Secretary $1,500,000,000 for fiscal year 2021, to remain available until expended, for the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. ( ( ( 3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. ( ( 4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. (

To reauthorize the Neighborhood Stabilization Program, and for other purposes. B) Certain criteria not applicable.--The fourth proviso in the second undesignated paragraph described in subparagraph (A) of this paragraph (relating to grantees in areas with foreclosures and the ability to expend funding within a certain period) shall not apply with respect to the emergency assistance authorized under paragraph (1) of this subsection. ( ( (3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. ( ( 5) Diversity.--In awarding grants under this section, the Secretary shall ensure a geographic diversity of grantees from across the United States. ( ( 4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. ( ( e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. (

Affordable Housing Redevelopment Act - Authorizes appropriations for FY 2021 for the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, in addition to other related uses of funds authorized under this Act. Authorizes the Secretary of Housing and Urban Development (HUD) to reauthorize the Neighborhood Stabilization Program. Requires the Secretary to: Directs the Secretary of Housing and Urban Development (HUD) to use grant funds to purchase blighted, abandoned, vacant, foreclosed, or surplus property and convert the property into affordable housing, which shall serve individuals and families with a household income that does not exceed 50% of the area median income. (Sec. 3) Sets aside 25% of such housing for extremely low-

H.R.1501

Housing and Community Development

Affordable Housing Redevelopment Act This bill reauthorizes the Neighborhood Stabilization Program for FY2021 to provide grants to states, local governments, and nonprofit entities for the conversion of blighted, abandoned, or foreclosed property into affordable housing for low-income families.

To reauthorize the Neighborhood Stabilization 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 ``Affordable Housing Redevelopment Act''. SEC. 2. FINDINGS. Congress finds that-- (1) even before the economic hardship caused by the COVID- 19 pandemic, the United States faced a shortage of more than 7,000,000 affordable rental homes to meet the needs of extremely low-income renters; (2) due to financial burdens and loss of income resulting from the pandemic, millions of people in the United States are at risk of eviction or foreclosure, and the need for affordable housing is expected to increase dramatically; (3) homelessness is projected to rise by as much as 45 percent across the United States as a result of the pandemic and economic crisis, meaning nearly 1,000,000 people in the United States could be experiencing homelessness in the very near future; (4) in addition to making long-term investments in the affordable housing stock in the United States, it is also critically important to focus resources on more immediate solutions, such as acquiring and rehabilitating existing buildings and placing affordability requirements on the housing that is produced; (5) acquisition and rehabilitation provides two distinct advantages by lowering per-unit construction costs and making affordable housing units available to low-income households much faster; (6) in addition to rehabilitation of residential properties, there are opportunities for adaptive reuse and the conversion of non-residential office and retail properties to create new affordable housing in communities across the United States; and (7) helping States, local governments, and nonprofit organizations acquire blighted, abandoned, vacant, foreclosed, or surplus properties and convert them into affordable housing will allow for the rapid development of new affordable units, while stimulating local economies and creating jobs. SEC. 3. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 4. REAUTHORIZATION OF NEIGHBORHOOD STABILIZATION PROGRAM. (a) Authorization of Funds.-- (1) In general.--There is authorized to be appropriated to the Secretary $1,500,000,000 for fiscal year 2021, to remain available until expended, for the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. (2) Applicability of provisions.-- (A) In general.--Except as otherwise provided in this section, the provisions under the second undesignated paragraph under the heading ``community development fund'' under the heading ``Community Planning and Development'' under the heading ``DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'' in title XII of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) relating to assistance authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289) shall apply with respect to the emergency assistance authorized under paragraph (1). (B) Certain criteria not applicable.--The fourth proviso in the second undesignated paragraph described in subparagraph (A) of this paragraph (relating to grantees in areas with foreclosures and the ability to expend funding within a certain period) shall not apply with respect to the emergency assistance authorized under paragraph (1) of this subsection. (b) Grants; Application.-- (1) In general.--The Secretary shall award grants under this section to eligible entities through a competitive process. (2) Criteria.--Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. (3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. (4) Preference.--The Secretary shall award preference to an application for a grant under this section to applicants that submit proposals-- (A) to provide assistance in areas with high levels of cost-burdened households; (B) to provide assistance in rural areas; (C) to provide assistance in communities that have adopted local land-use policies, building codes, or related regulations that favor greater housing production, such as-- (i) allowing greater density near public transportation lines; (ii) establishing by-right development; (iii) eliminating off-street parking requirements; (iv) granting density bonuses; (v) employing inclusionary zoning; (vi) relaxing minimum lot sizes; (vii) authorizing conversion of commercial properties into mixed-use and residential properties; or (viii) other local land-use policies, building codes, or related regulations that favor greater housing production; (D) to provide assistance in areas that are in close proximity to high-frequency public transportation; or (E) that have a higher proportion of affordable units for households with incomes that are less than 50 percent of the area median income. (5) Diversity.--In awarding grants under this section, the Secretary shall ensure a geographic diversity of grantees from across the United States. (c) Use of Funds.-- (1) In general.--A recipient of a grant under this section-- (A) shall use grant funds to purchase blighted, abandoned, vacant, foreclosed, or surplus property and convert the property into affordable housing, which shall serve individuals and families with a household income that does not exceed the area median income; (B) may use grant funds for mixed-use development projects, conversion of non-residential office and retail properties, and other redevelopment requiring changes to land use restrictions; and (C) shall, to the maximum extent feasible-- (i) provide for the hiring of employees who reside in the vicinity, as such term is defined by the Secretary, of projects funded under this section; or (ii) contract with small business concerns 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)) residing in the vicinity of projects funded under this section. (2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. (B) Longer periods permitted.--Nothing in subparagraph (A) shall be construed to prohibit a recipient of a grant under this section from establishing a longer affordability period than is required under that subparagraph. (4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. (d) Technical Assistance.-- (1) In general.--The Secretary may use not more than 2 percent of the funds made available under this section to provide technical assistance to grantees under this section. (2) Sense of congress.--It is the sense of Congress that, to the extent practicable, the Secretary shall provide technical assistance directly to grantees under this section. (e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. (f) Existing Regulations.--Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289) and subsequent Acts, as in effect on the day before the date of enactment of this Act, shall apply to the provision of assistance under this Act. <all>

Affordable Housing Redevelopment Act

To reauthorize the Neighborhood Stabilization Program, and for other purposes.

Affordable Housing Redevelopment Act

Rep. Huffman, Jared

D

CA

This bill reauthorizes the Neighborhood Stabilization Program for FY2021 to provide grants to states, local governments, and nonprofit entities for the conversion of blighted, abandoned, or foreclosed property into affordable housing for low-income families.

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 ``Affordable Housing Redevelopment Act''. 2. 3. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 4. REAUTHORIZATION OF NEIGHBORHOOD STABILIZATION PROGRAM. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. (b) Grants; Application.-- (1) In general.--The Secretary shall award grants under this section to eligible entities through a competitive process. (2) Criteria.--Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. 637(d)(3)(C)) residing in the vicinity of projects funded under this section. (2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (B) Longer periods permitted.--Nothing in subparagraph (A) shall be construed to prohibit a recipient of a grant under this section from establishing a longer affordability period than is required under that subparagraph. (d) Technical Assistance.-- (1) In general.--The Secretary may use not more than 2 percent of the funds made available under this section to provide technical assistance to grantees under this section. (f) Existing Regulations.--Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (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. This Act may be cited as the ``Affordable Housing Redevelopment Act''. 2. 3. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 4. REAUTHORIZATION OF NEIGHBORHOOD STABILIZATION PROGRAM. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. (b) Grants; Application.-- (1) In general.--The Secretary shall award grants under this section to eligible entities through a competitive process. (2) Criteria.--Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. 637(d)(3)(C)) residing in the vicinity of projects funded under this section. (2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (B) Longer periods permitted.--Nothing in subparagraph (A) shall be construed to prohibit a recipient of a grant under this section from establishing a longer affordability period than is required under that subparagraph. (d) Technical Assistance.-- (1) In general.--The Secretary may use not more than 2 percent of the funds made available under this section to provide technical assistance to grantees under this section. (f) Existing Regulations.--Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (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. This Act may be cited as the ``Affordable Housing Redevelopment Act''. 2. FINDINGS. Congress finds that-- (1) even before the economic hardship caused by the COVID- 19 pandemic, the United States faced a shortage of more than 7,000,000 affordable rental homes to meet the needs of extremely low-income renters; (2) due to financial burdens and loss of income resulting from the pandemic, millions of people in the United States are at risk of eviction or foreclosure, and the need for affordable housing is expected to increase dramatically; (3) homelessness is projected to rise by as much as 45 percent across the United States as a result of the pandemic and economic crisis, meaning nearly 1,000,000 people in the United States could be experiencing homelessness in the very near future; (4) in addition to making long-term investments in the affordable housing stock in the United States, it is also critically important to focus resources on more immediate solutions, such as acquiring and rehabilitating existing buildings and placing affordability requirements on the housing that is produced; (5) acquisition and rehabilitation provides two distinct advantages by lowering per-unit construction costs and making affordable housing units available to low-income households much faster; (6) in addition to rehabilitation of residential properties, there are opportunities for adaptive reuse and the conversion of non-residential office and retail properties to create new affordable housing in communities across the United States; and (7) helping States, local governments, and nonprofit organizations acquire blighted, abandoned, vacant, foreclosed, or surplus properties and convert them into affordable housing will allow for the rapid development of new affordable units, while stimulating local economies and creating jobs. 3. DEFINITIONS. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 4. REAUTHORIZATION OF NEIGHBORHOOD STABILIZATION PROGRAM. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. (b) Grants; Application.-- (1) In general.--The Secretary shall award grants under this section to eligible entities through a competitive process. (2) Criteria.--Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. 637(d)(3)(C)) residing in the vicinity of projects funded under this section. (2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. (B) Longer periods permitted.--Nothing in subparagraph (A) shall be construed to prohibit a recipient of a grant under this section from establishing a longer affordability period than is required under that subparagraph. (d) Technical Assistance.-- (1) In general.--The Secretary may use not more than 2 percent of the funds made available under this section to provide technical assistance to grantees under this section. (f) Existing Regulations.--Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (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 ``Affordable Housing Redevelopment Act''. 2. FINDINGS. Congress finds that-- (1) even before the economic hardship caused by the COVID- 19 pandemic, the United States faced a shortage of more than 7,000,000 affordable rental homes to meet the needs of extremely low-income renters; (2) due to financial burdens and loss of income resulting from the pandemic, millions of people in the United States are at risk of eviction or foreclosure, and the need for affordable housing is expected to increase dramatically; (3) homelessness is projected to rise by as much as 45 percent across the United States as a result of the pandemic and economic crisis, meaning nearly 1,000,000 people in the United States could be experiencing homelessness in the very near future; (4) in addition to making long-term investments in the affordable housing stock in the United States, it is also critically important to focus resources on more immediate solutions, such as acquiring and rehabilitating existing buildings and placing affordability requirements on the housing that is produced; (5) acquisition and rehabilitation provides two distinct advantages by lowering per-unit construction costs and making affordable housing units available to low-income households much faster; (6) in addition to rehabilitation of residential properties, there are opportunities for adaptive reuse and the conversion of non-residential office and retail properties to create new affordable housing in communities across the United States; and (7) helping States, local governments, and nonprofit organizations acquire blighted, abandoned, vacant, foreclosed, or surplus properties and convert them into affordable housing will allow for the rapid development of new affordable units, while stimulating local economies and creating jobs. 3. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 4. REAUTHORIZATION OF NEIGHBORHOOD STABILIZATION PROGRAM. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. (B) Certain criteria not applicable.--The fourth proviso in the second undesignated paragraph described in subparagraph (A) of this paragraph (relating to grantees in areas with foreclosures and the ability to expend funding within a certain period) shall not apply with respect to the emergency assistance authorized under paragraph (1) of this subsection. (b) Grants; Application.-- (1) In general.--The Secretary shall award grants under this section to eligible entities through a competitive process. (2) Criteria.--Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. (4) Preference.--The Secretary shall award preference to an application for a grant under this section to applicants that submit proposals-- (A) to provide assistance in areas with high levels of cost-burdened households; (B) to provide assistance in rural areas; (C) to provide assistance in communities that have adopted local land-use policies, building codes, or related regulations that favor greater housing production, such as-- (i) allowing greater density near public transportation lines; (ii) establishing by-right development; (iii) eliminating off-street parking requirements; (iv) granting density bonuses; (v) employing inclusionary zoning; (vi) relaxing minimum lot sizes; (vii) authorizing conversion of commercial properties into mixed-use and residential properties; or (viii) other local land-use policies, building codes, or related regulations that favor greater housing production; (D) to provide assistance in areas that are in close proximity to high-frequency public transportation; or (E) that have a higher proportion of affordable units for households with incomes that are less than 50 percent of the area median income. (5) Diversity.--In awarding grants under this section, the Secretary shall ensure a geographic diversity of grantees from across the United States. 637(d)(3)(C)) residing in the vicinity of projects funded under this section. (2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. (B) Longer periods permitted.--Nothing in subparagraph (A) shall be construed to prohibit a recipient of a grant under this section from establishing a longer affordability period than is required under that subparagraph. (d) Technical Assistance.-- (1) In general.--The Secretary may use not more than 2 percent of the funds made available under this section to provide technical assistance to grantees under this section. (f) Existing Regulations.--Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C.

To reauthorize the Neighborhood Stabilization 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) Eligible entity.--The term ``eligible entity'' means-- (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. ( 2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. B) Certain criteria not applicable.--The fourth proviso in the second undesignated paragraph described in subparagraph (A) of this paragraph (relating to grantees in areas with foreclosures and the ability to expend funding within a certain period) shall not apply with respect to the emergency assistance authorized under paragraph (1) of this subsection. ( b) Grants; Application.-- (1) In general.--The Secretary shall award grants under this section to eligible entities through a competitive process. ( (3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. ( (5) Diversity.--In awarding grants under this section, the Secretary shall ensure a geographic diversity of grantees from across the United States. ( 2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. ( 4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. ( (e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. ( f) Existing Regulations.--Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289) and subsequent Acts, as in effect on the day before the date of enactment of this Act, shall apply to the provision of assistance under this Act.

To reauthorize the Neighborhood Stabilization 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) Eligible entity.--The term ``eligible entity'' means-- (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. ( a) Authorization of Funds.-- (1) In general.--There is authorized to be appropriated to the Secretary $1,500,000,000 for fiscal year 2021, to remain available until expended, for the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. ( (2) Criteria.--Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. ( 3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. ( 2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. ( 3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. ( (4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. ( e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. (

To reauthorize the Neighborhood Stabilization 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) Eligible entity.--The term ``eligible entity'' means-- (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. ( a) Authorization of Funds.-- (1) In general.--There is authorized to be appropriated to the Secretary $1,500,000,000 for fiscal year 2021, to remain available until expended, for the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. ( (2) Criteria.--Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. ( 3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. ( 2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. ( 3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. ( (4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. ( e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. (

To reauthorize the Neighborhood Stabilization 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) Eligible entity.--The term ``eligible entity'' means-- (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. ( 2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. B) Certain criteria not applicable.--The fourth proviso in the second undesignated paragraph described in subparagraph (A) of this paragraph (relating to grantees in areas with foreclosures and the ability to expend funding within a certain period) shall not apply with respect to the emergency assistance authorized under paragraph (1) of this subsection. ( b) Grants; Application.-- (1) In general.--The Secretary shall award grants under this section to eligible entities through a competitive process. ( (3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. ( (5) Diversity.--In awarding grants under this section, the Secretary shall ensure a geographic diversity of grantees from across the United States. ( 2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. ( 4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. ( (e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. ( f) Existing Regulations.--Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289) and subsequent Acts, as in effect on the day before the date of enactment of this Act, shall apply to the provision of assistance under this Act.

To reauthorize the Neighborhood Stabilization 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) Eligible entity.--The term ``eligible entity'' means-- (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. ( a) Authorization of Funds.-- (1) In general.--There is authorized to be appropriated to the Secretary $1,500,000,000 for fiscal year 2021, to remain available until expended, for the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. ( (2) Criteria.--Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. ( 3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. ( 2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. ( 3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. ( (4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. ( e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. (

To reauthorize the Neighborhood Stabilization 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) Eligible entity.--The term ``eligible entity'' means-- (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. ( 2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. B) Certain criteria not applicable.--The fourth proviso in the second undesignated paragraph described in subparagraph (A) of this paragraph (relating to grantees in areas with foreclosures and the ability to expend funding within a certain period) shall not apply with respect to the emergency assistance authorized under paragraph (1) of this subsection. ( b) Grants; Application.-- (1) In general.--The Secretary shall award grants under this section to eligible entities through a competitive process. ( (3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. ( (5) Diversity.--In awarding grants under this section, the Secretary shall ensure a geographic diversity of grantees from across the United States. ( 2) Set aside for extremely low-income and very low-income families.--Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. ( 4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. ( (e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. ( f) Existing Regulations.--Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289) and subsequent Acts, as in effect on the day before the date of enactment of this Act, shall apply to the provision of assistance under this Act.

To reauthorize the Neighborhood Stabilization Program, and for other purposes. a) Authorization of Funds.-- (1) In general.--There is authorized to be appropriated to the Secretary $1,500,000,000 for fiscal year 2021, to remain available until expended, for the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. ( ( ( 3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. ( ( 4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. (

To reauthorize the Neighborhood Stabilization Program, and for other purposes. B) Certain criteria not applicable.--The fourth proviso in the second undesignated paragraph described in subparagraph (A) of this paragraph (relating to grantees in areas with foreclosures and the ability to expend funding within a certain period) shall not apply with respect to the emergency assistance authorized under paragraph (1) of this subsection. ( ( (3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. ( ( 5) Diversity.--In awarding grants under this section, the Secretary shall ensure a geographic diversity of grantees from across the United States. ( ( 4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. ( ( e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. (

To reauthorize the Neighborhood Stabilization Program, and for other purposes. a) Authorization of Funds.-- (1) In general.--There is authorized to be appropriated to the Secretary $1,500,000,000 for fiscal year 2021, to remain available until expended, for the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note; Public Law 110-289), in addition to other related uses of funds authorized under this section. ( ( ( 3) Affordability periods.-- (A) In general.--The affordability period for housing assisted under this section-- (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. ( ( 4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. (

To reauthorize the Neighborhood Stabilization Program, and for other purposes. B) Certain criteria not applicable.--The fourth proviso in the second undesignated paragraph described in subparagraph (A) of this paragraph (relating to grantees in areas with foreclosures and the ability to expend funding within a certain period) shall not apply with respect to the emergency assistance authorized under paragraph (1) of this subsection. ( ( (3) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application-- (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. ( ( 5) Diversity.--In awarding grants under this section, the Secretary shall ensure a geographic diversity of grantees from across the United States. ( ( 4) Deadline for expending funds.--A recipient of a grant under this section shall expend-- (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. ( ( e) Deadline for Awarding Funds.--The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. (

Affordable Housing Redevelopment Act - Authorizes appropriations for FY 2021 for the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, in addition to other related uses of funds authorized under this Act. Authorizes the Secretary of Housing and Urban Development (HUD) to reauthorize the Neighborhood Stabilization Program. Requires the Secretary to: Directs the Secretary of Housing and Urban Development (HUD) to use grant funds to purchase blighted, abandoned, vacant, foreclosed, or surplus property and convert the property into affordable housing, which shall serve individuals and families with a household income that does not exceed 50% of the area median income. (Sec. 3) Sets aside 25% of such housing for extremely low-

H.R.5603

Armed Forces and National Security

Protections for Student Veterans Act This bill authorizes service members who are utilizing Department of Veterans Affairs (VA) educational assistance benefits to withdraw or take a leave of absence after they receive orders for active service, inactive-duty training, or state active duty and addresses matters related to VA educational assistance for flight training. Institutions of higher education are prohibited from taking adverse actions (e.g., assigning a failing grade) against such service members for withdrawing or taking a leave of absence. The bill requires institutions of higher education to refund all tuition and fees (including for housing) for the academic term for which the service member withdraws. In situations where the service member takes a leave of absence, the institution of higher education must assign a grade of incomplete for the applicable term and permit the member to complete the academic term after the period of service. The bill adjusts requirements related to utilizing VA educational assistance for flight training purposes, including by removing the requirement that an individual must possess a valid private pilot certificate and meet certain medical requirements to utilize such assistance. Individuals enrolled in a program of education at an institution of higher learning in which flight training is required may elect to receive accelerated payments of tuition and fees if they also elect to receive educational counseling. The bill also specifies the calculation and determination of such fees, as well as the calculation of available entitlement in cases of accelerated payments.

To amend title 38, United States Code, to establish protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protections for Student Veterans Act''. SEC. 2. ESTABLISHMENT OF PROTECTIONS FOR A MEMBER OF THE ARMED FORCES WHO LEAVES A COURSE OF EDUCATION, PAID FOR WITH CERTAIN EDUCATIONAL ASSISTANCE, TO PERFORM CERTAIN SERVICE. (a) Establishment.--Chapter 36 of title 38, United States Code, amended by inserting after section 3691 the following new section: ``Sec. 3691A. Withdrawal or leave of absence from certain education ``(a) In General.-- ``(1) Withdrawal or leave of absence.--A covered member may, after receiving orders to enter a period of covered service, withdraw or take a leave of absence from covered education. ``(2) Prohibition on adverse action.--The institution concerned may not take any adverse action against a covered member on the basis that such covered member withdraws or takes a leave of absence under paragraph (1). Adverse actions include the following: ``(A) The assignment of a failing grade to a covered member for covered education. ``(B) The reduction of the grade point average of a covered member for covered education. ``(C) The characterization of any absence of a covered member from covered education as unexcused. ``(D) The assessment of any financial penalty against a covered member. ``(b) Withdrawal.--If a covered member withdraws from covered education under subsection (a), the institution concerned shall refund all tuition and fees (including payments for housing) for the academic term from which the covered servicemember withdraws. ``(c) Leave of Absence.--If a covered member takes a leave of absence from covered education under subsection (a), the institution concerned shall-- ``(1) assign a grade of `incomplete' (or equivalent) to the covered member for covered education for the academic term from which the covered member takes such leave of absence; and ``(2) to the extent practicable, permit the covered member, upon completion of the period covered service, to complete such academic term. ``(d) Definitions.--In this section: ``(1) The term `covered education' means a course of education-- ``(A) at an institution of higher education; and ``(B) paid for with educational assistance furnished under a law administered by the Secretary. ``(2) The term `covered member' means a member of the Armed Forces (including the reserve components) enrolled in covered education. ``(3) The term `covered service' means-- ``(A) active service or inactive-duty training, as such terms are defined in section 101 of title 10; or ``(B) State active duty, as defined in section 4303 of this title. ``(4) The term `institution concerned' means, with respect to a covered member, the institution of higher education where the covered member is enrolled in covered education. ``(5) The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(6) The term `period of covered service' means the period beginning on the date on which a covered member enters covered service and ending on the date on which the covered member is released from covered service or dies while in covered service.''. (b) Clerical Amendment.--The table of contents at the beginning of such chapter is amended by inserting after the item relating to section 3691 the following new item: ``3691A.Withdrawal or leave of absence from certain education.''. SEC. 3. IMPROVEMENTS TO ASSISTANCE PROVIDED FOR CERTAIN FLIGHT TRAINING AND OTHER PROGRAMS OF EDUCATION. (a) Use of Entitlement for Private Pilot's Licenses.--Section 3034(d) of title 38, United States Code, is amended-- (1) in paragraph (1) by striking the semicolon and inserting the following: ``and is required for the course of education being pursued (including with respect to a dual major, concentration, or other element a degree); and''; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Accelerated Payments for Flight Training.--Section 3313 of such title is amended by adding at the end the following new subsection: ``(m) Accelerated Payments for Certain Flight Training.-- ``(1) Payments.--An individual enrolled in a program of education pursued at an institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree) may elect to receive accelerated payments of amounts for tuition and fees determined under subsection (c). The amount of each accelerated payment shall be an amount equal to twice the amount for tuition and fee so determined under such subsection, but the total amount of such payments may not exceed the total amount of tuition and fees for the program of education. The amount of monthly stipends shall be determined in accordance with such subsection (c) and may not be accelerated under this paragraph. ``(2) Educational counseling.--An individual may make an election under paragraph (1) only if the individual receives educational counseling under section 3697A(a) of this title. ``(3) Charge against entitlement.--The number of months of entitlement charged an individual for accelerated payments made pursuant to paragraph (1) shall be determined at the rate of two months for each month in which such an accelerated payment is made.''. (c) Flight Training at Public Institutions.--Subsection (c)(1)(A) of such section 3313 is amended-- (1) in clause (i)-- (A) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively; (B) by striking ``In the case of a program of education pursued at a public institution of higher learning'' and inserting ``(I) Subject to subclause (II), in the case of a program of education pursued at a public institution of higher learning not described in clause (ii)(II)(bb)''; and (C) by adding at the end the following new subclause: ``(II) In determining the actual net cost for in-State tuition and fees pursuant to subclause (I), the Secretary may not pay for tuition and fees relating to flight training.''; and (2) in clause (ii)-- (A) in subclause (I), by redesignating items (aa) and (bb) as subitems (AA) and (BB), respectively; (B) in subclause (II), by redesignating items (aa) and (bb) as subitems (AA) and (BB), respectively; (C) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively; (D) by striking ``In the case of a program of education pursued at a non-public or foreign institution of higher learning'' and inserting ``(I) In the case of a program of education described in subclause (II)''; and (E) by adding at the end the following new subclause: ``(II) A program of education described in this subclause is any of the following: ``(aa) A program of education pursued at a non-public or foreign institution of higher learning. ``(bb) A program of education pursued at a public institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree).''. (d) Certain Programs of Education Carried Out Under Contract.-- Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsection (c)(2)(E), is amended by adding at the end the following new item: ``(cc) A program of education pursued at a public institution of higher learning in which the public institution of higher learning enters into a contract or agreement with an entity (other than another public institution of higher learning) to provide such program of education or a portion of such program of education.''. (e) Application.-- (1) In general.--Except as provided by paragraph (2), the amendments made by this section shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date of the enactment of this Act. (2) Special rule for current students.--In the case of an individual who, as of the date of the enactment of this Act, is using educational assistance under chapter 33 of title 38, United States Code, to pursue a course of education that includes a program of education described in item (bb) or (cc) of section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsections (c) and (d), respectively, the amendment made by such subsection shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date that is two years after the date of the enactment of this Act. SEC. 4. 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 November 16, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Protections for Student Veterans Act

To amend title 38, United States Code, to establish protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service.

Protections for Student Veterans Act Protections for Student Veterans Act Protections for Student Veterans Act

Rep. Underwood, Lauren

D

IL

This bill authorizes service members who are utilizing Department of Veterans Affairs (VA) educational assistance benefits to withdraw or take a leave of absence after they receive orders for active service, inactive-duty training, or state active duty and addresses matters related to VA educational assistance for flight training. Institutions of higher education are prohibited from taking adverse actions (e.g., assigning a failing grade) against such service members for withdrawing or taking a leave of absence. The bill requires institutions of higher education to refund all tuition and fees (including for housing) for the academic term for which the service member withdraws. In situations where the service member takes a leave of absence, the institution of higher education must assign a grade of incomplete for the applicable term and permit the member to complete the academic term after the period of service. The bill adjusts requirements related to utilizing VA educational assistance for flight training purposes, including by removing the requirement that an individual must possess a valid private pilot certificate and meet certain medical requirements to utilize such assistance. Individuals enrolled in a program of education at an institution of higher learning in which flight training is required may elect to receive accelerated payments of tuition and fees if they also elect to receive educational counseling. The bill also specifies the calculation and determination of such fees, as well as the calculation of available entitlement in cases of accelerated payments.

SHORT TITLE. This Act may be cited as the ``Protections for Student Veterans Act''. 2. ESTABLISHMENT OF PROTECTIONS FOR A MEMBER OF THE ARMED FORCES WHO LEAVES A COURSE OF EDUCATION, PAID FOR WITH CERTAIN EDUCATIONAL ASSISTANCE, TO PERFORM CERTAIN SERVICE. (a) Establishment.--Chapter 36 of title 38, United States Code, amended by inserting after section 3691 the following new section: ``Sec. 3691A. ``(2) Prohibition on adverse action.--The institution concerned may not take any adverse action against a covered member on the basis that such covered member withdraws or takes a leave of absence under paragraph (1). ``(C) The characterization of any absence of a covered member from covered education as unexcused. ``(3) The term `covered service' means-- ``(A) active service or inactive-duty training, as such terms are defined in section 101 of title 10; or ``(B) State active duty, as defined in section 4303 of this title. 1001). 3. The amount of each accelerated payment shall be an amount equal to twice the amount for tuition and fee so determined under such subsection, but the total amount of such payments may not exceed the total amount of tuition and fees for the program of education. ``(3) Charge against entitlement.--The number of months of entitlement charged an individual for accelerated payments made pursuant to paragraph (1) shall be determined at the rate of two months for each month in which such an accelerated payment is made.''. (c) Flight Training at Public Institutions.--Subsection (c)(1)(A) of such section 3313 is amended-- (1) in clause (i)-- (A) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively; (B) by striking ``In the case of a program of education pursued at a public institution of higher learning'' and inserting ``(I) Subject to subclause (II), in the case of a program of education pursued at a public institution of higher learning not described in clause (ii)(II)(bb)''; and (C) by adding at the end the following new subclause: ``(II) In determining the actual net cost for in-State tuition and fees pursuant to subclause (I), the Secretary may not pay for tuition and fees relating to flight training. ``(bb) A program of education pursued at a public institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree).''. (e) Application.-- (1) In general.--Except as provided by paragraph (2), the amendments made by this section shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date of the enactment of this Act. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. Passed the House of Representatives November 16, 2021. Attest: CHERYL L. JOHNSON, Clerk.

SHORT TITLE. This Act may be cited as the ``Protections for Student Veterans Act''. 2. ESTABLISHMENT OF PROTECTIONS FOR A MEMBER OF THE ARMED FORCES WHO LEAVES A COURSE OF EDUCATION, PAID FOR WITH CERTAIN EDUCATIONAL ASSISTANCE, TO PERFORM CERTAIN SERVICE. (a) Establishment.--Chapter 36 of title 38, United States Code, amended by inserting after section 3691 the following new section: ``Sec. 3691A. ``(2) Prohibition on adverse action.--The institution concerned may not take any adverse action against a covered member on the basis that such covered member withdraws or takes a leave of absence under paragraph (1). ``(C) The characterization of any absence of a covered member from covered education as unexcused. 3. The amount of each accelerated payment shall be an amount equal to twice the amount for tuition and fee so determined under such subsection, but the total amount of such payments may not exceed the total amount of tuition and fees for the program of education. ``(3) Charge against entitlement.--The number of months of entitlement charged an individual for accelerated payments made pursuant to paragraph (1) shall be determined at the rate of two months for each month in which such an accelerated payment is made.''. (c) Flight Training at Public Institutions.--Subsection (c)(1)(A) of such section 3313 is amended-- (1) in clause (i)-- (A) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively; (B) by striking ``In the case of a program of education pursued at a public institution of higher learning'' and inserting ``(I) Subject to subclause (II), in the case of a program of education pursued at a public institution of higher learning not described in clause (ii)(II)(bb)''; and (C) by adding at the end the following new subclause: ``(II) In determining the actual net cost for in-State tuition and fees pursuant to subclause (I), the Secretary may not pay for tuition and fees relating to flight training. (e) Application.-- (1) In general.--Except as provided by paragraph (2), the amendments made by this section shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date of the enactment of this Act. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protections for Student Veterans Act''. 2. ESTABLISHMENT OF PROTECTIONS FOR A MEMBER OF THE ARMED FORCES WHO LEAVES A COURSE OF EDUCATION, PAID FOR WITH CERTAIN EDUCATIONAL ASSISTANCE, TO PERFORM CERTAIN SERVICE. (a) Establishment.--Chapter 36 of title 38, United States Code, amended by inserting after section 3691 the following new section: ``Sec. 3691A. Withdrawal or leave of absence from certain education ``(a) In General.-- ``(1) Withdrawal or leave of absence.--A covered member may, after receiving orders to enter a period of covered service, withdraw or take a leave of absence from covered education. ``(2) Prohibition on adverse action.--The institution concerned may not take any adverse action against a covered member on the basis that such covered member withdraws or takes a leave of absence under paragraph (1). ``(B) The reduction of the grade point average of a covered member for covered education. ``(C) The characterization of any absence of a covered member from covered education as unexcused. ``(D) The assessment of any financial penalty against a covered member. ``(2) The term `covered member' means a member of the Armed Forces (including the reserve components) enrolled in covered education. ``(3) The term `covered service' means-- ``(A) active service or inactive-duty training, as such terms are defined in section 101 of title 10; or ``(B) State active duty, as defined in section 4303 of this title. ``(5) The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(6) The term `period of covered service' means the period beginning on the date on which a covered member enters covered service and ending on the date on which the covered member is released from covered service or dies while in covered service.''. 3. The amount of each accelerated payment shall be an amount equal to twice the amount for tuition and fee so determined under such subsection, but the total amount of such payments may not exceed the total amount of tuition and fees for the program of education. ``(2) Educational counseling.--An individual may make an election under paragraph (1) only if the individual receives educational counseling under section 3697A(a) of this title. ``(3) Charge against entitlement.--The number of months of entitlement charged an individual for accelerated payments made pursuant to paragraph (1) shall be determined at the rate of two months for each month in which such an accelerated payment is made.''. (c) Flight Training at Public Institutions.--Subsection (c)(1)(A) of such section 3313 is amended-- (1) in clause (i)-- (A) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively; (B) by striking ``In the case of a program of education pursued at a public institution of higher learning'' and inserting ``(I) Subject to subclause (II), in the case of a program of education pursued at a public institution of higher learning not described in clause (ii)(II)(bb)''; and (C) by adding at the end the following new subclause: ``(II) In determining the actual net cost for in-State tuition and fees pursuant to subclause (I), the Secretary may not pay for tuition and fees relating to flight training. ``(bb) A program of education pursued at a public institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree).''. (e) Application.-- (1) In general.--Except as provided by paragraph (2), the amendments made by this section shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date of the enactment of this Act. SEC. 4. 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 November 16, 2021. 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 ``Protections for Student Veterans Act''. 2. ESTABLISHMENT OF PROTECTIONS FOR A MEMBER OF THE ARMED FORCES WHO LEAVES A COURSE OF EDUCATION, PAID FOR WITH CERTAIN EDUCATIONAL ASSISTANCE, TO PERFORM CERTAIN SERVICE. (a) Establishment.--Chapter 36 of title 38, United States Code, amended by inserting after section 3691 the following new section: ``Sec. 3691A. Withdrawal or leave of absence from certain education ``(a) In General.-- ``(1) Withdrawal or leave of absence.--A covered member may, after receiving orders to enter a period of covered service, withdraw or take a leave of absence from covered education. ``(2) Prohibition on adverse action.--The institution concerned may not take any adverse action against a covered member on the basis that such covered member withdraws or takes a leave of absence under paragraph (1). Adverse actions include the following: ``(A) The assignment of a failing grade to a covered member for covered education. ``(B) The reduction of the grade point average of a covered member for covered education. ``(C) The characterization of any absence of a covered member from covered education as unexcused. ``(D) The assessment of any financial penalty against a covered member. ``(c) Leave of Absence.--If a covered member takes a leave of absence from covered education under subsection (a), the institution concerned shall-- ``(1) assign a grade of `incomplete' (or equivalent) to the covered member for covered education for the academic term from which the covered member takes such leave of absence; and ``(2) to the extent practicable, permit the covered member, upon completion of the period covered service, to complete such academic term. ``(d) Definitions.--In this section: ``(1) The term `covered education' means a course of education-- ``(A) at an institution of higher education; and ``(B) paid for with educational assistance furnished under a law administered by the Secretary. ``(2) The term `covered member' means a member of the Armed Forces (including the reserve components) enrolled in covered education. ``(3) The term `covered service' means-- ``(A) active service or inactive-duty training, as such terms are defined in section 101 of title 10; or ``(B) State active duty, as defined in section 4303 of this title. ``(5) The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(6) The term `period of covered service' means the period beginning on the date on which a covered member enters covered service and ending on the date on which the covered member is released from covered service or dies while in covered service.''. 3. The amount of each accelerated payment shall be an amount equal to twice the amount for tuition and fee so determined under such subsection, but the total amount of such payments may not exceed the total amount of tuition and fees for the program of education. The amount of monthly stipends shall be determined in accordance with such subsection (c) and may not be accelerated under this paragraph. ``(2) Educational counseling.--An individual may make an election under paragraph (1) only if the individual receives educational counseling under section 3697A(a) of this title. ``(3) Charge against entitlement.--The number of months of entitlement charged an individual for accelerated payments made pursuant to paragraph (1) shall be determined at the rate of two months for each month in which such an accelerated payment is made.''. (c) Flight Training at Public Institutions.--Subsection (c)(1)(A) of such section 3313 is amended-- (1) in clause (i)-- (A) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively; (B) by striking ``In the case of a program of education pursued at a public institution of higher learning'' and inserting ``(I) Subject to subclause (II), in the case of a program of education pursued at a public institution of higher learning not described in clause (ii)(II)(bb)''; and (C) by adding at the end the following new subclause: ``(II) In determining the actual net cost for in-State tuition and fees pursuant to subclause (I), the Secretary may not pay for tuition and fees relating to flight training. ``(bb) A program of education pursued at a public institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree).''. (d) Certain Programs of Education Carried Out Under Contract.-- Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsection (c)(2)(E), is amended by adding at the end the following new item: ``(cc) A program of education pursued at a public institution of higher learning in which the public institution of higher learning enters into a contract or agreement with an entity (other than another public institution of higher learning) to provide such program of education or a portion of such program of education.''. (e) Application.-- (1) In general.--Except as provided by paragraph (2), the amendments made by this section shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date of the enactment of this Act. SEC. 4. 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 November 16, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend title 38, United States Code, to establish protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service. Adverse actions include the following: ``(A) The assignment of a failing grade to a covered member for covered education. ``(D) The assessment of any financial penalty against a covered member. ``(c) Leave of Absence.--If a covered member takes a leave of absence from covered education under subsection (a), the institution concerned shall-- ``(1) assign a grade of `incomplete' (or equivalent) to the covered member for covered education for the academic term from which the covered member takes such leave of absence; and ``(2) to the extent practicable, permit the covered member, upon completion of the period covered service, to complete such academic term. ``(5) The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). b) Clerical Amendment.--The table of contents at the beginning of such chapter is amended by inserting after the item relating to section 3691 the following new item: ``3691A.Withdrawal or leave of absence from certain education.''. (b) Accelerated Payments for Flight Training.--Section 3313 of such title is amended by adding at the end the following new subsection: ``(m) Accelerated Payments for Certain Flight Training.-- ``(1) Payments.--An individual enrolled in a program of education pursued at an institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree) may elect to receive accelerated payments of amounts for tuition and fees determined under subsection (c). ``(3) Charge against entitlement.--The number of months of entitlement charged an individual for accelerated payments made pursuant to paragraph (1) shall be determined at the rate of two months for each month in which such an accelerated payment is made.''. ``(bb) A program of education pursued at a public institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree).''. (d) Certain Programs of Education Carried Out Under Contract.-- Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsection (c)(2)(E), is amended by adding at the end the following new item: ``(cc) A program of education pursued at a public institution of higher learning in which the public institution of higher learning enters into a contract or agreement with an entity (other than another public institution of higher learning) to provide such program of education or a portion of such program of education.''. ( e) Application.-- (1) In general.--Except as provided by paragraph (2), the amendments made by this section shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date of the enactment of this Act. ( DETERMINATION OF BUDGETARY EFFECTS. Passed the House of Representatives November 16, 2021.

To amend title 38, United States Code, to establish protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service. ``(D) The assessment of any financial penalty against a covered member. ``(b) Withdrawal.--If a covered member withdraws from covered education under subsection (a), the institution concerned shall refund all tuition and fees (including payments for housing) for the academic term from which the covered servicemember withdraws. ``(d) Definitions.--In this section: ``(1) The term `covered education' means a course of education-- ``(A) at an institution of higher education; and ``(B) paid for with educational assistance furnished under a law administered by the Secretary. a) Use of Entitlement for Private Pilot's Licenses.--Section 3034(d) of title 38, United States Code, is amended-- (1) in paragraph (1) by striking the semicolon and inserting the following: ``and is required for the course of education being pursued (including with respect to a dual major, concentration, or other element a degree); and''; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Accelerated Payments for Flight Training.--Section 3313 of such title is amended by adding at the end the following new subsection: ``(m) Accelerated Payments for Certain Flight Training.-- ``(1) Payments.--An individual enrolled in a program of education pursued at an institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree) may elect to receive accelerated payments of amounts for tuition and fees determined under subsection (c). ``(3) Charge against entitlement.--The number of months of entitlement charged an individual for accelerated payments made pursuant to paragraph (1) shall be determined at the rate of two months for each month in which such an accelerated payment is made.''. ( ``(bb) A program of education pursued at a public institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree).''. ( d) Certain Programs of Education Carried Out Under Contract.-- Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsection (c)(2)(E), is amended by adding at the end the following new item: ``(cc) A program of education pursued at a public institution of higher learning in which the public institution of higher learning enters into a contract or agreement with an entity (other than another public institution of higher learning) to provide such program of education or a portion of such program of education.''. ( DETERMINATION OF BUDGETARY EFFECTS. Passed the House of Representatives November 16, 2021.

To amend title 38, United States Code, to establish protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service. ``(D) The assessment of any financial penalty against a covered member. ``(b) Withdrawal.--If a covered member withdraws from covered education under subsection (a), the institution concerned shall refund all tuition and fees (including payments for housing) for the academic term from which the covered servicemember withdraws. ``(d) Definitions.--In this section: ``(1) The term `covered education' means a course of education-- ``(A) at an institution of higher education; and ``(B) paid for with educational assistance furnished under a law administered by the Secretary. a) Use of Entitlement for Private Pilot's Licenses.--Section 3034(d) of title 38, United States Code, is amended-- (1) in paragraph (1) by striking the semicolon and inserting the following: ``and is required for the course of education being pursued (including with respect to a dual major, concentration, or other element a degree); and''; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Accelerated Payments for Flight Training.--Section 3313 of such title is amended by adding at the end the following new subsection: ``(m) Accelerated Payments for Certain Flight Training.-- ``(1) Payments.--An individual enrolled in a program of education pursued at an institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree) may elect to receive accelerated payments of amounts for tuition and fees determined under subsection (c). ``(3) Charge against entitlement.--The number of months of entitlement charged an individual for accelerated payments made pursuant to paragraph (1) shall be determined at the rate of two months for each month in which such an accelerated payment is made.''. ( ``(bb) A program of education pursued at a public institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree).''. ( d) Certain Programs of Education Carried Out Under Contract.-- Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsection (c)(2)(E), is amended by adding at the end the following new item: ``(cc) A program of education pursued at a public institution of higher learning in which the public institution of higher learning enters into a contract or agreement with an entity (other than another public institution of higher learning) to provide such program of education or a portion of such program of education.''. ( DETERMINATION OF BUDGETARY EFFECTS. Passed the House of Representatives November 16, 2021.

To amend title 38, United States Code, to establish protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service. Adverse actions include the following: ``(A) The assignment of a failing grade to a covered member for covered education. ``(D) The assessment of any financial penalty against a covered member. ``(c) Leave of Absence.--If a covered member takes a leave of absence from covered education under subsection (a), the institution concerned shall-- ``(1) assign a grade of `incomplete' (or equivalent) to the covered member for covered education for the academic term from which the covered member takes such leave of absence; and ``(2) to the extent practicable, permit the covered member, upon completion of the period covered service, to complete such academic term. ``(5) The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). b) Clerical Amendment.--The table of contents at the beginning of such chapter is amended by inserting after the item relating to section 3691 the following new item: ``3691A.Withdrawal or leave of absence from certain education.''. (b) Accelerated Payments for Flight Training.--Section 3313 of such title is amended by adding at the end the following new subsection: ``(m) Accelerated Payments for Certain Flight Training.-- ``(1) Payments.--An individual enrolled in a program of education pursued at an institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree) may elect to receive accelerated payments of amounts for tuition and fees determined under subsection (c). ``(3) Charge against entitlement.--The number of months of entitlement charged an individual for accelerated payments made pursuant to paragraph (1) shall be determined at the rate of two months for each month in which such an accelerated payment is made.''. ``(bb) A program of education pursued at a public institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree).''. (d) Certain Programs of Education Carried Out Under Contract.-- Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsection (c)(2)(E), is amended by adding at the end the following new item: ``(cc) A program of education pursued at a public institution of higher learning in which the public institution of higher learning enters into a contract or agreement with an entity (other than another public institution of higher learning) to provide such program of education or a portion of such program of education.''. ( e) Application.-- (1) In general.--Except as provided by paragraph (2), the amendments made by this section shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date of the enactment of this Act. ( DETERMINATION OF BUDGETARY EFFECTS. Passed the House of Representatives November 16, 2021.

To amend title 38, United States Code, to establish protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service. ``(D) The assessment of any financial penalty against a covered member. ``(b) Withdrawal.--If a covered member withdraws from covered education under subsection (a), the institution concerned shall refund all tuition and fees (including payments for housing) for the academic term from which the covered servicemember withdraws. ``(d) Definitions.--In this section: ``(1) The term `covered education' means a course of education-- ``(A) at an institution of higher education; and ``(B) paid for with educational assistance furnished under a law administered by the Secretary. a) Use of Entitlement for Private Pilot's Licenses.--Section 3034(d) of title 38, United States Code, is amended-- (1) in paragraph (1) by striking the semicolon and inserting the following: ``and is required for the course of education being pursued (including with respect to a dual major, concentration, or other element a degree); and''; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Accelerated Payments for Flight Training.--Section 3313 of such title is amended by adding at the end the following new subsection: ``(m) Accelerated Payments for Certain Flight Training.-- ``(1) Payments.--An individual enrolled in a program of education pursued at an institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree) may elect to receive accelerated payments of amounts for tuition and fees determined under subsection (c). ``(3) Charge against entitlement.--The number of months of entitlement charged an individual for accelerated payments made pursuant to paragraph (1) shall be determined at the rate of two months for each month in which such an accelerated payment is made.''. ( ``(bb) A program of education pursued at a public institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree).''. ( d) Certain Programs of Education Carried Out Under Contract.-- Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsection (c)(2)(E), is amended by adding at the end the following new item: ``(cc) A program of education pursued at a public institution of higher learning in which the public institution of higher learning enters into a contract or agreement with an entity (other than another public institution of higher learning) to provide such program of education or a portion of such program of education.''. ( DETERMINATION OF BUDGETARY EFFECTS. Passed the House of Representatives November 16, 2021.

To amend title 38, United States Code, to establish protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service. Adverse actions include the following: ``(A) The assignment of a failing grade to a covered member for covered education. ``(D) The assessment of any financial penalty against a covered member. ``(c) Leave of Absence.--If a covered member takes a leave of absence from covered education under subsection (a), the institution concerned shall-- ``(1) assign a grade of `incomplete' (or equivalent) to the covered member for covered education for the academic term from which the covered member takes such leave of absence; and ``(2) to the extent practicable, permit the covered member, upon completion of the period covered service, to complete such academic term. ``(5) The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). b) Clerical Amendment.--The table of contents at the beginning of such chapter is amended by inserting after the item relating to section 3691 the following new item: ``3691A.Withdrawal or leave of absence from certain education.''. (b) Accelerated Payments for Flight Training.--Section 3313 of such title is amended by adding at the end the following new subsection: ``(m) Accelerated Payments for Certain Flight Training.-- ``(1) Payments.--An individual enrolled in a program of education pursued at an institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree) may elect to receive accelerated payments of amounts for tuition and fees determined under subsection (c). ``(3) Charge against entitlement.--The number of months of entitlement charged an individual for accelerated payments made pursuant to paragraph (1) shall be determined at the rate of two months for each month in which such an accelerated payment is made.''. ``(bb) A program of education pursued at a public institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree).''. (d) Certain Programs of Education Carried Out Under Contract.-- Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsection (c)(2)(E), is amended by adding at the end the following new item: ``(cc) A program of education pursued at a public institution of higher learning in which the public institution of higher learning enters into a contract or agreement with an entity (other than another public institution of higher learning) to provide such program of education or a portion of such program of education.''. ( e) Application.-- (1) In general.--Except as provided by paragraph (2), the amendments made by this section shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date of the enactment of this Act. ( DETERMINATION OF BUDGETARY EFFECTS. Passed the House of Representatives November 16, 2021.

To amend title 38, United States Code, to establish protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service. ``(D) The assessment of any financial penalty against a covered member. ``(b) Withdrawal.--If a covered member withdraws from covered education under subsection (a), the institution concerned shall refund all tuition and fees (including payments for housing) for the academic term from which the covered servicemember withdraws. ``(d) Definitions.--In this section: ``(1) The term `covered education' means a course of education-- ``(A) at an institution of higher education; and ``(B) paid for with educational assistance furnished under a law administered by the Secretary. a) Use of Entitlement for Private Pilot's Licenses.--Section 3034(d) of title 38, United States Code, is amended-- (1) in paragraph (1) by striking the semicolon and inserting the following: ``and is required for the course of education being pursued (including with respect to a dual major, concentration, or other element a degree); and''; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Accelerated Payments for Flight Training.--Section 3313 of such title is amended by adding at the end the following new subsection: ``(m) Accelerated Payments for Certain Flight Training.-- ``(1) Payments.--An individual enrolled in a program of education pursued at an institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree) may elect to receive accelerated payments of amounts for tuition and fees determined under subsection (c). ``(3) Charge against entitlement.--The number of months of entitlement charged an individual for accelerated payments made pursuant to paragraph (1) shall be determined at the rate of two months for each month in which such an accelerated payment is made.''. ( ``(bb) A program of education pursued at a public institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree).''. ( d) Certain Programs of Education Carried Out Under Contract.-- Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsection (c)(2)(E), is amended by adding at the end the following new item: ``(cc) A program of education pursued at a public institution of higher learning in which the public institution of higher learning enters into a contract or agreement with an entity (other than another public institution of higher learning) to provide such program of education or a portion of such program of education.''. ( DETERMINATION OF BUDGETARY EFFECTS. Passed the House of Representatives November 16, 2021.

To amend title 38, United States Code, to establish protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service. Adverse actions include the following: ``(A) The assignment of a failing grade to a covered member for covered education. (b) Accelerated Payments for Flight Training.--Section 3313 of such title is amended by adding at the end the following new subsection: ``(m) Accelerated Payments for Certain Flight Training.-- ``(1) Payments.--An individual enrolled in a program of education pursued at an institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree) may elect to receive accelerated payments of amounts for tuition and fees determined under subsection (c). ``(3) Charge against entitlement.--The number of months of entitlement charged an individual for accelerated payments made pursuant to paragraph (1) shall be determined at the rate of two months for each month in which such an accelerated payment is made.''. (d) Certain Programs of Education Carried Out Under Contract.-- Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsection (c)(2)(E), is amended by adding at the end the following new item: ``(cc) A program of education pursued at a public institution of higher learning in which the public institution of higher learning enters into a contract or agreement with an entity (other than another public institution of higher learning) to provide such program of education or a portion of such program of education.''. ( Passed the House of Representatives November 16, 2021.

To amend title 38, United States Code, to establish protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service. b) Accelerated Payments for Flight Training.--Section 3313 of such title is amended by adding at the end the following new subsection: ``(m) Accelerated Payments for Certain Flight Training.-- ``(1) Payments.--An individual enrolled in a program of education pursued at an institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree) may elect to receive accelerated payments of amounts for tuition and fees determined under subsection (c). ( d) Certain Programs of Education Carried Out Under Contract.-- Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsection (c)(2)(E), is amended by adding at the end the following new item: ``(cc) A program of education pursued at a public institution of higher learning in which the public institution of higher learning enters into a contract or agreement with an entity (other than another public institution of higher learning) to provide such program of education or a portion of such program of education.''. ( DETERMINATION OF BUDGETARY EFFECTS.

To amend title 38, United States Code, to establish protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service. Adverse actions include the following: ``(A) The assignment of a failing grade to a covered member for covered education. (b) Accelerated Payments for Flight Training.--Section 3313 of such title is amended by adding at the end the following new subsection: ``(m) Accelerated Payments for Certain Flight Training.-- ``(1) Payments.--An individual enrolled in a program of education pursued at an institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree) may elect to receive accelerated payments of amounts for tuition and fees determined under subsection (c). ``(3) Charge against entitlement.--The number of months of entitlement charged an individual for accelerated payments made pursuant to paragraph (1) shall be determined at the rate of two months for each month in which such an accelerated payment is made.''. (d) Certain Programs of Education Carried Out Under Contract.-- Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsection (c)(2)(E), is amended by adding at the end the following new item: ``(cc) A program of education pursued at a public institution of higher learning in which the public institution of higher learning enters into a contract or agreement with an entity (other than another public institution of higher learning) to provide such program of education or a portion of such program of education.''. ( Passed the House of Representatives November 16, 2021.

Protections for Student Veterans Act - Amends Federal civil service law to establish protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service. (Sec. 2) Prohibits an institution of higher education from taking any adverse action against a member on the basis that such member withdraws or takes a leave of absence Amends the Higher Education Act of 1965 to prohibit the Secretary of Education from paying for tuition and fees relating to flight training at a public institution of higher learning. (Currently, the Secretary may not pay for tuition or fees for such training at non-public or foreign institutions.) (Sec. 4) Requires the budgetary effects of this Act, for the purpose of complying with the Statutory

S.796

Armed Forces and National Security

Protecting Moms Who Served Act of 2021 This bill requires the Department of Veterans Affairs (VA) to implement the maternity care coordination program. The VA must provide community maternity care providers (i.e., non-VA maternity care providers) with training and support with respect to the unique needs of pregnant and postpartum veterans, particularly regarding mental and behavioral health conditions in relation to the service of the veterans in the Armed Forces. Additionally, the Government Accountability Office must report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans, with a focus on racial and ethnic disparities in maternal health outcomes for veterans.

[117th Congress Public Law 69] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1495]] Public Law 117-69 117th Congress An Act To codify maternity care coordination programs at the Department of Veterans Affairs, and for other purposes. <<NOTE: Nov. 30, 2021 - [S. 796]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Protecting Moms Who Served Act of 2021. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Moms Who Served Act of 2021''. SEC. 2. <<NOTE: 38 USC 1703 note.>> DEFINITIONS. In this Act: (1) Maternal mortality.--The term ``maternal mortality'' means a death occurring during pregnancy or within a one-year period after pregnancy that is caused by pregnancy-related or childbirth complications, including suicide, overdose, or other death resulting from a mental health or substance use disorder attributed to or aggravated by pregnancy-related or childbirth complications. (2) Postpartum.--The term ``postpartum'', with respect to an individual, means the one-year period beginning on the last day of the pregnancy of the individual. (3) Pregnancy-associated death.--The term ``pregnancy- associated death'' means the death of a pregnant or postpartum individual, by any cause, that occurs during pregnancy or within one year following pregnancy, regardless of the outcome, duration, or site of the pregnancy. (4) Pregnancy-related death.--The term ``pregnancy-related death'' means the death of a pregnant or postpartum individual that occurs during pregnancy or within one year following pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. (5) Racial and ethnic minority group.--The term ``racial and ethnic minority group'' has the meaning given that term in section 1707(g)(1) of the Public Health Service Act (42 U.S.C. 300u-6(g)(1)). (6) Severe maternal morbidity.--The term ``severe maternal morbidity'' means a health condition, including a mental health condition or substance use disorder, attributed to or aggravated by pregnancy or childbirth that results in significant short- term or long-term consequences to the health of the individual who was pregnant. [[Page 135 STAT. 1496]] SEC. 3. SUPPORT BY DEPARTMENT OF VETERANS AFFAIRS OF MATERNITY CARE COORDINATION. (a) Program on Maternity Care Coordination.-- (1) In general.--The Secretary of Veterans Affairs shall carry out the maternity care coordination program described in Veterans Health Administration Directive 1330.03. (2) Training and support.--In carrying out the program under paragraph (1), the Secretary shall provide to community maternity care providers training and support with respect to the unique needs of pregnant and postpartum veterans, particularly regarding mental and behavioral health conditions relating to the service of those veterans in the Armed Forces. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). (2) Supplement not supplant.--Amounts authorized under paragraph (1) are authorized in addition to any other amounts authorized for maternity health care and coordination for the Department of Veterans Affairs. (c) Definitions.--In this section: (1) Community maternity care providers.--The term ``community maternity care providers'' means maternity care providers located at non-Department facilities who provide maternity care to veterans under section 1703 of title 38, United States Code, or any other law administered by the Secretary of Veterans Affairs. (2) Non-department facilities.--The term ``non-Department facilities'' has the meaning given that term in section 1701 of title 38, United States Code. SEC. 4. REPORT ON MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY AMONG PREGNANT AND POSTPARTUM VETERANS. (a) <<NOTE: Public information.>> GAO Report.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, and make publicly available, a report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans, with a particular focus on racial and ethnic disparities in maternal health outcomes for veterans. (b) <<NOTE: Assessments. Recommenda- tions.>> Matters Included.-- The report under subsection (a) shall include the following: (1) To the extent practicable-- (A) <<NOTE: Time period. Data.>> the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) <<NOTE: Time period. Data.>> the number of cases of severe maternal morbidity among pregnant and postpartum veterans in the most recent year of available data; (D) an assessment of the racial and ethnic disparities in maternal mortality and severe maternal morbidity rates among pregnant and postpartum veterans; [[Page 135 STAT. 1497]] (E) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans, including post-traumatic stress disorder, military sexual trauma, and infertility or miscarriages that may be caused by service in the Armed Forces; (F) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans from racial and ethnic minority groups and such other at-risk populations as the Comptroller General considers appropriate; (G) identification of any correlations between the former rank of veterans and their maternal health outcomes; (H) <<NOTE: Time period.>> the number of veterans who have been diagnosed with infertility by a health care provider of the Veterans Health Administration each year in the most recent five years, disaggregated by age, race, ethnicity, sex, marital status, and geographical location; (I) <<NOTE: Time period.>> the number of veterans who have received a clinical diagnosis of unexplained infertility by a health care provider of the Veterans Health Administration each year in the most recent five years; and (J) an assessment of the extent to which the rate of incidence of clinically diagnosed infertility among veterans compare or differ to the rate of incidence of clinically diagnosed infertility among the civilian population. (2) <<NOTE: Determination.>> An assessment of the barriers to determining the information required under paragraph (1) and recommendations for improvements in tracking maternal health outcomes among pregnant and postpartum veterans who-- (A) have health care coverage through the Department; (B) are enrolled in the TRICARE program (as defined in section 1072 of title 10, United States Code); (C) have employer-based or private insurance; (D) are enrolled in the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); (E) are eligible to receive health care furnished by-- (i) the Indian Health Service; (ii) Tribal health programs; or (iii) urban Indian organizations; or (F) are uninsured. (3) Recommendations for legislative and administrative actions to increase access to mental and behavioral health care for pregnant and postpartum veterans who screen positively for maternal mental or behavioral health conditions. (4) Recommendations to address homelessness, food insecurity, poverty, and related issues among pregnant and postpartum veterans. (5) Recommendations on how to effectively educate maternity care providers on best practices for providing maternity care services to veterans that addresses the unique maternal health care needs of veteran populations. (6) Recommendations to reduce maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for each of the groups described in subparagraphs (A) through (F) of paragraph (2). [[Page 135 STAT. 1498]] (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve-- (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. (8) An assessment of the authority of the Secretary of Veterans Affairs to access maternal health data collected by the Department of Health and Human Services and, if applicable, recommendations to increase such authority. (9) To the extent applicable, an assessment of potential causes of or explanations for lower maternal mortality rates among veterans who have health care coverage through the Department of Veterans Affairs compared to maternal mortality rates in the general population of the United States. (10) Any other information the Comptroller General determines appropriate with respect to the reduction of maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for veterans. (c) Definitions.--In this section, the terms ``Tribal health program'' and ``urban Indian organization'' have the meanings given those terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). Approved November 30, 2021. LEGISLATIVE HISTORY--S. 796 (H.R. 958): --------------------------------------------------------------------------- HOUSE REPORTS: No. 117- 30 (Comm. on Veterans' Affairs) accompanying H.R. 958. CONGRESSIONAL RECORD, Vol. 167 (2021): Oct. 7, considered and passed Senate. Nov. 16, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks. <all>

Protecting Moms Who Served Act of 2021

A bill to codify maternity care coordination programs at the Department of Veterans Affairs, and for other purposes.

Protecting Moms Who Served Act of 2021 Protecting Moms Who Served Act of 2021 Protecting Moms Who Served Act of 2021

Sen. Duckworth, Tammy

D

IL

This bill requires the Department of Veterans Affairs (VA) to implement the maternity care coordination program. The VA must provide community maternity care providers (i.e., non-VA maternity care providers) with training and support with respect to the unique needs of pregnant and postpartum veterans, particularly regarding mental and behavioral health conditions in relation to the service of the veterans in the Armed Forces. Additionally, the Government Accountability Office must report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans, with a focus on racial and ethnic disparities in maternal health outcomes for veterans.

[117th Congress Public Law 69] [From the U.S. Government Publishing Office] [[Page 135 STAT. SHORT TITLE. This Act may be cited as the ``Protecting Moms Who Served Act of 2021''. 2. <<NOTE: 38 USC 1703 note.>> DEFINITIONS. (4) Pregnancy-related death.--The term ``pregnancy-related death'' means the death of a pregnant or postpartum individual that occurs during pregnancy or within one year following pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. (5) Racial and ethnic minority group.--The term ``racial and ethnic minority group'' has the meaning given that term in section 1707(g)(1) of the Public Health Service Act (42 U.S.C. 300u-6(g)(1)). 3. SUPPORT BY DEPARTMENT OF VETERANS AFFAIRS OF MATERNITY CARE COORDINATION. (2) Supplement not supplant.--Amounts authorized under paragraph (1) are authorized in addition to any other amounts authorized for maternity health care and coordination for the Department of Veterans Affairs. (2) Non-department facilities.--The term ``non-Department facilities'' has the meaning given that term in section 1701 of title 38, United States Code. SEC. REPORT ON MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY AMONG PREGNANT AND POSTPARTUM VETERANS. (b) <<NOTE: Assessments. 1497]] (E) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans, including post-traumatic stress disorder, military sexual trauma, and infertility or miscarriages that may be caused by service in the Armed Forces; (F) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans from racial and ethnic minority groups and such other at-risk populations as the Comptroller General considers appropriate; (G) identification of any correlations between the former rank of veterans and their maternal health outcomes; (H) <<NOTE: Time period.>> the number of veterans who have been diagnosed with infertility by a health care provider of the Veterans Health Administration each year in the most recent five years, disaggregated by age, race, ethnicity, sex, marital status, and geographical location; (I) <<NOTE: Time period.>> the number of veterans who have received a clinical diagnosis of unexplained infertility by a health care provider of the Veterans Health Administration each year in the most recent five years; and (J) an assessment of the extent to which the rate of incidence of clinically diagnosed infertility among veterans compare or differ to the rate of incidence of clinically diagnosed infertility among the civilian population. ); (E) are eligible to receive health care furnished by-- (i) the Indian Health Service; (ii) Tribal health programs; or (iii) urban Indian organizations; or (F) are uninsured. [[Page 135 STAT. (8) An assessment of the authority of the Secretary of Veterans Affairs to access maternal health data collected by the Department of Health and Human Services and, if applicable, recommendations to increase such authority. LEGISLATIVE HISTORY--S. 796 (H.R. 117- 30 (Comm. 958. CONGRESSIONAL RECORD, Vol. Nov. 16, considered and passed House.

This Act may be cited as the ``Protecting Moms Who Served Act of 2021''. 2. (4) Pregnancy-related death.--The term ``pregnancy-related death'' means the death of a pregnant or postpartum individual that occurs during pregnancy or within one year following pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. (5) Racial and ethnic minority group.--The term ``racial and ethnic minority group'' has the meaning given that term in section 1707(g)(1) of the Public Health Service Act (42 U.S.C. 300u-6(g)(1)). 3. SUPPORT BY DEPARTMENT OF VETERANS AFFAIRS OF MATERNITY CARE COORDINATION. (2) Non-department facilities.--The term ``non-Department facilities'' has the meaning given that term in section 1701 of title 38, United States Code. SEC. REPORT ON MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY AMONG PREGNANT AND POSTPARTUM VETERANS. (b) <<NOTE: Assessments. ); (E) are eligible to receive health care furnished by-- (i) the Indian Health Service; (ii) Tribal health programs; or (iii) urban Indian organizations; or (F) are uninsured. [[Page 135 STAT. LEGISLATIVE HISTORY--S. 796 (H.R. 117- 30 (Comm. 958. Nov. 16, considered and passed House.

[117th Congress Public Law 69] [From the U.S. Government Publishing Office] [[Page 135 STAT. SHORT TITLE. This Act may be cited as the ``Protecting Moms Who Served Act of 2021''. 2. <<NOTE: 38 USC 1703 note.>> DEFINITIONS. (4) Pregnancy-related death.--The term ``pregnancy-related death'' means the death of a pregnant or postpartum individual that occurs during pregnancy or within one year following pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. (5) Racial and ethnic minority group.--The term ``racial and ethnic minority group'' has the meaning given that term in section 1707(g)(1) of the Public Health Service Act (42 U.S.C. 300u-6(g)(1)). 1496]] SEC. 3. SUPPORT BY DEPARTMENT OF VETERANS AFFAIRS OF MATERNITY CARE COORDINATION. (2) Training and support.--In carrying out the program under paragraph (1), the Secretary shall provide to community maternity care providers training and support with respect to the unique needs of pregnant and postpartum veterans, particularly regarding mental and behavioral health conditions relating to the service of those veterans in the Armed Forces. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). (2) Supplement not supplant.--Amounts authorized under paragraph (1) are authorized in addition to any other amounts authorized for maternity health care and coordination for the Department of Veterans Affairs. (2) Non-department facilities.--The term ``non-Department facilities'' has the meaning given that term in section 1701 of title 38, United States Code. SEC. REPORT ON MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY AMONG PREGNANT AND POSTPARTUM VETERANS. (b) <<NOTE: Assessments. 1497]] (E) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans, including post-traumatic stress disorder, military sexual trauma, and infertility or miscarriages that may be caused by service in the Armed Forces; (F) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans from racial and ethnic minority groups and such other at-risk populations as the Comptroller General considers appropriate; (G) identification of any correlations between the former rank of veterans and their maternal health outcomes; (H) <<NOTE: Time period.>> the number of veterans who have been diagnosed with infertility by a health care provider of the Veterans Health Administration each year in the most recent five years, disaggregated by age, race, ethnicity, sex, marital status, and geographical location; (I) <<NOTE: Time period.>> the number of veterans who have received a clinical diagnosis of unexplained infertility by a health care provider of the Veterans Health Administration each year in the most recent five years; and (J) an assessment of the extent to which the rate of incidence of clinically diagnosed infertility among veterans compare or differ to the rate of incidence of clinically diagnosed infertility among the civilian population. (2) <<NOTE: Determination.>> An assessment of the barriers to determining the information required under paragraph (1) and recommendations for improvements in tracking maternal health outcomes among pregnant and postpartum veterans who-- (A) have health care coverage through the Department; (B) are enrolled in the TRICARE program (as defined in section 1072 of title 10, United States Code); (C) have employer-based or private insurance; (D) are enrolled in the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); (E) are eligible to receive health care furnished by-- (i) the Indian Health Service; (ii) Tribal health programs; or (iii) urban Indian organizations; or (F) are uninsured. (4) Recommendations to address homelessness, food insecurity, poverty, and related issues among pregnant and postpartum veterans. [[Page 135 STAT. (8) An assessment of the authority of the Secretary of Veterans Affairs to access maternal health data collected by the Department of Health and Human Services and, if applicable, recommendations to increase such authority. 1603). Approved November 30, 2021. LEGISLATIVE HISTORY--S. 796 (H.R. 117- 30 (Comm. 958. CONGRESSIONAL RECORD, Vol. 167 (2021): Oct. 7, considered and passed Senate. Nov. 16, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks.

[117th Congress Public Law 69] [From the U.S. Government Publishing Office] [[Page 135 STAT. SHORT TITLE. This Act may be cited as the ``Protecting Moms Who Served Act of 2021''. 2. <<NOTE: 38 USC 1703 note.>> DEFINITIONS. In this Act: (1) Maternal mortality.--The term ``maternal mortality'' means a death occurring during pregnancy or within a one-year period after pregnancy that is caused by pregnancy-related or childbirth complications, including suicide, overdose, or other death resulting from a mental health or substance use disorder attributed to or aggravated by pregnancy-related or childbirth complications. (3) Pregnancy-associated death.--The term ``pregnancy- associated death'' means the death of a pregnant or postpartum individual, by any cause, that occurs during pregnancy or within one year following pregnancy, regardless of the outcome, duration, or site of the pregnancy. (4) Pregnancy-related death.--The term ``pregnancy-related death'' means the death of a pregnant or postpartum individual that occurs during pregnancy or within one year following pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. (5) Racial and ethnic minority group.--The term ``racial and ethnic minority group'' has the meaning given that term in section 1707(g)(1) of the Public Health Service Act (42 U.S.C. 300u-6(g)(1)). 1496]] SEC. 3. SUPPORT BY DEPARTMENT OF VETERANS AFFAIRS OF MATERNITY CARE COORDINATION. (2) Training and support.--In carrying out the program under paragraph (1), the Secretary shall provide to community maternity care providers training and support with respect to the unique needs of pregnant and postpartum veterans, particularly regarding mental and behavioral health conditions relating to the service of those veterans in the Armed Forces. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). (2) Supplement not supplant.--Amounts authorized under paragraph (1) are authorized in addition to any other amounts authorized for maternity health care and coordination for the Department of Veterans Affairs. (2) Non-department facilities.--The term ``non-Department facilities'' has the meaning given that term in section 1701 of title 38, United States Code. SEC. REPORT ON MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY AMONG PREGNANT AND POSTPARTUM VETERANS. (a) <<NOTE: Public information.>> GAO Report.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, and make publicly available, a report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans, with a particular focus on racial and ethnic disparities in maternal health outcomes for veterans. (b) <<NOTE: Assessments. Recommenda- tions.>> Matters Included.-- The report under subsection (a) shall include the following: (1) To the extent practicable-- (A) <<NOTE: Time period. 1497]] (E) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans, including post-traumatic stress disorder, military sexual trauma, and infertility or miscarriages that may be caused by service in the Armed Forces; (F) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans from racial and ethnic minority groups and such other at-risk populations as the Comptroller General considers appropriate; (G) identification of any correlations between the former rank of veterans and their maternal health outcomes; (H) <<NOTE: Time period.>> the number of veterans who have been diagnosed with infertility by a health care provider of the Veterans Health Administration each year in the most recent five years, disaggregated by age, race, ethnicity, sex, marital status, and geographical location; (I) <<NOTE: Time period.>> the number of veterans who have received a clinical diagnosis of unexplained infertility by a health care provider of the Veterans Health Administration each year in the most recent five years; and (J) an assessment of the extent to which the rate of incidence of clinically diagnosed infertility among veterans compare or differ to the rate of incidence of clinically diagnosed infertility among the civilian population. (2) <<NOTE: Determination.>> An assessment of the barriers to determining the information required under paragraph (1) and recommendations for improvements in tracking maternal health outcomes among pregnant and postpartum veterans who-- (A) have health care coverage through the Department; (B) are enrolled in the TRICARE program (as defined in section 1072 of title 10, United States Code); (C) have employer-based or private insurance; (D) are enrolled in the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); (E) are eligible to receive health care furnished by-- (i) the Indian Health Service; (ii) Tribal health programs; or (iii) urban Indian organizations; or (F) are uninsured. (4) Recommendations to address homelessness, food insecurity, poverty, and related issues among pregnant and postpartum veterans. [[Page 135 STAT. 1498]] (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve-- (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. (8) An assessment of the authority of the Secretary of Veterans Affairs to access maternal health data collected by the Department of Health and Human Services and, if applicable, recommendations to increase such authority. 1603). Approved November 30, 2021. LEGISLATIVE HISTORY--S. 796 (H.R. 117- 30 (Comm. 958. CONGRESSIONAL RECORD, Vol. 167 (2021): Oct. 7, considered and passed Senate. Nov. 16, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks.

[117th Congress Public Law 69] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: Nov. 30, 2021 - [S. 796]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Protecting Moms Who Served Act of 2021. (4) Pregnancy-related death.--The term ``pregnancy-related death'' means the death of a pregnant or postpartum individual that occurs during pregnancy or within one year following pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. ( 6) Severe maternal morbidity.--The term ``severe maternal morbidity'' means a health condition, including a mental health condition or substance use disorder, attributed to or aggravated by pregnancy or childbirth that results in significant short- term or long-term consequences to the health of the individual who was pregnant. [[ (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). ( c) Definitions.--In this section: (1) Community maternity care providers.--The term ``community maternity care providers'' means maternity care providers located at non-Department facilities who provide maternity care to veterans under section 1703 of title 38, United States Code, or any other law administered by the Secretary of Veterans Affairs. ( >> Matters Included.-- The report under subsection (a) shall include the following: (1) To the extent practicable-- (A) <<NOTE: Time period. >> the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) <<NOTE: Time period. >> the number of veterans who have been diagnosed with infertility by a health care provider of the Veterans Health Administration each year in the most recent five years, disaggregated by age, race, ethnicity, sex, marital status, and geographical location; (I) <<NOTE: Time period. >> the number of veterans who have received a clinical diagnosis of unexplained infertility by a health care provider of the Veterans Health Administration each year in the most recent five years; and (J) an assessment of the extent to which the rate of incidence of clinically diagnosed infertility among veterans compare or differ to the rate of incidence of clinically diagnosed infertility among the civilian population. (2) <<NOTE: Determination. 3) Recommendations for legislative and administrative actions to increase access to mental and behavioral health care for pregnant and postpartum veterans who screen positively for maternal mental or behavioral health conditions. ( 1498]] (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve-- (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. ( 8) An assessment of the authority of the Secretary of Veterans Affairs to access maternal health data collected by the Department of Health and Human Services and, if applicable, recommendations to increase such authority. ( Nov. 16, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks.

[117th Congress Public Law 69] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: 38 USC 1703 note. 3) Pregnancy-associated death.--The term ``pregnancy- associated death'' means the death of a pregnant or postpartum individual, by any cause, that occurs during pregnancy or within one year following pregnancy, regardless of the outcome, duration, or site of the pregnancy. ( SUPPORT BY DEPARTMENT OF VETERANS AFFAIRS OF MATERNITY CARE COORDINATION. ( a) Program on Maternity Care Coordination.-- (1) In general.--The Secretary of Veterans Affairs shall carry out the maternity care coordination program described in Veterans Health Administration Directive 1330.03. ( b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). ( >> the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) <<NOTE: Time period. >> the number of cases of severe maternal morbidity among pregnant and postpartum veterans in the most recent year of available data; (D) an assessment of the racial and ethnic disparities in maternal mortality and severe maternal morbidity rates among pregnant and postpartum veterans; [[Page 135 STAT. (2) <<NOTE: Determination. 1498]] (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve-- (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. ( (10) Any other information the Comptroller General determines appropriate with respect to the reduction of maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for veterans. ( 167 (2021): Oct. 7, considered and passed Senate.

[117th Congress Public Law 69] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: 38 USC 1703 note. 3) Pregnancy-associated death.--The term ``pregnancy- associated death'' means the death of a pregnant or postpartum individual, by any cause, that occurs during pregnancy or within one year following pregnancy, regardless of the outcome, duration, or site of the pregnancy. ( SUPPORT BY DEPARTMENT OF VETERANS AFFAIRS OF MATERNITY CARE COORDINATION. ( a) Program on Maternity Care Coordination.-- (1) In general.--The Secretary of Veterans Affairs shall carry out the maternity care coordination program described in Veterans Health Administration Directive 1330.03. ( b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). ( >> the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) <<NOTE: Time period. >> the number of cases of severe maternal morbidity among pregnant and postpartum veterans in the most recent year of available data; (D) an assessment of the racial and ethnic disparities in maternal mortality and severe maternal morbidity rates among pregnant and postpartum veterans; [[Page 135 STAT. (2) <<NOTE: Determination. 1498]] (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve-- (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. ( (10) Any other information the Comptroller General determines appropriate with respect to the reduction of maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for veterans. ( 167 (2021): Oct. 7, considered and passed Senate.

[117th Congress Public Law 69] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: Nov. 30, 2021 - [S. 796]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Protecting Moms Who Served Act of 2021. (4) Pregnancy-related death.--The term ``pregnancy-related death'' means the death of a pregnant or postpartum individual that occurs during pregnancy or within one year following pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. ( 6) Severe maternal morbidity.--The term ``severe maternal morbidity'' means a health condition, including a mental health condition or substance use disorder, attributed to or aggravated by pregnancy or childbirth that results in significant short- term or long-term consequences to the health of the individual who was pregnant. [[ (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). ( c) Definitions.--In this section: (1) Community maternity care providers.--The term ``community maternity care providers'' means maternity care providers located at non-Department facilities who provide maternity care to veterans under section 1703 of title 38, United States Code, or any other law administered by the Secretary of Veterans Affairs. ( >> Matters Included.-- The report under subsection (a) shall include the following: (1) To the extent practicable-- (A) <<NOTE: Time period. >> the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) <<NOTE: Time period. >> the number of veterans who have been diagnosed with infertility by a health care provider of the Veterans Health Administration each year in the most recent five years, disaggregated by age, race, ethnicity, sex, marital status, and geographical location; (I) <<NOTE: Time period. >> the number of veterans who have received a clinical diagnosis of unexplained infertility by a health care provider of the Veterans Health Administration each year in the most recent five years; and (J) an assessment of the extent to which the rate of incidence of clinically diagnosed infertility among veterans compare or differ to the rate of incidence of clinically diagnosed infertility among the civilian population. (2) <<NOTE: Determination. 3) Recommendations for legislative and administrative actions to increase access to mental and behavioral health care for pregnant and postpartum veterans who screen positively for maternal mental or behavioral health conditions. ( 1498]] (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve-- (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. ( 8) An assessment of the authority of the Secretary of Veterans Affairs to access maternal health data collected by the Department of Health and Human Services and, if applicable, recommendations to increase such authority. ( Nov. 16, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks.

[117th Congress Public Law 69] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: 38 USC 1703 note. 3) Pregnancy-associated death.--The term ``pregnancy- associated death'' means the death of a pregnant or postpartum individual, by any cause, that occurs during pregnancy or within one year following pregnancy, regardless of the outcome, duration, or site of the pregnancy. ( SUPPORT BY DEPARTMENT OF VETERANS AFFAIRS OF MATERNITY CARE COORDINATION. ( a) Program on Maternity Care Coordination.-- (1) In general.--The Secretary of Veterans Affairs shall carry out the maternity care coordination program described in Veterans Health Administration Directive 1330.03. ( b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). ( >> the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) <<NOTE: Time period. >> the number of cases of severe maternal morbidity among pregnant and postpartum veterans in the most recent year of available data; (D) an assessment of the racial and ethnic disparities in maternal mortality and severe maternal morbidity rates among pregnant and postpartum veterans; [[Page 135 STAT. (2) <<NOTE: Determination. 1498]] (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve-- (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. ( (10) Any other information the Comptroller General determines appropriate with respect to the reduction of maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for veterans. ( 167 (2021): Oct. 7, considered and passed Senate.

[117th Congress Public Law 69] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: Nov. 30, 2021 - [S. 796]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Protecting Moms Who Served Act of 2021. (4) Pregnancy-related death.--The term ``pregnancy-related death'' means the death of a pregnant or postpartum individual that occurs during pregnancy or within one year following pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. ( 6) Severe maternal morbidity.--The term ``severe maternal morbidity'' means a health condition, including a mental health condition or substance use disorder, attributed to or aggravated by pregnancy or childbirth that results in significant short- term or long-term consequences to the health of the individual who was pregnant. [[ (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). ( c) Definitions.--In this section: (1) Community maternity care providers.--The term ``community maternity care providers'' means maternity care providers located at non-Department facilities who provide maternity care to veterans under section 1703 of title 38, United States Code, or any other law administered by the Secretary of Veterans Affairs. ( >> Matters Included.-- The report under subsection (a) shall include the following: (1) To the extent practicable-- (A) <<NOTE: Time period. >> the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) <<NOTE: Time period. >> the number of veterans who have been diagnosed with infertility by a health care provider of the Veterans Health Administration each year in the most recent five years, disaggregated by age, race, ethnicity, sex, marital status, and geographical location; (I) <<NOTE: Time period. >> the number of veterans who have received a clinical diagnosis of unexplained infertility by a health care provider of the Veterans Health Administration each year in the most recent five years; and (J) an assessment of the extent to which the rate of incidence of clinically diagnosed infertility among veterans compare or differ to the rate of incidence of clinically diagnosed infertility among the civilian population. (2) <<NOTE: Determination. 3) Recommendations for legislative and administrative actions to increase access to mental and behavioral health care for pregnant and postpartum veterans who screen positively for maternal mental or behavioral health conditions. ( 1498]] (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve-- (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. ( 8) An assessment of the authority of the Secretary of Veterans Affairs to access maternal health data collected by the Department of Health and Human Services and, if applicable, recommendations to increase such authority. ( Nov. 16, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks.

[117th Congress Public Law 69] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: 38 USC 1703 note. 3) Pregnancy-associated death.--The term ``pregnancy- associated death'' means the death of a pregnant or postpartum individual, by any cause, that occurs during pregnancy or within one year following pregnancy, regardless of the outcome, duration, or site of the pregnancy. ( SUPPORT BY DEPARTMENT OF VETERANS AFFAIRS OF MATERNITY CARE COORDINATION. ( a) Program on Maternity Care Coordination.-- (1) In general.--The Secretary of Veterans Affairs shall carry out the maternity care coordination program described in Veterans Health Administration Directive 1330.03. ( b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). ( >> the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) <<NOTE: Time period. >> the number of cases of severe maternal morbidity among pregnant and postpartum veterans in the most recent year of available data; (D) an assessment of the racial and ethnic disparities in maternal mortality and severe maternal morbidity rates among pregnant and postpartum veterans; [[Page 135 STAT. (2) <<NOTE: Determination. 1498]] (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve-- (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. ( (10) Any other information the Comptroller General determines appropriate with respect to the reduction of maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for veterans. ( 167 (2021): Oct. 7, considered and passed Senate.

[117th Congress Public Law 69] [From the U.S. Government Publishing Office] [[Page 135 STAT. 6) Severe maternal morbidity.--The term ``severe maternal morbidity'' means a health condition, including a mental health condition or substance use disorder, attributed to or aggravated by pregnancy or childbirth that results in significant short- term or long-term consequences to the health of the individual who was pregnant. [[ ( >> the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) <<NOTE: Time period. 3) Recommendations for legislative and administrative actions to increase access to mental and behavioral health care for pregnant and postpartum veterans who screen positively for maternal mental or behavioral health conditions. ( 1498]] (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve-- (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. ( DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks.

[117th Congress Public Law 69] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: 38 USC 1703 note. 3) Pregnancy-associated death.--The term ``pregnancy- associated death'' means the death of a pregnant or postpartum individual, by any cause, that occurs during pregnancy or within one year following pregnancy, regardless of the outcome, duration, or site of the pregnancy. ( SUPPORT BY DEPARTMENT OF VETERANS AFFAIRS OF MATERNITY CARE COORDINATION. ( a) Program on Maternity Care Coordination.-- (1) In general.--The Secretary of Veterans Affairs shall carry out the maternity care coordination program described in Veterans Health Administration Directive 1330.03. ( b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). ( >> the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) <<NOTE: Time period. >> the number of cases of severe maternal morbidity among pregnant and postpartum veterans in the most recent year of available data; (D) an assessment of the racial and ethnic disparities in maternal mortality and severe maternal morbidity rates among pregnant and postpartum veterans; [[Page 135 STAT. (2) <<NOTE: Determination. 1498]] (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve-- (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. ( (10) Any other information the Comptroller General determines appropriate with respect to the reduction of maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for veterans. ( 167 (2021): Oct. 7, considered and passed Senate.

[117th Congress Public Law 69] [From the U.S. Government Publishing Office] [[Page 135 STAT. 6) Severe maternal morbidity.--The term ``severe maternal morbidity'' means a health condition, including a mental health condition or substance use disorder, attributed to or aggravated by pregnancy or childbirth that results in significant short- term or long-term consequences to the health of the individual who was pregnant. [[ ( >> the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) <<NOTE: Time period. 3) Recommendations for legislative and administrative actions to increase access to mental and behavioral health care for pregnant and postpartum veterans who screen positively for maternal mental or behavioral health conditions. ( 1498]] (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve-- (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. ( DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks.

Protecting Moms Who Served Act of 2021 - Amends the Veterans Health Administration (VHA) to direct the Secretary of Veterans Affairs (VA) to carry out the maternity care coordination program and provide to community maternity care providers training and support with respect to the unique needs of pregnant and postpartum veterans, particularly regarding mental and behavioral health conditions relating to their service in the Armed Directs the Comptroller General to: (1) identify the causes of maternal mortality and severe maternal morbidity that are unique to veterans, including post-traumatic stress disorder, military sexual trauma, and infertility or miscarriages that may be caused by service in the Armed Forces; (2) assess the barriers to determining such information and recommendations for improvements in tracking maternal health outcomes among pregnant and

H.R.5052

Labor and Employment

National Commission to Combat Workplace Sexual Harassment Act This bill establishes the National Commission to Combat Workplace Sexual Harassment to investigate and report on sexual harassment, sexual assault, and other sexual misconduct in the workplace. This includes the causes of such conduct and whether certain personal characteristics or types of employment make individuals more vulnerable to such conduct.

To create a national commission to combat workplace sexual harassment, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission to Combat Workplace Sexual Harassment Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``National Commission to Combat Workplace Sexual Harassment'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) carry out a comprehensive investigation and study of workplace sexual harassment in the United States-- (A) through hearings and testimony taken from-- (i) workers, employers, and contractors in the United States, including in such industries and places of work as hospitality, factories, offices, agriculture, food service, retail, news media, technology, banking, entertainment, and law enforcement regarding their experiences with sexual harassment, sexual assault, and other sexual misconduct in the workplace; (ii) experts in employment discrimination and sex discrimination, including sexual harassment; (iii) members of the public; and (iv) advocates against employment discrimination and sex discrimination, including sexual harassment; and (B) which shall-- (i) summarize findings from the testimony of workers, employers, experts, public witnesses, and advocates, mentioned in paragraph (A) about sexual harassment, sexual assault, and other sexual misconduct in the workplace, including retaliation for reporting such conduct; (ii) include an assessment of the causes and effects of workplace sexual harassment, sexual assault, and other sexual misconduct in the workplace; (iii) evaluate whether and how personal characteristics (such as race, gender, gender identity, sexual orientation, age, income and wealth, geographic location) or employment circumstances (such as self employment, contract, seasonal, permanent, night shift, ``gig'' economy) render individuals more vulnerable to sexual harassment, sexual assault, and other sexual misconduct in the workplace; (iv) evaluate whether and how new forms of communication, such as social media, have had an effect on sexual harassment, sexual assault, and other sexual misconduct in the workplace; (v) analyze whether and how sexual harassment, sexual assault, and other sexual misconduct in the workplace have increased in the United States despite Federal, State, and local legislation aimed at curbing such conduct; (vi) evaluate whether and how reporting occurs about sexual harassment, sexual assault, and other sexual misconduct in the workplace, and whether and how that reporting is impacted by individuals' personal characteristics or employment circumstances; (vii) evaluate the efficacy of current reporting and accountability mechanisms in the private and public sector; (viii) analyze the causes and effects of unreported and underreported sexual harassment, sexual assault, and other sexual misconduct in the workplace, and any disparities between complaints reported and claims resolved on the merits through mechanisms in the public and private sector; and (ix) include a review of private sector, State, and local policies and practices that have had an effect in addressing and preventing sexual harassment, sexual assault, and other sexual misconduct in the workplace, and enforcing prohibitions against such conduct; and (2) not later than 18 months after the date of the enactment of this Act-- (A) submit to the President and the Congress a comprehensive report of the Commission's findings and conclusions, together with any recommendations of the Commission to combat sexual harassment, sexual assault, and other sexual misconduct in the workplace; and (B) conduct a hearing on the Commission's report and recommendations. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 11 members, at least 6 of whom shall be women, appointed not later than 45 days after the date of the enactment of this Act, as follows: (1) The majority leader and minority leader of the Senate shall each appoint two members. (2) The Speaker and the minority leader of the House of Representatives shall each appoint two members. (3) The President shall appoint three members. (b) Qualifications.--Each person nominated to the Commission shall be knowledgeable on sexual harassment, sexual assault, or other sexual misconduct or related discrimination in the workplace. (c) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--Any vacancy shall not affect the power and duties of the Commission, but shall be filled in the same manner as the original appointment and made within 90 days of a vacancy on the Commission. (d) Chairperson; Vice Chairperson.-- (1) Election.--At the initial meeting, the Commission shall select a Chairperson and Vice Chairperson from among its members. (2) Vice chairperson.--The Vice Chairperson shall perform the duties of the Chairperson in the event the Chairperson is absent, steps down, or dies. (e) Quorum.--Six members of the Commission shall constitute a quorum. (f) Compensation.--Each Member of the Commission-- (1) shall not be considered to be a Federal employee for any purpose by reason of service on the Commission; and (2) shall serve without pay. (g) Travel Expenses.--Each Member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their home or regular place of business in performance of services for the Commission. SEC. 5. POWERS. (a) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chairperson or a majority of its members. (2) Initial meeting.--Not later than 60 days after the date of the enactment of this Act, the Commission shall hold an initial meeting to develop and implement a schedule for completion of the study, review, and report required under section 3. (b) Hearings.--The Commission may hold such hearings and undertake such other activities as the Commission determines necessary to carry out its duties. (c) Other Resources.-- (1) Documents, statistical data, and other such information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (2) Office space and administrative support.--The Administrator of General Services shall make office space available for day-to-day activities of the Commission and for scheduled meetings of the Commission. Upon request, the Administrator shall provide, on a reimbursable basis, such administrative support as the Commission requests to fulfill its duties. (d) Authority To Use United States 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. (e) Authority To Contract.-- (1) In general.--To the extent provided in advance in appropriations Acts, the Commission may contract with and compensate government and private agencies or persons for the conduct of activities necessary to the discharge of its duties under section 3, without regard to section 6101 of title 41, United States Code. (2) Termination.--A contract, lease, or other legal agreement entered into by the Commission may not extend beyond the date of termination of the Commission. SEC. 6. STAFF. (a) Director.--The Commission shall have a Director who shall be appointed and may be removed by a majority vote of the Commission. The Director shall be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule. (b) Staff.-- (1) In general.--The Director may appoint such personnel as the Director determines to be appropriate. Such personnel shall be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule and may be removed by the Director, subject to a majority vote of the members of the Commission. (2) Additional staff.--The Commission may appoint and fix the compensation of such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule. (c) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Detail of Government Employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the personnel. (e) Volunteer Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. SEC. 7. SUNSET. The Commission shall terminate on the date that is 60 days after the date on which the Commission submits its report to Congress pursuant to section 3(2). <all>

National Commission to Combat Workplace Sexual Harassment Act

To create a national commission to combat workplace sexual harassment, and for other purposes.

National Commission to Combat Workplace Sexual Harassment Act

Del. Norton, Eleanor Holmes

D

DC

This bill establishes the National Commission to Combat Workplace Sexual Harassment to investigate and report on sexual harassment, sexual assault, and other sexual misconduct in the workplace. This includes the causes of such conduct and whether certain personal characteristics or types of employment make individuals more vulnerable to such conduct.

SHORT TITLE. This Act may be cited as the ``National Commission to Combat Workplace Sexual Harassment Act''. 2. 3. DUTIES OF COMMISSION. (2) The Speaker and the minority leader of the House of Representatives shall each appoint two members. (b) Qualifications.--Each person nominated to the Commission shall be knowledgeable on sexual harassment, sexual assault, or other sexual misconduct or related discrimination in the workplace. (c) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (d) Chairperson; Vice Chairperson.-- (1) Election.--At the initial meeting, the Commission shall select a Chairperson and Vice Chairperson from among its members. 5. POWERS. (b) Hearings.--The Commission may hold such hearings and undertake such other activities as the Commission determines necessary to carry out its duties. Upon request, the Administrator shall provide, on a reimbursable basis, such administrative support as the Commission requests to fulfill its duties. (d) Authority To Use United States 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. 6. STAFF. The Director shall be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the personnel. SEC. The Commission shall terminate on the date that is 60 days after the date on which the Commission submits its report to Congress pursuant to section 3(2).

SHORT TITLE. This Act may be cited as the ``National Commission to Combat Workplace Sexual Harassment Act''. 2. 3. DUTIES OF COMMISSION. (2) The Speaker and the minority leader of the House of Representatives shall each appoint two members. (b) Qualifications.--Each person nominated to the Commission shall be knowledgeable on sexual harassment, sexual assault, or other sexual misconduct or related discrimination in the workplace. (c) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (d) Chairperson; Vice Chairperson.-- (1) Election.--At the initial meeting, the Commission shall select a Chairperson and Vice Chairperson from among its members. 5. POWERS. (b) Hearings.--The Commission may hold such hearings and undertake such other activities as the Commission determines necessary to carry out its duties. Upon request, the Administrator shall provide, on a reimbursable basis, such administrative support as the Commission requests to fulfill its duties. (d) Authority To Use United States 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. 6. STAFF. The Director shall be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the personnel. SEC. The Commission shall terminate on the date that is 60 days after the date on which the Commission submits its report to Congress pursuant to section 3(2).

SHORT TITLE. This Act may be cited as the ``National Commission to Combat Workplace Sexual Harassment Act''. 2. ESTABLISHMENT. 3. DUTIES OF COMMISSION. The Commission shall-- (1) carry out a comprehensive investigation and study of workplace sexual harassment in the United States-- (A) through hearings and testimony taken from-- (i) workers, employers, and contractors in the United States, including in such industries and places of work as hospitality, factories, offices, agriculture, food service, retail, news media, technology, banking, entertainment, and law enforcement regarding their experiences with sexual harassment, sexual assault, and other sexual misconduct in the workplace; (ii) experts in employment discrimination and sex discrimination, including sexual harassment; (iii) members of the public; and (iv) advocates against employment discrimination and sex discrimination, including sexual harassment; and (B) which shall-- (i) summarize findings from the testimony of workers, employers, experts, public witnesses, and advocates, mentioned in paragraph (A) about sexual harassment, sexual assault, and other sexual misconduct in the workplace, including retaliation for reporting such conduct; (ii) include an assessment of the causes and effects of workplace sexual harassment, sexual assault, and other sexual misconduct in the workplace; (iii) evaluate whether and how personal characteristics (such as race, gender, gender identity, sexual orientation, age, income and wealth, geographic location) or employment circumstances (such as self employment, contract, seasonal, permanent, night shift, ``gig'' economy) render individuals more vulnerable to sexual harassment, sexual assault, and other sexual misconduct in the workplace; (iv) evaluate whether and how new forms of communication, such as social media, have had an effect on sexual harassment, sexual assault, and other sexual misconduct in the workplace; (v) analyze whether and how sexual harassment, sexual assault, and other sexual misconduct in the workplace have increased in the United States despite Federal, State, and local legislation aimed at curbing such conduct; (vi) evaluate whether and how reporting occurs about sexual harassment, sexual assault, and other sexual misconduct in the workplace, and whether and how that reporting is impacted by individuals' personal characteristics or employment circumstances; (vii) evaluate the efficacy of current reporting and accountability mechanisms in the private and public sector; (viii) analyze the causes and effects of unreported and underreported sexual harassment, sexual assault, and other sexual misconduct in the workplace, and any disparities between complaints reported and claims resolved on the merits through mechanisms in the public and private sector; and (ix) include a review of private sector, State, and local policies and practices that have had an effect in addressing and preventing sexual harassment, sexual assault, and other sexual misconduct in the workplace, and enforcing prohibitions against such conduct; and (2) not later than 18 months after the date of the enactment of this Act-- (A) submit to the President and the Congress a comprehensive report of the Commission's findings and conclusions, together with any recommendations of the Commission to combat sexual harassment, sexual assault, and other sexual misconduct in the workplace; and (B) conduct a hearing on the Commission's report and recommendations. 4. MEMBERSHIP. (2) The Speaker and the minority leader of the House of Representatives shall each appoint two members. (b) Qualifications.--Each person nominated to the Commission shall be knowledgeable on sexual harassment, sexual assault, or other sexual misconduct or related discrimination in the workplace. (c) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (d) Chairperson; Vice Chairperson.-- (1) Election.--At the initial meeting, the Commission shall select a Chairperson and Vice Chairperson from among its members. (e) Quorum.--Six members of the Commission shall constitute a quorum. 5. POWERS. (b) Hearings.--The Commission may hold such hearings and undertake such other activities as the Commission determines necessary to carry out its duties. Upon request, the Administrator shall provide, on a reimbursable basis, such administrative support as the Commission requests to fulfill its duties. (d) Authority To Use United States 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. 6. STAFF. The Director shall be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the personnel. SEC. 7. SUNSET. The Commission shall terminate on the date that is 60 days after the date on which the Commission submits its report to Congress pursuant to section 3(2).

SHORT TITLE. This Act may be cited as the ``National Commission to Combat Workplace Sexual Harassment Act''. 2. ESTABLISHMENT. 3. DUTIES OF COMMISSION. The Commission shall-- (1) carry out a comprehensive investigation and study of workplace sexual harassment in the United States-- (A) through hearings and testimony taken from-- (i) workers, employers, and contractors in the United States, including in such industries and places of work as hospitality, factories, offices, agriculture, food service, retail, news media, technology, banking, entertainment, and law enforcement regarding their experiences with sexual harassment, sexual assault, and other sexual misconduct in the workplace; (ii) experts in employment discrimination and sex discrimination, including sexual harassment; (iii) members of the public; and (iv) advocates against employment discrimination and sex discrimination, including sexual harassment; and (B) which shall-- (i) summarize findings from the testimony of workers, employers, experts, public witnesses, and advocates, mentioned in paragraph (A) about sexual harassment, sexual assault, and other sexual misconduct in the workplace, including retaliation for reporting such conduct; (ii) include an assessment of the causes and effects of workplace sexual harassment, sexual assault, and other sexual misconduct in the workplace; (iii) evaluate whether and how personal characteristics (such as race, gender, gender identity, sexual orientation, age, income and wealth, geographic location) or employment circumstances (such as self employment, contract, seasonal, permanent, night shift, ``gig'' economy) render individuals more vulnerable to sexual harassment, sexual assault, and other sexual misconduct in the workplace; (iv) evaluate whether and how new forms of communication, such as social media, have had an effect on sexual harassment, sexual assault, and other sexual misconduct in the workplace; (v) analyze whether and how sexual harassment, sexual assault, and other sexual misconduct in the workplace have increased in the United States despite Federal, State, and local legislation aimed at curbing such conduct; (vi) evaluate whether and how reporting occurs about sexual harassment, sexual assault, and other sexual misconduct in the workplace, and whether and how that reporting is impacted by individuals' personal characteristics or employment circumstances; (vii) evaluate the efficacy of current reporting and accountability mechanisms in the private and public sector; (viii) analyze the causes and effects of unreported and underreported sexual harassment, sexual assault, and other sexual misconduct in the workplace, and any disparities between complaints reported and claims resolved on the merits through mechanisms in the public and private sector; and (ix) include a review of private sector, State, and local policies and practices that have had an effect in addressing and preventing sexual harassment, sexual assault, and other sexual misconduct in the workplace, and enforcing prohibitions against such conduct; and (2) not later than 18 months after the date of the enactment of this Act-- (A) submit to the President and the Congress a comprehensive report of the Commission's findings and conclusions, together with any recommendations of the Commission to combat sexual harassment, sexual assault, and other sexual misconduct in the workplace; and (B) conduct a hearing on the Commission's report and recommendations. 4. MEMBERSHIP. (2) The Speaker and the minority leader of the House of Representatives shall each appoint two members. (b) Qualifications.--Each person nominated to the Commission shall be knowledgeable on sexual harassment, sexual assault, or other sexual misconduct or related discrimination in the workplace. (c) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--Any vacancy shall not affect the power and duties of the Commission, but shall be filled in the same manner as the original appointment and made within 90 days of a vacancy on the Commission. (d) Chairperson; Vice Chairperson.-- (1) Election.--At the initial meeting, the Commission shall select a Chairperson and Vice Chairperson from among its members. (e) Quorum.--Six members of the Commission shall constitute a quorum. (f) Compensation.--Each Member of the Commission-- (1) shall not be considered to be a Federal employee for any purpose by reason of service on the Commission; and (2) shall serve without pay. (g) Travel Expenses.--Each Member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their home or regular place of business in performance of services for the Commission. 5. POWERS. (b) Hearings.--The Commission may hold such hearings and undertake such other activities as the Commission determines necessary to carry out its duties. (c) Other Resources.-- (1) Documents, statistical data, and other such information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request, the Administrator shall provide, on a reimbursable basis, such administrative support as the Commission requests to fulfill its duties. (d) Authority To Use United States 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. (2) Termination.--A contract, lease, or other legal agreement entered into by the Commission may not extend beyond the date of termination of the Commission. 6. STAFF. (a) Director.--The Commission shall have a Director who shall be appointed and may be removed by a majority vote of the Commission. The Director shall be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the personnel. SEC. 7. SUNSET. The Commission shall terminate on the date that is 60 days after the date on which the Commission submits its report to Congress pursuant to section 3(2).

To create a national commission to combat workplace sexual harassment, and for other purposes. This Act may be cited as the ``National Commission to Combat Workplace Sexual Harassment Act''. a) Number and Appointment.--The Commission shall be composed of 11 members, at least 6 of whom shall be women, appointed not later than 45 days after the date of the enactment of this Act, as follows: (1) The majority leader and minority leader of the Senate shall each appoint two members. ( c) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. ( (g) Travel Expenses.--Each Member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their home or regular place of business in performance of services for the Commission. c) Other Resources.-- (1) Documents, statistical data, and other such information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. (d) Authority To Use United States 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. ( e) Authority To Contract.-- (1) In general.--To the extent provided in advance in appropriations Acts, the Commission may contract with and compensate government and private agencies or persons for the conduct of activities necessary to the discharge of its duties under section 3, without regard to section 6101 of title 41, United States Code. ( c) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ( d) Detail of Government Employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission.

To create a national commission to combat workplace sexual harassment, and for other purposes. This Act may be cited as the ``National Commission to Combat Workplace Sexual Harassment Act''. a) Number and Appointment.--The Commission shall be composed of 11 members, at least 6 of whom shall be women, appointed not later than 45 days after the date of the enactment of this Act, as follows: (1) The majority leader and minority leader of the Senate shall each appoint two members. ( 2) Vice chairperson.--The Vice Chairperson shall perform the duties of the Chairperson in the event the Chairperson is absent, steps down, or dies. ( f) Compensation.--Each Member of the Commission-- (1) shall not be considered to be a Federal employee for any purpose by reason of service on the Commission; and (2) shall serve without pay. ( (b) Hearings.--The Commission may hold such hearings and undertake such other activities as the Commission determines necessary to carry out its duties. ( 2) Office space and administrative support.--The Administrator of General Services shall make office space available for day-to-day activities of the Commission and for scheduled meetings of the Commission. Such personnel shall be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule and may be removed by the Director, subject to a majority vote of the members of the Commission. c) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ( d) Detail of Government Employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission.

To create a national commission to combat workplace sexual harassment, and for other purposes. This Act may be cited as the ``National Commission to Combat Workplace Sexual Harassment Act''. a) Number and Appointment.--The Commission shall be composed of 11 members, at least 6 of whom shall be women, appointed not later than 45 days after the date of the enactment of this Act, as follows: (1) The majority leader and minority leader of the Senate shall each appoint two members. ( 2) Vice chairperson.--The Vice Chairperson shall perform the duties of the Chairperson in the event the Chairperson is absent, steps down, or dies. ( f) Compensation.--Each Member of the Commission-- (1) shall not be considered to be a Federal employee for any purpose by reason of service on the Commission; and (2) shall serve without pay. ( (b) Hearings.--The Commission may hold such hearings and undertake such other activities as the Commission determines necessary to carry out its duties. ( 2) Office space and administrative support.--The Administrator of General Services shall make office space available for day-to-day activities of the Commission and for scheduled meetings of the Commission. Such personnel shall be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule and may be removed by the Director, subject to a majority vote of the members of the Commission. c) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ( d) Detail of Government Employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission.

To create a national commission to combat workplace sexual harassment, and for other purposes. This Act may be cited as the ``National Commission to Combat Workplace Sexual Harassment Act''. a) Number and Appointment.--The Commission shall be composed of 11 members, at least 6 of whom shall be women, appointed not later than 45 days after the date of the enactment of this Act, as follows: (1) The majority leader and minority leader of the Senate shall each appoint two members. ( c) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. ( (g) Travel Expenses.--Each Member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their home or regular place of business in performance of services for the Commission. c) Other Resources.-- (1) Documents, statistical data, and other such information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. (d) Authority To Use United States 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. ( e) Authority To Contract.-- (1) In general.--To the extent provided in advance in appropriations Acts, the Commission may contract with and compensate government and private agencies or persons for the conduct of activities necessary to the discharge of its duties under section 3, without regard to section 6101 of title 41, United States Code. ( c) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ( d) Detail of Government Employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission.

To create a national commission to combat workplace sexual harassment, and for other purposes. This Act may be cited as the ``National Commission to Combat Workplace Sexual Harassment Act''. a) Number and Appointment.--The Commission shall be composed of 11 members, at least 6 of whom shall be women, appointed not later than 45 days after the date of the enactment of this Act, as follows: (1) The majority leader and minority leader of the Senate shall each appoint two members. ( 2) Vice chairperson.--The Vice Chairperson shall perform the duties of the Chairperson in the event the Chairperson is absent, steps down, or dies. ( f) Compensation.--Each Member of the Commission-- (1) shall not be considered to be a Federal employee for any purpose by reason of service on the Commission; and (2) shall serve without pay. ( (b) Hearings.--The Commission may hold such hearings and undertake such other activities as the Commission determines necessary to carry out its duties. ( 2) Office space and administrative support.--The Administrator of General Services shall make office space available for day-to-day activities of the Commission and for scheduled meetings of the Commission. Such personnel shall be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule and may be removed by the Director, subject to a majority vote of the members of the Commission. c) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ( d) Detail of Government Employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission.

To create a national commission to combat workplace sexual harassment, and for other purposes. This Act may be cited as the ``National Commission to Combat Workplace Sexual Harassment Act''. a) Number and Appointment.--The Commission shall be composed of 11 members, at least 6 of whom shall be women, appointed not later than 45 days after the date of the enactment of this Act, as follows: (1) The majority leader and minority leader of the Senate shall each appoint two members. ( c) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. ( (g) Travel Expenses.--Each Member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their home or regular place of business in performance of services for the Commission. c) Other Resources.-- (1) Documents, statistical data, and other such information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. (d) Authority To Use United States 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. ( e) Authority To Contract.-- (1) In general.--To the extent provided in advance in appropriations Acts, the Commission may contract with and compensate government and private agencies or persons for the conduct of activities necessary to the discharge of its duties under section 3, without regard to section 6101 of title 41, United States Code. ( c) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ( d) Detail of Government Employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission.

To create a national commission to combat workplace sexual harassment, and for other purposes. This Act may be cited as the ``National Commission to Combat Workplace Sexual Harassment Act''. a) Number and Appointment.--The Commission shall be composed of 11 members, at least 6 of whom shall be women, appointed not later than 45 days after the date of the enactment of this Act, as follows: (1) The majority leader and minority leader of the Senate shall each appoint two members. ( 2) Vice chairperson.--The Vice Chairperson shall perform the duties of the Chairperson in the event the Chairperson is absent, steps down, or dies. ( f) Compensation.--Each Member of the Commission-- (1) shall not be considered to be a Federal employee for any purpose by reason of service on the Commission; and (2) shall serve without pay. ( (b) Hearings.--The Commission may hold such hearings and undertake such other activities as the Commission determines necessary to carry out its duties. ( 2) Office space and administrative support.--The Administrator of General Services shall make office space available for day-to-day activities of the Commission and for scheduled meetings of the Commission. Such personnel shall be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule and may be removed by the Director, subject to a majority vote of the members of the Commission. c) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ( d) Detail of Government Employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission.

To create a national commission to combat workplace sexual harassment, and for other purposes. This Act may be cited as the ``National Commission to Combat Workplace Sexual Harassment Act''. a) Number and Appointment.--The Commission shall be composed of 11 members, at least 6 of whom shall be women, appointed not later than 45 days after the date of the enactment of this Act, as follows: (1) The majority leader and minority leader of the Senate shall each appoint two members. ( c) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. ( (g) Travel Expenses.--Each Member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their home or regular place of business in performance of services for the Commission. c) Other Resources.-- (1) Documents, statistical data, and other such information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. (d) Authority To Use United States 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. ( e) Authority To Contract.-- (1) In general.--To the extent provided in advance in appropriations Acts, the Commission may contract with and compensate government and private agencies or persons for the conduct of activities necessary to the discharge of its duties under section 3, without regard to section 6101 of title 41, United States Code. ( c) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ( d) Detail of Government Employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission.

To create a national commission to combat workplace sexual harassment, and for other purposes. This Act may be cited as the ``National Commission to Combat Workplace Sexual Harassment Act''. a) Number and Appointment.--The Commission shall be composed of 11 members, at least 6 of whom shall be women, appointed not later than 45 days after the date of the enactment of this Act, as follows: (1) The majority leader and minority leader of the Senate shall each appoint two members. ( 2) Vice chairperson.--The Vice Chairperson shall perform the duties of the Chairperson in the event the Chairperson is absent, steps down, or dies. ( f) Compensation.--Each Member of the Commission-- (1) shall not be considered to be a Federal employee for any purpose by reason of service on the Commission; and (2) shall serve without pay. ( (b) Hearings.--The Commission may hold such hearings and undertake such other activities as the Commission determines necessary to carry out its duties. ( 2) Office space and administrative support.--The Administrator of General Services shall make office space available for day-to-day activities of the Commission and for scheduled meetings of the Commission. Such personnel shall be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule and may be removed by the Director, subject to a majority vote of the members of the Commission. c) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ( d) Detail of Government Employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission.

To create a national commission to combat workplace sexual harassment, and for other purposes. This Act may be cited as the ``National Commission to Combat Workplace Sexual Harassment Act''. a) Number and Appointment.--The Commission shall be composed of 11 members, at least 6 of whom shall be women, appointed not later than 45 days after the date of the enactment of this Act, as follows: (1) The majority leader and minority leader of the Senate shall each appoint two members. ( c) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. ( (g) Travel Expenses.--Each Member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their home or regular place of business in performance of services for the Commission. c) Other Resources.-- (1) Documents, statistical data, and other such information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. (d) Authority To Use United States 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. ( e) Authority To Contract.-- (1) In general.--To the extent provided in advance in appropriations Acts, the Commission may contract with and compensate government and private agencies or persons for the conduct of activities necessary to the discharge of its duties under section 3, without regard to section 6101 of title 41, United States Code. ( c) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ( d) Detail of Government Employees.--Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission.

National Commission to Combat Workplace Sexual Harassment Act - Establishes the National Commission to combat workplace sexual harassment to: (1) carry out a comprehensive investigation and study of workplace sexual misconduct in the United States through hearings and testimony taken from workers, employers, and contractors in such industries and places of work as hospitality, factories, offices, agriculture, food service, retail, news media Authorizes the Commission to use the United States mails in the same manner and under the same conditions as other departments and agencies of the federal government. (Sec. 6) Requires the Administrator of General Services to make office space available for day-to-day activities of the Commission and for scheduled meetings. (SEC. 7) Authorizes the Director of the Office of Management and

S.2791

Education

Tyler Clementi Higher Education Anti-Harassment Act of 2021 This bill addresses harassment at institutions of higher education (IHEs). Specifically, the bill requires each IHE to include in its annual security report a statement of policy regarding harassment on the basis of a student's actual or perceived race, color, national origin, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), disability, or religion. In addition, the Department of Education may award grants to IHEs to initiate, expand, or improve programs to (1) prevent the harassment of students; (2) provide counseling or redress services to students who have been harassed or accused of subjecting other students to harassment; or (3) educate and train students, faculty, or staff to prevent harassment or address harassment if it occurs.

To prevent harassment at institutions of higher education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tyler Clementi Higher Education Anti-Harassment Act of 2021''. SEC. 2. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS. Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) by striking the subsection heading and inserting ``Disclosure of Campus Security and Harassment Policy and Campus Crime Statistics.''; (2) in paragraph (6)(A)-- (A) by redesignating clauses (iii), (iv), and (v) as clauses (vi), (vii), and (viii), respectively; and (B) by inserting after clause (ii) the following: ``(iii) The term `commercial mobile service' has the meaning given the term in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)). ``(iv) The term `electronic communication' means any transfer of signs, signals, writing, images, sounds, or data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system. ``(v) The term `electronic messaging services' has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001).''; (3) by redesignating paragraphs (9) through (18) as paragraphs (10) through (19), respectively; and (4) by inserting after paragraph (8) the following: ``(9)(A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1)-- ``(i) a statement of policy regarding harassment on the basis of a student's actual or perceived race, color, national origin, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), disability, or religion, which shall include-- ``(I) a prohibition of such harassment of enrolled students by other students, faculty, and staff-- ``(aa) on campus; ``(bb) in noncampus buildings or on noncampus property; ``(cc) on public property; ``(dd) in dormitories or other residential facilities for students on campus; ``(ee) through the use of electronic mail addresses issued by the institution of higher education; ``(ff) through the use of computers and communication networks, including any telecommunications service, owned, operated, or contracted for use by the institution of higher education or its agents; or ``(gg) during an activity sponsored by the institution of higher education or carried out with the use of resources provided by the institution of higher education; ``(II) a prohibition of such harassment that is carried out in whole or in part through the use of electronic messaging services, commercial mobile services, electronic communications, or other technology; ``(III) a description of the institution's programs to combat harassment, which shall be aimed at the prevention of harassment; ``(IV) a description of the procedures that a student should follow if an incident of harassment occurs; and ``(V) a description of the procedures that the institution will follow once an incident of harassment has been reported; and ``(ii) a detailed description of each occasion in which a pattern of harassment occurs based on one or more of the characteristics described in clause (i) and the actions taken by the institution of higher education. ``(B) The statement of policy described in subparagraph (A)(i) shall address the following areas: ``(i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. ``(ii) Possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding harassment. ``(iii) Notification of existing counseling, mental health, or student and employee services for victims or perpetrators of harassment, both on campus and in the community. ``(iv) Identification of a designated employee or office at the institution that will be responsible for receiving and tracking each report of harassment by a student, faculty, or staff member.''. SEC. 3. ANTI-HARASSMENT COMPETITIVE GRANT PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) an institution of higher education, including an institution of higher education in a collaborative partnership with a nonprofit organization; or (B) a consortium of institutions of higher education located in the same State. (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (b) Program Authorized.--The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d). (c) Amount of Grant Awards.--The Secretary shall ensure that each grant awarded under this section is of sufficient amount to enable the grantee to meet the purpose of this section. (d) Authorized Activities.--An eligible entity that receives a grant under this section shall use the funds made available through the grant to address harassment on the basis of one or more of the characteristics described in section 485(f)(9)(A)(i) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(9)(A)(i)), as amended by section 2 of this Act, by initiating, expanding, or improving programs-- (1) to prevent the harassment of students at institutions of higher education; (2) at institutions of higher education that provide counseling or redress services to students who have suffered such harassment or students who have been accused of subjecting other students to such harassment; or (3) that educate or train students, faculty, or staff of institutions of higher education about ways to recognize and prevent harassment or ways to address such harassment if it occurs. (e) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information, as the Secretary may require. (f) Duration; Renewal.--A grant under this section shall be awarded for a period of not more than 3 years. The Secretary may renew a grant under this section for one additional period of not more than 2 years. (g) Award Considerations.--In awarding a grant under this section, the Secretary shall select eligible entities that demonstrate the greatest need for a grant and the greatest potential benefit from receipt of a grant. (h) Report and Evaluation.-- (1) Evaluation and report to the secretary.--Not later than 6 months after the end of the eligible entity's grant period, the eligible entity shall-- (A) evaluate the effectiveness of the activities carried out with the use of funds awarded pursuant to this section; and (B) prepare and submit to the Secretary a report on the results of the evaluation conducted by the entity. (2) Evaluation and report to congress.--Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. (B) The anti-harassment programs being implemented with assistance under this section and the costs of such programs. (C) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this section in decreasing incidents of harassment at institutions of higher education. (3) Best practices report.--The Secretary shall use the information provided under paragraph (1) to publish a report of evidence-based best practices for combating harassment at institutions of higher education, which shall be based on scientific research that meets nationally recognized standards. The report shall be made available to all institutions of higher education and other interested parties. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2027. SEC. 4. EFFECT ON OTHER LAWS. Nothing in this Act shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this Act are in addition to those imposed by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). <all>

Tyler Clementi Higher Education Anti-Harassment Act of 2021

A bill to prevent harassment at institutions of higher education, and for other purposes.

Tyler Clementi Higher Education Anti-Harassment Act of 2021

Sen. Murray, Patty

D

WA

This bill addresses harassment at institutions of higher education (IHEs). Specifically, the bill requires each IHE to include in its annual security report a statement of policy regarding harassment on the basis of a student's actual or perceived race, color, national origin, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), disability, or religion. In addition, the Department of Education may award grants to IHEs to initiate, expand, or improve programs to (1) prevent the harassment of students; (2) provide counseling or redress services to students who have been harassed or accused of subjecting other students to harassment; or (3) educate and train students, faculty, or staff to prevent harassment or address harassment if it occurs.

To prevent harassment at institutions of higher education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS. 1092(f)) is amended-- (1) by striking the subsection heading and inserting ``Disclosure of Campus Security and Harassment Policy and Campus Crime Statistics. ''; (2) in paragraph (6)(A)-- (A) by redesignating clauses (iii), (iv), and (v) as clauses (vi), (vii), and (viii), respectively; and (B) by inserting after clause (ii) the following: ``(iii) The term `commercial mobile service' has the meaning given the term in section 332(d) of the Communications Act of 1934 (47 U.S.C. ``(iv) The term `electronic communication' means any transfer of signs, signals, writing, images, sounds, or data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system. 1001). ``(B) The statement of policy described in subparagraph (A)(i) shall address the following areas: ``(i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. ``(ii) Possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding harassment. ``(iv) Identification of a designated employee or office at the institution that will be responsible for receiving and tracking each report of harassment by a student, faculty, or staff member.''. 3. (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (b) Program Authorized.--The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d). The Secretary may renew a grant under this section for one additional period of not more than 2 years. (h) Report and Evaluation.-- (1) Evaluation and report to the secretary.--Not later than 6 months after the end of the eligible entity's grant period, the eligible entity shall-- (A) evaluate the effectiveness of the activities carried out with the use of funds awarded pursuant to this section; and (B) prepare and submit to the Secretary a report on the results of the evaluation conducted by the entity. (3) Best practices report.--The Secretary shall use the information provided under paragraph (1) to publish a report of evidence-based best practices for combating harassment at institutions of higher education, which shall be based on scientific research that meets nationally recognized standards. The report shall be made available to all institutions of higher education and other interested parties. SEC. 4. EFFECT ON OTHER LAWS. 2000d et seq. ), title IX of the Education Amendments of 1972 (20 U.S.C. ), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 U.S.C.

To prevent harassment at institutions of higher education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS. 1092(f)) is amended-- (1) by striking the subsection heading and inserting ``Disclosure of Campus Security and Harassment Policy and Campus Crime Statistics. ''; (2) in paragraph (6)(A)-- (A) by redesignating clauses (iii), (iv), and (v) as clauses (vi), (vii), and (viii), respectively; and (B) by inserting after clause (ii) the following: ``(iii) The term `commercial mobile service' has the meaning given the term in section 332(d) of the Communications Act of 1934 (47 U.S.C. ``(iv) The term `electronic communication' means any transfer of signs, signals, writing, images, sounds, or data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system. ``(ii) Possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding harassment. 3. (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (b) Program Authorized.--The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d). The Secretary may renew a grant under this section for one additional period of not more than 2 years. (h) Report and Evaluation.-- (1) Evaluation and report to the secretary.--Not later than 6 months after the end of the eligible entity's grant period, the eligible entity shall-- (A) evaluate the effectiveness of the activities carried out with the use of funds awarded pursuant to this section; and (B) prepare and submit to the Secretary a report on the results of the evaluation conducted by the entity. The report shall be made available to all institutions of higher education and other interested parties. SEC. 4. EFFECT ON OTHER LAWS. 2000d et seq. ), title IX of the Education Amendments of 1972 (20 U.S.C. ), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 U.S.C.

To prevent harassment at institutions of higher education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS. 1092(f)) is amended-- (1) by striking the subsection heading and inserting ``Disclosure of Campus Security and Harassment Policy and Campus Crime Statistics. ''; (2) in paragraph (6)(A)-- (A) by redesignating clauses (iii), (iv), and (v) as clauses (vi), (vii), and (viii), respectively; and (B) by inserting after clause (ii) the following: ``(iii) The term `commercial mobile service' has the meaning given the term in section 332(d) of the Communications Act of 1934 (47 U.S.C. ``(iv) The term `electronic communication' means any transfer of signs, signals, writing, images, sounds, or data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system. 1001). ``(B) The statement of policy described in subparagraph (A)(i) shall address the following areas: ``(i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. ``(ii) Possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding harassment. ``(iii) Notification of existing counseling, mental health, or student and employee services for victims or perpetrators of harassment, both on campus and in the community. ``(iv) Identification of a designated employee or office at the institution that will be responsible for receiving and tracking each report of harassment by a student, faculty, or staff member.''. 3. (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (b) Program Authorized.--The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d). The Secretary may renew a grant under this section for one additional period of not more than 2 years. (g) Award Considerations.--In awarding a grant under this section, the Secretary shall select eligible entities that demonstrate the greatest need for a grant and the greatest potential benefit from receipt of a grant. (h) Report and Evaluation.-- (1) Evaluation and report to the secretary.--Not later than 6 months after the end of the eligible entity's grant period, the eligible entity shall-- (A) evaluate the effectiveness of the activities carried out with the use of funds awarded pursuant to this section; and (B) prepare and submit to the Secretary a report on the results of the evaluation conducted by the entity. (3) Best practices report.--The Secretary shall use the information provided under paragraph (1) to publish a report of evidence-based best practices for combating harassment at institutions of higher education, which shall be based on scientific research that meets nationally recognized standards. The report shall be made available to all institutions of higher education and other interested parties. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2027. SEC. 4. EFFECT ON OTHER LAWS. Nothing in this Act shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 (20 U.S.C. ), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 U.S.C.

To prevent harassment at institutions of higher education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tyler Clementi Higher Education Anti-Harassment Act of 2021''. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS. 1092(f)) is amended-- (1) by striking the subsection heading and inserting ``Disclosure of Campus Security and Harassment Policy and Campus Crime Statistics. ''; (2) in paragraph (6)(A)-- (A) by redesignating clauses (iii), (iv), and (v) as clauses (vi), (vii), and (viii), respectively; and (B) by inserting after clause (ii) the following: ``(iii) The term `commercial mobile service' has the meaning given the term in section 332(d) of the Communications Act of 1934 (47 U.S.C. ``(iv) The term `electronic communication' means any transfer of signs, signals, writing, images, sounds, or data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system. 1001). ''; (3) by redesignating paragraphs (9) through (18) as paragraphs (10) through (19), respectively; and (4) by inserting after paragraph (8) the following: ``(9)(A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1)-- ``(i) a statement of policy regarding harassment on the basis of a student's actual or perceived race, color, national origin, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), disability, or religion, which shall include-- ``(I) a prohibition of such harassment of enrolled students by other students, faculty, and staff-- ``(aa) on campus; ``(bb) in noncampus buildings or on noncampus property; ``(cc) on public property; ``(dd) in dormitories or other residential facilities for students on campus; ``(ee) through the use of electronic mail addresses issued by the institution of higher education; ``(ff) through the use of computers and communication networks, including any telecommunications service, owned, operated, or contracted for use by the institution of higher education or its agents; or ``(gg) during an activity sponsored by the institution of higher education or carried out with the use of resources provided by the institution of higher education; ``(II) a prohibition of such harassment that is carried out in whole or in part through the use of electronic messaging services, commercial mobile services, electronic communications, or other technology; ``(III) a description of the institution's programs to combat harassment, which shall be aimed at the prevention of harassment; ``(IV) a description of the procedures that a student should follow if an incident of harassment occurs; and ``(V) a description of the procedures that the institution will follow once an incident of harassment has been reported; and ``(ii) a detailed description of each occasion in which a pattern of harassment occurs based on one or more of the characteristics described in clause (i) and the actions taken by the institution of higher education. ``(B) The statement of policy described in subparagraph (A)(i) shall address the following areas: ``(i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. ``(ii) Possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding harassment. ``(iii) Notification of existing counseling, mental health, or student and employee services for victims or perpetrators of harassment, both on campus and in the community. ``(iv) Identification of a designated employee or office at the institution that will be responsible for receiving and tracking each report of harassment by a student, faculty, or staff member.''. 3. (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (b) Program Authorized.--The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d). The Secretary may renew a grant under this section for one additional period of not more than 2 years. (g) Award Considerations.--In awarding a grant under this section, the Secretary shall select eligible entities that demonstrate the greatest need for a grant and the greatest potential benefit from receipt of a grant. (h) Report and Evaluation.-- (1) Evaluation and report to the secretary.--Not later than 6 months after the end of the eligible entity's grant period, the eligible entity shall-- (A) evaluate the effectiveness of the activities carried out with the use of funds awarded pursuant to this section; and (B) prepare and submit to the Secretary a report on the results of the evaluation conducted by the entity. (3) Best practices report.--The Secretary shall use the information provided under paragraph (1) to publish a report of evidence-based best practices for combating harassment at institutions of higher education, which shall be based on scientific research that meets nationally recognized standards. The report shall be made available to all institutions of higher education and other interested parties. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2027. SEC. 4. EFFECT ON OTHER LAWS. Nothing in this Act shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

To prevent harassment at institutions of higher education, and for other purposes. ``(v) The term `electronic messaging services' has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001). ``(B) The statement of policy described in subparagraph (A)(i) shall address the following areas: ``(i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) an institution of higher education, including an institution of higher education in a collaborative partnership with a nonprofit organization; or (B) a consortium of institutions of higher education located in the same State. ( (c) Amount of Grant Awards.--The Secretary shall ensure that each grant awarded under this section is of sufficient amount to enable the grantee to meet the purpose of this section. ( e) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information, as the Secretary may require. ( The Secretary may renew a grant under this section for one additional period of not more than 2 years. ( 2) Evaluation and report to congress.--Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. ( (3) Best practices report.--The Secretary shall use the information provided under paragraph (1) to publish a report of evidence-based best practices for combating harassment at institutions of higher education, which shall be based on scientific research that meets nationally recognized standards. section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

To prevent harassment at institutions of higher education, and for other purposes. ``(v) The term `electronic messaging services' has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001). ``(B) The statement of policy described in subparagraph (A)(i) shall address the following areas: ``(i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. b) Program Authorized.--The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d). ( 1092(f)(9)(A)(i)), as amended by section 2 of this Act, by initiating, expanding, or improving programs-- (1) to prevent the harassment of students at institutions of higher education; (2) at institutions of higher education that provide counseling or redress services to students who have suffered such harassment or students who have been accused of subjecting other students to such harassment; or (3) that educate or train students, faculty, or staff of institutions of higher education about ways to recognize and prevent harassment or ways to address such harassment if it occurs. ( 2) Evaluation and report to congress.--Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. ( (C) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this section in decreasing incidents of harassment at institutions of higher education. ( title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. ), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

To prevent harassment at institutions of higher education, and for other purposes. ``(v) The term `electronic messaging services' has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001). ``(B) The statement of policy described in subparagraph (A)(i) shall address the following areas: ``(i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. b) Program Authorized.--The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d). ( 1092(f)(9)(A)(i)), as amended by section 2 of this Act, by initiating, expanding, or improving programs-- (1) to prevent the harassment of students at institutions of higher education; (2) at institutions of higher education that provide counseling or redress services to students who have suffered such harassment or students who have been accused of subjecting other students to such harassment; or (3) that educate or train students, faculty, or staff of institutions of higher education about ways to recognize and prevent harassment or ways to address such harassment if it occurs. ( 2) Evaluation and report to congress.--Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. ( (C) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this section in decreasing incidents of harassment at institutions of higher education. ( title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. ), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

To prevent harassment at institutions of higher education, and for other purposes. ``(v) The term `electronic messaging services' has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001). ``(B) The statement of policy described in subparagraph (A)(i) shall address the following areas: ``(i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) an institution of higher education, including an institution of higher education in a collaborative partnership with a nonprofit organization; or (B) a consortium of institutions of higher education located in the same State. ( (c) Amount of Grant Awards.--The Secretary shall ensure that each grant awarded under this section is of sufficient amount to enable the grantee to meet the purpose of this section. ( e) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information, as the Secretary may require. ( The Secretary may renew a grant under this section for one additional period of not more than 2 years. ( 2) Evaluation and report to congress.--Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. ( (3) Best practices report.--The Secretary shall use the information provided under paragraph (1) to publish a report of evidence-based best practices for combating harassment at institutions of higher education, which shall be based on scientific research that meets nationally recognized standards. section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

To prevent harassment at institutions of higher education, and for other purposes. ``(v) The term `electronic messaging services' has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001). ``(B) The statement of policy described in subparagraph (A)(i) shall address the following areas: ``(i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. b) Program Authorized.--The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d). ( 1092(f)(9)(A)(i)), as amended by section 2 of this Act, by initiating, expanding, or improving programs-- (1) to prevent the harassment of students at institutions of higher education; (2) at institutions of higher education that provide counseling or redress services to students who have suffered such harassment or students who have been accused of subjecting other students to such harassment; or (3) that educate or train students, faculty, or staff of institutions of higher education about ways to recognize and prevent harassment or ways to address such harassment if it occurs. ( 2) Evaluation and report to congress.--Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. ( (C) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this section in decreasing incidents of harassment at institutions of higher education. ( title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. ), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

To prevent harassment at institutions of higher education, and for other purposes. ``(v) The term `electronic messaging services' has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001). ``(B) The statement of policy described in subparagraph (A)(i) shall address the following areas: ``(i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) an institution of higher education, including an institution of higher education in a collaborative partnership with a nonprofit organization; or (B) a consortium of institutions of higher education located in the same State. ( (c) Amount of Grant Awards.--The Secretary shall ensure that each grant awarded under this section is of sufficient amount to enable the grantee to meet the purpose of this section. ( e) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information, as the Secretary may require. ( The Secretary may renew a grant under this section for one additional period of not more than 2 years. ( 2) Evaluation and report to congress.--Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. ( (3) Best practices report.--The Secretary shall use the information provided under paragraph (1) to publish a report of evidence-based best practices for combating harassment at institutions of higher education, which shall be based on scientific research that meets nationally recognized standards. section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

To prevent harassment at institutions of higher education, and for other purposes. ``(v) The term `electronic messaging services' has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001). ``(B) The statement of policy described in subparagraph (A)(i) shall address the following areas: ``(i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. b) Program Authorized.--The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d). ( 1092(f)(9)(A)(i)), as amended by section 2 of this Act, by initiating, expanding, or improving programs-- (1) to prevent the harassment of students at institutions of higher education; (2) at institutions of higher education that provide counseling or redress services to students who have suffered such harassment or students who have been accused of subjecting other students to such harassment; or (3) that educate or train students, faculty, or staff of institutions of higher education about ways to recognize and prevent harassment or ways to address such harassment if it occurs. ( 2) Evaluation and report to congress.--Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. ( (C) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this section in decreasing incidents of harassment at institutions of higher education. ( title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. ), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

To prevent harassment at institutions of higher education, and for other purposes. ``(v) The term `electronic messaging services' has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001). ``(B) The statement of policy described in subparagraph (A)(i) shall address the following areas: ``(i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) an institution of higher education, including an institution of higher education in a collaborative partnership with a nonprofit organization; or (B) a consortium of institutions of higher education located in the same State. ( (c) Amount of Grant Awards.--The Secretary shall ensure that each grant awarded under this section is of sufficient amount to enable the grantee to meet the purpose of this section. ( e) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information, as the Secretary may require. ( The Secretary may renew a grant under this section for one additional period of not more than 2 years. ( 2) Evaluation and report to congress.--Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. ( (3) Best practices report.--The Secretary shall use the information provided under paragraph (1) to publish a report of evidence-based best practices for combating harassment at institutions of higher education, which shall be based on scientific research that meets nationally recognized standards. section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

To prevent harassment at institutions of higher education, and for other purposes. ``(v) The term `electronic messaging services' has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001). ``(B) The statement of policy described in subparagraph (A)(i) shall address the following areas: ``(i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. b) Program Authorized.--The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d). ( 1092(f)(9)(A)(i)), as amended by section 2 of this Act, by initiating, expanding, or improving programs-- (1) to prevent the harassment of students at institutions of higher education; (2) at institutions of higher education that provide counseling or redress services to students who have suffered such harassment or students who have been accused of subjecting other students to such harassment; or (3) that educate or train students, faculty, or staff of institutions of higher education about ways to recognize and prevent harassment or ways to address such harassment if it occurs. ( 2) Evaluation and report to congress.--Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. ( (C) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this section in decreasing incidents of harassment at institutions of higher education. ( title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. ), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

To prevent harassment at institutions of higher education, and for other purposes. c) Amount of Grant Awards.--The Secretary shall ensure that each grant awarded under this section is of sufficient amount to enable the grantee to meet the purpose of this section. ( ( 2) Evaluation and report to congress.--Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. ( ( section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

Tyler Clementi Higher Education Anti-Harassment Act of 2021 - Amends the Higher Education Act of 1965 to require each institution of higher education participating in any program under title IV (Student Assistance) of such Act to develop and distribute as part of its annual report a statement of policy regarding harassment on the basis of a student's actual or perceived race, color, national origin, Directs the Secretary of Education to publish a report of evidence-based best practices for combating harassment at institutions of higher education, which shall be based on scientific research that meets nationally recognized standards. (Sec. 4) Authorizes appropriations for FY 2022-FY2027 for the FY22-FY27 program. Requires the Secretary to award grants to eligible entities to: (1) evaluate

S.3391

Finance and Financial Sector

Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2021 This bill exempts from securities registration requirements certain merger-and-acquisition brokers that facilitate transfer of ownership in privately held companies with earnings or revenues under a specified threshold. However, this exemption shall not apply to certain brokers, including those that provide financing related to the transfer of ownership, engage on behalf of any party in a transaction involving specified shell companies, or are subject to suspension or revocation of registration.

To amend the Securities Exchange Act of 1934 to establish a registration exemption for merger and acquisition brokers, and for other purposes. Be it enacted by the Senate 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 Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2021''. SEC. 2. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS. (a) In General.--Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following: ``(13) Registration exemption for merger and acquisition brokers.-- ``(A) Definitions.--In this paragraph: ``(i) Business combination related shell company.--The term `business combination related shell company' means a shell company that is formed by an entity that is not a shell company solely for the purpose of-- ``(I) changing the corporate domicile of that entity solely within the United States; or ``(II) completing a business combination transaction (as defined in section 230.165(f) of title 17, Code of Federal Regulations, or any successor regulation) among not less than 1 entity other than the company itself, none of which is a shell company. ``(ii) Control.-- ``(I) In general.--The term `control' means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. ``(II) Presumption.--For the purposes of subclause (I), there shall be a presumption of control if, upon completion of a transaction, a buyer or group of buyers-- ``(aa) has the right to vote 25 percent or more of a class of voting securities or the power to sell or direct the sale of 25 percent or more of a class of voting securities; or ``(bb) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 25 percent or more of the capital. ``(iii) Eligible privately held company.-- The term `eligible privately held company' means a privately held company that meets both of the following conditions: ``(I) The company does not have any class of securities-- ``(aa) registered, or required to be registered, with the Commission under section 12; or ``(bb) with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d). ``(II)(aa) In the fiscal year ending immediately before the fiscal year in which the services of an M&A broker are initially engaged with respect to a securities transaction, the company meets either of the following conditions (determined in accordance with the historical financial accounting records of the company): ``(AA) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. ``(BB) The gross revenues of the company are less than $250,000,000. ``(bb) For purposes of this subclause, the Commission may, by rule, modify the dollar figures in subitem (AA) or (BB) of item (aa) if the Commission determines that such a modification is necessary or appropriate in the public interest or for the protection of investors. ``(iv) M&A broker.--The term `M&A broker' means a broker, and any person associated with a broker, engaged in the business of effecting securities transactions solely in connection with the transfer of ownership of an eligible privately held company, regardless of whether the broker acts on behalf of a seller or buyer, through the purchase, sale, exchange, issuance, repurchase, or redemption of, or a business combination involving, securities or assets of the eligible privately held company, if the broker reasonably believes that-- ``(I) upon consummation of the transaction, any person acquiring securities or assets of the eligible privately held company, acting alone or in concert-- ``(aa) will control the eligible privately held company or the business conducted with the assets of the eligible privately held company; and ``(bb) directly or indirectly, will be active in the management of the eligible privately held company or the business conducted with the assets of the eligible privately held company, including without limitation, by-- ``(AA) electing executive officers; ``(BB) approving the annual budget; ``(CC) serving as an executive or other executive manager; or ``(DD) carrying out such other activities as the Commission may, by rule, determine to be in the public interest; and ``(II) if any person is offered securities in exchange for securities or assets of the eligible privately held company, that person will, before becoming legally bound to consummate the transaction, receive or have reasonable access to-- ``(aa) the most recent fiscal year-end financial statements of the issuer of the securities, as customarily prepared by the management of the issuer in the normal course of operations; and ``(bb) if the financial statements of the issuer are audited, reviewed, or compiled-- ``(AA) any related statement by the independent accountant; ``(BB) a balance sheet dated not more than 120 days before the date of the offer; and ``(CC) information pertaining to the management, business, results of operations for the period covered by the foregoing financial statements and material loss contingencies of the issuer. ``(v) Shell company.--The term `shell company' means a company that, as of the date of a transaction with an eligible privately held company-- ``(I) has no or nominal operations; and ``(II) has-- ``(aa) no or nominal assets; ``(bb) assets consisting solely of cash and cash equivalents; or ``(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. ``(B) Exemption.--Except as provided in subparagraph (C), an M&A broker shall be exempt from registration under this section. ``(C) Excluded activities.--An M&A broker is not exempt from registration under this paragraph if the M&A broker does any of the following: ``(i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction. ``(ii) Engages on behalf of an issuer in a public offering of any class of securities-- ``(I) that is registered, or is required to be registered, with the Commission under section 12; or ``(II) with respect to which the issuer files, or is required to file, period information, documents, and reports under subsection (d). ``(iii) Engages on behalf of any party in a transaction involving a shell company, other than a business combination related shell company. ``(iv) Directly, or indirectly through any of its affiliates, provides financing relating to the transfer of ownership of an eligible privately held company. ``(v) Assists any party to obtain financing from an unaffiliated third party without-- ``(I) complying with all other applicable laws in connection with such assistance, including, if applicable, part 220 of title 12, Code of Federal Regulations, or any successor regulations; and ``(II) disclosing any compensation in writing to the party. ``(vi) Represents both the buyer and the seller in the same transaction without-- ``(I) providing clear written disclosure with respect to the parties the broker represents; and ``(II) obtaining written consent from both parties to the joint representation. ``(vii) Facilitates a transaction with a group of buyers formed with the assistance of the M&A broker to acquire the eligible privately held company. ``(viii) Engages in a transaction involving the transfer of ownership of an eligible privately held company to a passive buyer or group of passive buyers. ``(ix) Binds a party to a transfer of ownership of an eligible privately held company. ``(D) Disqualification.--An M&A broker is not exempt from registration under this paragraph if the M&A broker (and, as applicable, any officer, director, member, manager, partner, or employee of the M&A broker)-- ``(i) has been barred from association with a broker or dealer by the Commission, any State, or any self-regulatory organization; or ``(ii) is suspended from association with a broker or dealer. ``(E) Rule of construction.--Nothing in this paragraph may be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. ``(F) Inflation adjustment.-- ``(i) In general.--On the date that is 5 years after the date of enactment of this paragraph, and every 5 years thereafter, each dollar amount in subparagraph (A)(iii)(II)(aa) shall be adjusted by-- ``(I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index (or successor) for the calendar year ending December 31, 2020; and ``(II) multiplying such dollar amount by the quotient obtained under subclause (I). ``(ii) Rounding.--Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 90 days after the date of enactment of this Act. <all>

Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2021

A bill to amend the Securities Exchange Act of 1934 to establish a registration exemption for merger and acquisition brokers, and for other purposes.

Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2021

Sen. Kennedy, John

R

LA

This bill exempts from securities registration requirements certain merger-and-acquisition brokers that facilitate transfer of ownership in privately held companies with earnings or revenues under a specified threshold. However, this exemption shall not apply to certain brokers, including those that provide financing related to the transfer of ownership, engage on behalf of any party in a transaction involving specified shell companies, or are subject to suspension or revocation of registration.

Be it enacted by the Senate 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 Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2021''. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS. (a) In General.--Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. ``(II) Presumption.--For the purposes of subclause (I), there shall be a presumption of control if, upon completion of a transaction, a buyer or group of buyers-- ``(aa) has the right to vote 25 percent or more of a class of voting securities or the power to sell or direct the sale of 25 percent or more of a class of voting securities; or ``(bb) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 25 percent or more of the capital. ``(BB) The gross revenues of the company are less than $250,000,000. ``(v) Shell company.--The term `shell company' means a company that, as of the date of a transaction with an eligible privately held company-- ``(I) has no or nominal operations; and ``(II) has-- ``(aa) no or nominal assets; ``(bb) assets consisting solely of cash and cash equivalents; or ``(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. ``(ii) Engages on behalf of an issuer in a public offering of any class of securities-- ``(I) that is registered, or is required to be registered, with the Commission under section 12; or ``(II) with respect to which the issuer files, or is required to file, period information, documents, and reports under subsection (d). ``(iv) Directly, or indirectly through any of its affiliates, provides financing relating to the transfer of ownership of an eligible privately held company. ``(ix) Binds a party to a transfer of ownership of an eligible privately held company. ``(E) Rule of construction.--Nothing in this paragraph may be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. ``(F) Inflation adjustment.-- ``(i) In general.--On the date that is 5 years after the date of enactment of this paragraph, and every 5 years thereafter, each dollar amount in subparagraph (A)(iii)(II)(aa) shall be adjusted by-- ``(I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index (or successor) for the calendar year ending December 31, 2020; and ``(II) multiplying such dollar amount by the quotient obtained under subclause (I).

SHORT TITLE. This Act may be cited as the ``Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2021''. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS. ``(BB) The gross revenues of the company are less than $250,000,000. ``(v) Shell company.--The term `shell company' means a company that, as of the date of a transaction with an eligible privately held company-- ``(I) has no or nominal operations; and ``(II) has-- ``(aa) no or nominal assets; ``(bb) assets consisting solely of cash and cash equivalents; or ``(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. ``(ii) Engages on behalf of an issuer in a public offering of any class of securities-- ``(I) that is registered, or is required to be registered, with the Commission under section 12; or ``(II) with respect to which the issuer files, or is required to file, period information, documents, and reports under subsection (d). ``(ix) Binds a party to a transfer of ownership of an eligible privately held company. ``(E) Rule of construction.--Nothing in this paragraph may be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. ``(F) Inflation adjustment.-- ``(i) In general.--On the date that is 5 years after the date of enactment of this paragraph, and every 5 years thereafter, each dollar amount in subparagraph (A)(iii)(II)(aa) shall be adjusted by-- ``(I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index (or successor) for the calendar year ending December 31, 2020; and ``(II) multiplying such dollar amount by the quotient obtained under subclause (I).

Be it enacted by the Senate 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 Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2021''. SEC. 2. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS. (a) In General.--Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. ``(II) Presumption.--For the purposes of subclause (I), there shall be a presumption of control if, upon completion of a transaction, a buyer or group of buyers-- ``(aa) has the right to vote 25 percent or more of a class of voting securities or the power to sell or direct the sale of 25 percent or more of a class of voting securities; or ``(bb) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 25 percent or more of the capital. ``(II)(aa) In the fiscal year ending immediately before the fiscal year in which the services of an M&A broker are initially engaged with respect to a securities transaction, the company meets either of the following conditions (determined in accordance with the historical financial accounting records of the company): ``(AA) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. ``(BB) The gross revenues of the company are less than $250,000,000. ``(v) Shell company.--The term `shell company' means a company that, as of the date of a transaction with an eligible privately held company-- ``(I) has no or nominal operations; and ``(II) has-- ``(aa) no or nominal assets; ``(bb) assets consisting solely of cash and cash equivalents; or ``(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. ``(ii) Engages on behalf of an issuer in a public offering of any class of securities-- ``(I) that is registered, or is required to be registered, with the Commission under section 12; or ``(II) with respect to which the issuer files, or is required to file, period information, documents, and reports under subsection (d). ``(iii) Engages on behalf of any party in a transaction involving a shell company, other than a business combination related shell company. ``(iv) Directly, or indirectly through any of its affiliates, provides financing relating to the transfer of ownership of an eligible privately held company. ``(v) Assists any party to obtain financing from an unaffiliated third party without-- ``(I) complying with all other applicable laws in connection with such assistance, including, if applicable, part 220 of title 12, Code of Federal Regulations, or any successor regulations; and ``(II) disclosing any compensation in writing to the party. ``(vi) Represents both the buyer and the seller in the same transaction without-- ``(I) providing clear written disclosure with respect to the parties the broker represents; and ``(II) obtaining written consent from both parties to the joint representation. ``(ix) Binds a party to a transfer of ownership of an eligible privately held company. ``(D) Disqualification.--An M&A broker is not exempt from registration under this paragraph if the M&A broker (and, as applicable, any officer, director, member, manager, partner, or employee of the M&A broker)-- ``(i) has been barred from association with a broker or dealer by the Commission, any State, or any self-regulatory organization; or ``(ii) is suspended from association with a broker or dealer. ``(E) Rule of construction.--Nothing in this paragraph may be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. ``(F) Inflation adjustment.-- ``(i) In general.--On the date that is 5 years after the date of enactment of this paragraph, and every 5 years thereafter, each dollar amount in subparagraph (A)(iii)(II)(aa) shall be adjusted by-- ``(I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index (or successor) for the calendar year ending December 31, 2020; and ``(II) multiplying such dollar amount by the quotient obtained under subclause (I).

Be it enacted by the Senate 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 Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2021''. SEC. 2. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS. (a) In General.--Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. ``(II) Presumption.--For the purposes of subclause (I), there shall be a presumption of control if, upon completion of a transaction, a buyer or group of buyers-- ``(aa) has the right to vote 25 percent or more of a class of voting securities or the power to sell or direct the sale of 25 percent or more of a class of voting securities; or ``(bb) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 25 percent or more of the capital. ``(II)(aa) In the fiscal year ending immediately before the fiscal year in which the services of an M&A broker are initially engaged with respect to a securities transaction, the company meets either of the following conditions (determined in accordance with the historical financial accounting records of the company): ``(AA) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. ``(BB) The gross revenues of the company are less than $250,000,000. ``(v) Shell company.--The term `shell company' means a company that, as of the date of a transaction with an eligible privately held company-- ``(I) has no or nominal operations; and ``(II) has-- ``(aa) no or nominal assets; ``(bb) assets consisting solely of cash and cash equivalents; or ``(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. ``(ii) Engages on behalf of an issuer in a public offering of any class of securities-- ``(I) that is registered, or is required to be registered, with the Commission under section 12; or ``(II) with respect to which the issuer files, or is required to file, period information, documents, and reports under subsection (d). ``(iii) Engages on behalf of any party in a transaction involving a shell company, other than a business combination related shell company. ``(iv) Directly, or indirectly through any of its affiliates, provides financing relating to the transfer of ownership of an eligible privately held company. ``(v) Assists any party to obtain financing from an unaffiliated third party without-- ``(I) complying with all other applicable laws in connection with such assistance, including, if applicable, part 220 of title 12, Code of Federal Regulations, or any successor regulations; and ``(II) disclosing any compensation in writing to the party. ``(vi) Represents both the buyer and the seller in the same transaction without-- ``(I) providing clear written disclosure with respect to the parties the broker represents; and ``(II) obtaining written consent from both parties to the joint representation. ``(ix) Binds a party to a transfer of ownership of an eligible privately held company. ``(D) Disqualification.--An M&A broker is not exempt from registration under this paragraph if the M&A broker (and, as applicable, any officer, director, member, manager, partner, or employee of the M&A broker)-- ``(i) has been barred from association with a broker or dealer by the Commission, any State, or any self-regulatory organization; or ``(ii) is suspended from association with a broker or dealer. ``(E) Rule of construction.--Nothing in this paragraph may be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. ``(F) Inflation adjustment.-- ``(i) In general.--On the date that is 5 years after the date of enactment of this paragraph, and every 5 years thereafter, each dollar amount in subparagraph (A)(iii)(II)(aa) shall be adjusted by-- ``(I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index (or successor) for the calendar year ending December 31, 2020; and ``(II) multiplying such dollar amount by the quotient obtained under subclause (I).

To amend the Securities Exchange Act of 1934 to establish a registration exemption for merger and acquisition brokers, and for other purposes. This Act may be cited as the ``Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2021''. ``(II) Presumption.--For the purposes of subclause (I), there shall be a presumption of control if, upon completion of a transaction, a buyer or group of buyers-- ``(aa) has the right to vote 25 percent or more of a class of voting securities or the power to sell or direct the sale of 25 percent or more of a class of voting securities; or ``(bb) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 25 percent or more of the capital. ``(II)(aa) In the fiscal year ending immediately before the fiscal year in which the services of an M&A broker are initially engaged with respect to a securities transaction, the company meets either of the following conditions (determined in accordance with the historical financial accounting records of the company): ``(AA) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. ``(bb) For purposes of this subclause, the Commission may, by rule, modify the dollar figures in subitem (AA) or (BB) of item (aa) if the Commission determines that such a modification is necessary or appropriate in the public interest or for the protection of investors. ``(v) Shell company.--The term `shell company' means a company that, as of the date of a transaction with an eligible privately held company-- ``(I) has no or nominal operations; and ``(II) has-- ``(aa) no or nominal assets; ``(bb) assets consisting solely of cash and cash equivalents; or ``(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. ``(C) Excluded activities.--An M&A broker is not exempt from registration under this paragraph if the M&A broker does any of the following: ``(i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction. ``(v) Assists any party to obtain financing from an unaffiliated third party without-- ``(I) complying with all other applicable laws in connection with such assistance, including, if applicable, part 220 of title 12, Code of Federal Regulations, or any successor regulations; and ``(II) disclosing any compensation in writing to the party. ``(vii) Facilitates a transaction with a group of buyers formed with the assistance of the M&A broker to acquire the eligible privately held company. ``(E) Rule of construction.--Nothing in this paragraph may be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. ``(ii) Rounding.--Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000.''. (

To amend the Securities Exchange Act of 1934 to establish a registration exemption for merger and acquisition brokers, and for other purposes. ``(II) Presumption.--For the purposes of subclause (I), there shall be a presumption of control if, upon completion of a transaction, a buyer or group of buyers-- ``(aa) has the right to vote 25 percent or more of a class of voting securities or the power to sell or direct the sale of 25 percent or more of a class of voting securities; or ``(bb) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 25 percent or more of the capital. ``(iii) Eligible privately held company.-- The term `eligible privately held company' means a privately held company that meets both of the following conditions: ``(I) The company does not have any class of securities-- ``(aa) registered, or required to be registered, with the Commission under section 12; or ``(bb) with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d). ``(II)(aa) In the fiscal year ending immediately before the fiscal year in which the services of an M&A broker are initially engaged with respect to a securities transaction, the company meets either of the following conditions (determined in accordance with the historical financial accounting records of the company): ``(AA) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. ``(v) Shell company.--The term `shell company' means a company that, as of the date of a transaction with an eligible privately held company-- ``(I) has no or nominal operations; and ``(II) has-- ``(aa) no or nominal assets; ``(bb) assets consisting solely of cash and cash equivalents; or ``(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. ``(ii) Engages on behalf of an issuer in a public offering of any class of securities-- ``(I) that is registered, or is required to be registered, with the Commission under section 12; or ``(II) with respect to which the issuer files, or is required to file, period information, documents, and reports under subsection (d). ``(viii) Engages in a transaction involving the transfer of ownership of an eligible privately held company to a passive buyer or group of passive buyers. ``(E) Rule of construction.--Nothing in this paragraph may be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder.

To amend the Securities Exchange Act of 1934 to establish a registration exemption for merger and acquisition brokers, and for other purposes. ``(II) Presumption.--For the purposes of subclause (I), there shall be a presumption of control if, upon completion of a transaction, a buyer or group of buyers-- ``(aa) has the right to vote 25 percent or more of a class of voting securities or the power to sell or direct the sale of 25 percent or more of a class of voting securities; or ``(bb) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 25 percent or more of the capital. ``(iii) Eligible privately held company.-- The term `eligible privately held company' means a privately held company that meets both of the following conditions: ``(I) The company does not have any class of securities-- ``(aa) registered, or required to be registered, with the Commission under section 12; or ``(bb) with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d). ``(II)(aa) In the fiscal year ending immediately before the fiscal year in which the services of an M&A broker are initially engaged with respect to a securities transaction, the company meets either of the following conditions (determined in accordance with the historical financial accounting records of the company): ``(AA) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. ``(v) Shell company.--The term `shell company' means a company that, as of the date of a transaction with an eligible privately held company-- ``(I) has no or nominal operations; and ``(II) has-- ``(aa) no or nominal assets; ``(bb) assets consisting solely of cash and cash equivalents; or ``(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. ``(ii) Engages on behalf of an issuer in a public offering of any class of securities-- ``(I) that is registered, or is required to be registered, with the Commission under section 12; or ``(II) with respect to which the issuer files, or is required to file, period information, documents, and reports under subsection (d). ``(viii) Engages in a transaction involving the transfer of ownership of an eligible privately held company to a passive buyer or group of passive buyers. ``(E) Rule of construction.--Nothing in this paragraph may be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder.

To amend the Securities Exchange Act of 1934 to establish a registration exemption for merger and acquisition brokers, and for other purposes. This Act may be cited as the ``Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2021''. ``(II) Presumption.--For the purposes of subclause (I), there shall be a presumption of control if, upon completion of a transaction, a buyer or group of buyers-- ``(aa) has the right to vote 25 percent or more of a class of voting securities or the power to sell or direct the sale of 25 percent or more of a class of voting securities; or ``(bb) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 25 percent or more of the capital. ``(II)(aa) In the fiscal year ending immediately before the fiscal year in which the services of an M&A broker are initially engaged with respect to a securities transaction, the company meets either of the following conditions (determined in accordance with the historical financial accounting records of the company): ``(AA) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. ``(bb) For purposes of this subclause, the Commission may, by rule, modify the dollar figures in subitem (AA) or (BB) of item (aa) if the Commission determines that such a modification is necessary or appropriate in the public interest or for the protection of investors. ``(v) Shell company.--The term `shell company' means a company that, as of the date of a transaction with an eligible privately held company-- ``(I) has no or nominal operations; and ``(II) has-- ``(aa) no or nominal assets; ``(bb) assets consisting solely of cash and cash equivalents; or ``(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. ``(C) Excluded activities.--An M&A broker is not exempt from registration under this paragraph if the M&A broker does any of the following: ``(i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction. ``(v) Assists any party to obtain financing from an unaffiliated third party without-- ``(I) complying with all other applicable laws in connection with such assistance, including, if applicable, part 220 of title 12, Code of Federal Regulations, or any successor regulations; and ``(II) disclosing any compensation in writing to the party. ``(vii) Facilitates a transaction with a group of buyers formed with the assistance of the M&A broker to acquire the eligible privately held company. ``(E) Rule of construction.--Nothing in this paragraph may be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. ``(ii) Rounding.--Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000.''. (

To amend the Securities Exchange Act of 1934 to establish a registration exemption for merger and acquisition brokers, and for other purposes. ``(II) Presumption.--For the purposes of subclause (I), there shall be a presumption of control if, upon completion of a transaction, a buyer or group of buyers-- ``(aa) has the right to vote 25 percent or more of a class of voting securities or the power to sell or direct the sale of 25 percent or more of a class of voting securities; or ``(bb) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 25 percent or more of the capital. ``(iii) Eligible privately held company.-- The term `eligible privately held company' means a privately held company that meets both of the following conditions: ``(I) The company does not have any class of securities-- ``(aa) registered, or required to be registered, with the Commission under section 12; or ``(bb) with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d). ``(II)(aa) In the fiscal year ending immediately before the fiscal year in which the services of an M&A broker are initially engaged with respect to a securities transaction, the company meets either of the following conditions (determined in accordance with the historical financial accounting records of the company): ``(AA) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. ``(v) Shell company.--The term `shell company' means a company that, as of the date of a transaction with an eligible privately held company-- ``(I) has no or nominal operations; and ``(II) has-- ``(aa) no or nominal assets; ``(bb) assets consisting solely of cash and cash equivalents; or ``(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. ``(ii) Engages on behalf of an issuer in a public offering of any class of securities-- ``(I) that is registered, or is required to be registered, with the Commission under section 12; or ``(II) with respect to which the issuer files, or is required to file, period information, documents, and reports under subsection (d). ``(viii) Engages in a transaction involving the transfer of ownership of an eligible privately held company to a passive buyer or group of passive buyers. ``(E) Rule of construction.--Nothing in this paragraph may be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder.

To amend the Securities Exchange Act of 1934 to establish a registration exemption for merger and acquisition brokers, and for other purposes. This Act may be cited as the ``Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2021''. ``(II) Presumption.--For the purposes of subclause (I), there shall be a presumption of control if, upon completion of a transaction, a buyer or group of buyers-- ``(aa) has the right to vote 25 percent or more of a class of voting securities or the power to sell or direct the sale of 25 percent or more of a class of voting securities; or ``(bb) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 25 percent or more of the capital. ``(II)(aa) In the fiscal year ending immediately before the fiscal year in which the services of an M&A broker are initially engaged with respect to a securities transaction, the company meets either of the following conditions (determined in accordance with the historical financial accounting records of the company): ``(AA) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. ``(bb) For purposes of this subclause, the Commission may, by rule, modify the dollar figures in subitem (AA) or (BB) of item (aa) if the Commission determines that such a modification is necessary or appropriate in the public interest or for the protection of investors. ``(v) Shell company.--The term `shell company' means a company that, as of the date of a transaction with an eligible privately held company-- ``(I) has no or nominal operations; and ``(II) has-- ``(aa) no or nominal assets; ``(bb) assets consisting solely of cash and cash equivalents; or ``(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. ``(C) Excluded activities.--An M&A broker is not exempt from registration under this paragraph if the M&A broker does any of the following: ``(i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction. ``(v) Assists any party to obtain financing from an unaffiliated third party without-- ``(I) complying with all other applicable laws in connection with such assistance, including, if applicable, part 220 of title 12, Code of Federal Regulations, or any successor regulations; and ``(II) disclosing any compensation in writing to the party. ``(vii) Facilitates a transaction with a group of buyers formed with the assistance of the M&A broker to acquire the eligible privately held company. ``(E) Rule of construction.--Nothing in this paragraph may be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. ``(ii) Rounding.--Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000.''. (

To amend the Securities Exchange Act of 1934 to establish a registration exemption for merger and acquisition brokers, and for other purposes. ``(II) Presumption.--For the purposes of subclause (I), there shall be a presumption of control if, upon completion of a transaction, a buyer or group of buyers-- ``(aa) has the right to vote 25 percent or more of a class of voting securities or the power to sell or direct the sale of 25 percent or more of a class of voting securities; or ``(bb) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 25 percent or more of the capital. ``(iii) Eligible privately held company.-- The term `eligible privately held company' means a privately held company that meets both of the following conditions: ``(I) The company does not have any class of securities-- ``(aa) registered, or required to be registered, with the Commission under section 12; or ``(bb) with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d). ``(II)(aa) In the fiscal year ending immediately before the fiscal year in which the services of an M&A broker are initially engaged with respect to a securities transaction, the company meets either of the following conditions (determined in accordance with the historical financial accounting records of the company): ``(AA) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. ``(v) Shell company.--The term `shell company' means a company that, as of the date of a transaction with an eligible privately held company-- ``(I) has no or nominal operations; and ``(II) has-- ``(aa) no or nominal assets; ``(bb) assets consisting solely of cash and cash equivalents; or ``(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. ``(ii) Engages on behalf of an issuer in a public offering of any class of securities-- ``(I) that is registered, or is required to be registered, with the Commission under section 12; or ``(II) with respect to which the issuer files, or is required to file, period information, documents, and reports under subsection (d). ``(viii) Engages in a transaction involving the transfer of ownership of an eligible privately held company to a passive buyer or group of passive buyers. ``(E) Rule of construction.--Nothing in this paragraph may be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder.

To amend the Securities Exchange Act of 1934 to establish a registration exemption for merger and acquisition brokers, and for other purposes. ``(bb) For purposes of this subclause, the Commission may, by rule, modify the dollar figures in subitem (AA) or (BB) of item (aa) if the Commission determines that such a modification is necessary or appropriate in the public interest or for the protection of investors. ``(v) Shell company.--The term `shell company' means a company that, as of the date of a transaction with an eligible privately held company-- ``(I) has no or nominal operations; and ``(II) has-- ``(aa) no or nominal assets; ``(bb) assets consisting solely of cash and cash equivalents; or ``(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. ``(C) Excluded activities.--An M&A broker is not exempt from registration under this paragraph if the M&A broker does any of the following: ``(i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction. ``(ii) Rounding.--Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000.''. (

To amend the Securities Exchange Act of 1934 to establish a registration exemption for merger and acquisition brokers, and for other purposes. ``(iii) Eligible privately held company.-- The term `eligible privately held company' means a privately held company that meets both of the following conditions: ``(I) The company does not have any class of securities-- ``(aa) registered, or required to be registered, with the Commission under section 12; or ``(bb) with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d). ``(viii) Engages in a transaction involving the transfer of ownership of an eligible privately held company to a passive buyer or group of passive buyers. ``(E) Rule of construction.--Nothing in this paragraph may be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder.

To amend the Securities Exchange Act of 1934 to establish a registration exemption for merger and acquisition brokers, and for other purposes. ``(bb) For purposes of this subclause, the Commission may, by rule, modify the dollar figures in subitem (AA) or (BB) of item (aa) if the Commission determines that such a modification is necessary or appropriate in the public interest or for the protection of investors. ``(v) Shell company.--The term `shell company' means a company that, as of the date of a transaction with an eligible privately held company-- ``(I) has no or nominal operations; and ``(II) has-- ``(aa) no or nominal assets; ``(bb) assets consisting solely of cash and cash equivalents; or ``(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. ``(C) Excluded activities.--An M&A broker is not exempt from registration under this paragraph if the M&A broker does any of the following: ``(i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction. ``(ii) Rounding.--Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000.''. (

Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2021 This bill amends the Securities Exchange Act of 1934 to establish a registration exemption for merger and acquisition brokers (M&A brokers) and for other purposes. A M&A broker shall not be required to register with the Securities and Exchange Commission (SEC) if the company does not have any Amends the Securities Exchange Act of 1934 to prohibit an M&A broker from being exempt from registration under the Act if the broker: (1) has been barred from association with a broker or dealer by the Securities and Exchange Commission (SEC), any state, or any self-regulatory organization; or (2) is suspended from association. (Sec. 3) Directs the

H.R.6646

Crime and Law Enforcement

Trafficking Reduction And Criminal Enforcement (TRACE) Act This bill modifies provisions related to firearms tracing. First, the bill directs the Department of Justice to promulgate regulations that require each firearm manufactured in the United States to be marked with a serial number that is located inside the firearm's receiver or that is visible only in infrared light, in addition to the serial number mark otherwise required. Next, it requires National Instant Criminal Background Check System records to be maintained for at least 180 days. The bill also requires each licensed firearms dealer to conduct a physical check of their firearms business inventory. Finally, it removes certain limitations on the use of firearms tracing data.

To prevent the illegal sale of firearms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Trafficking Reduction And Criminal Enforcement (TRACE) Act''. SEC. 2. REGULATORY REQUIREMENT TO MARK FIREARMS WITH SECOND, HIDDEN SERIAL NUMBER. (a) In General.--Within 12 months after the date of the enactment of this Act, the Attorney General shall promulgate final regulations that require each firearm manufactured in the United States on or after the effective date of the regulation, to be marked with a serial number that is located inside the receiver of the firearm or that is visible only in infrared light, in addition to the serial number with which the firearm is otherwise required by law to be marked. (b) Definition of Receiver.--Section 921(a) of title 18, United States Code, is amended-- (1) in paragraph (3)-- (A) by inserting ``, including an unfinished frame or receiver'' after ``such weapon''; and (B) by striking ``or (D) any destructive device'' and inserting ``; (D) any destructive device; or (E) any combination of parts designed or intended for use in converting any device into a firearm and from which a firearm may be readily assembled''; (2) in paragraph (10)-- (A) by striking ``and the'' and inserting ``the''; and (B) by inserting ``; and the term `manufacturing firearms' shall include assembling a functional firearm from an unfinished frame or receiver or from molding, machining, or 3D printing a frame or receiver, and shall not include making or fitting special barrels, stocks, or trigger mechanisms to firearms'' before the period; and (3) by inserting after paragraph (29) the following: ``(30) The term `unfinished frame or receiver' means any forging, casting, printing, extrusion, machined body or similar article that-- ``(A) has reached a stage in manufacture at which it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm; or ``(B) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.''. SEC. 3. REQUIREMENT TO PRESERVE INSTANT CRIMINAL BACKGROUND CHECK RECORDS FOR 180 DAYS. (a) In General.--Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting ``after the 180-day period that begins with the date the system complies with subparagraphs (A) and (B),'' before ``destroy''. (b) Conforming Amendment.--Section 511 of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (34 U.S.C. 40901 note; Public Law 112-55; 125 Stat. 632) is amended-- (1) by striking ``for--'' and all that follows through ``(1)''; and (2) by striking the semicolon and all that follows and inserting a period. (c) Regulations.--Within 180 days after the date of the enactment of this Act, the Attorney General shall prescribe regulations to implement the amendments made by this section. SEC. 4. REQUIREMENT THAT LICENSED FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF THEIR FIREARMS BUSINESS INVENTORY. (a) In General.--Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(8) Each licensee shall conduct a physical check of the firearms inventory of the business of the licensee licensed under this chapter, in accordance with regulations which shall be prescribed by the Attorney General.''. (b) Conforming Amendment.--The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. 247-248) is amended by striking the 5th proviso. (c) Regulations.--Within 180 days after the date of the enactment of this Act, the Attorney General shall prescribe regulations to implement section 923(g)(8) of title 18, United States Code. SEC. 5. ELIMINATION OF CERTAIN LIMITATIONS. (a) Consolidated and Further Continuing Appropriations Act, 2012.-- Title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is amended in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 1st, 6th, and 7th provisos. (b) Consolidated Appropriations Act, 2010.--Division B of the Consolidated Appropriations Act, 2010 (Public Law 111-117) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. 511. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. (c) Omnibus Appropriations Act, 2009.--Division B of the Omnibus Appropriations Act, 2009 (Public Law 111-8) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2009 and thereafter'' and inserting ``in fiscal year 2009''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. 511. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. (d) Consolidated Appropriations Act, 2008.--Division B of the Consolidated Appropriations Act, 2008 (Public Law 110-161) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2008 and thereafter'' and inserting ``in fiscal year 2008''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 512, to read as follows: ``Sec. 512. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. (e) Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006.--The Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 611, to read as follows: ``Sec. 611. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. (f) Consolidated Appropriations Act, 2005.--Division B of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2005 (Public Law 108-447) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 615, to read as follows: ``Sec. 615. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. (g) Consolidated Appropriations Act, 2004.--Division B of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2004 (Public Law 108-199) is amended-- (1) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 617(a), to read as follows: ``(a) None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. (h) Consolidated Appropriations Resolution, 2003.--Division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473-474) is amended in section 644 by striking ``or any other Act with respect to any fiscal year''. <all>

Trafficking Reduction And Criminal Enforcement (TRACE) Act

To prevent the illegal sale of firearms, and for other purposes.

Trafficking Reduction And Criminal Enforcement (TRACE) Act

Rep. Quigley, Mike

D

IL

This bill modifies provisions related to firearms tracing. First, the bill directs the Department of Justice to promulgate regulations that require each firearm manufactured in the United States to be marked with a serial number that is located inside the firearm's receiver or that is visible only in infrared light, in addition to the serial number mark otherwise required. Next, it requires National Instant Criminal Background Check System records to be maintained for at least 180 days. The bill also requires each licensed firearms dealer to conduct a physical check of their firearms business inventory. Finally, it removes certain limitations on the use of firearms tracing data.

2. REGULATORY REQUIREMENT TO MARK FIREARMS WITH SECOND, HIDDEN SERIAL NUMBER. (b) Definition of Receiver.--Section 921(a) of title 18, United States Code, is amended-- (1) in paragraph (3)-- (A) by inserting ``, including an unfinished frame or receiver'' after ``such weapon''; and (B) by striking ``or (D) any destructive device'' and inserting ``; (D) any destructive device; or (E) any combination of parts designed or intended for use in converting any device into a firearm and from which a firearm may be readily assembled''; (2) in paragraph (10)-- (A) by striking ``and the'' and inserting ``the''; and (B) by inserting ``; and the term `manufacturing firearms' shall include assembling a functional firearm from an unfinished frame or receiver or from molding, machining, or 3D printing a frame or receiver, and shall not include making or fitting special barrels, stocks, or trigger mechanisms to firearms'' before the period; and (3) by inserting after paragraph (29) the following: ``(30) The term `unfinished frame or receiver' means any forging, casting, printing, extrusion, machined body or similar article that-- ``(A) has reached a stage in manufacture at which it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm; or ``(B) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.''. 3. 632) is amended-- (1) by striking ``for--'' and all that follows through ``(1)''; and (2) by striking the semicolon and all that follows and inserting a period. (c) Regulations.--Within 180 days after the date of the enactment of this Act, the Attorney General shall prescribe regulations to implement the amendments made by this section. REQUIREMENT THAT LICENSED FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF THEIR FIREARMS BUSINESS INVENTORY. (b) Conforming Amendment.--The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 247-248) is amended by striking the 5th proviso. SEC. 5. 923 note; Public Law 112-55; 125 Stat. 511. 512. 611. 615. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. 473-474) is amended in section 644 by striking ``or any other Act with respect to any fiscal year''.

2. 3. 632) is amended-- (1) by striking ``for--'' and all that follows through ``(1)''; and (2) by striking the semicolon and all that follows and inserting a period. (c) Regulations.--Within 180 days after the date of the enactment of this Act, the Attorney General shall prescribe regulations to implement the amendments made by this section. REQUIREMENT THAT LICENSED FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF THEIR FIREARMS BUSINESS INVENTORY. (b) Conforming Amendment.--The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 247-248) is amended by striking the 5th proviso. SEC. 5. 923 note; Public Law 112-55; 125 Stat. 511. 512. 611. 615. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. 473-474) is amended in section 644 by striking ``or any other Act with respect to any fiscal year''.

To prevent the illegal sale of firearms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Trafficking Reduction And Criminal Enforcement (TRACE) Act''. 2. REGULATORY REQUIREMENT TO MARK FIREARMS WITH SECOND, HIDDEN SERIAL NUMBER. (b) Definition of Receiver.--Section 921(a) of title 18, United States Code, is amended-- (1) in paragraph (3)-- (A) by inserting ``, including an unfinished frame or receiver'' after ``such weapon''; and (B) by striking ``or (D) any destructive device'' and inserting ``; (D) any destructive device; or (E) any combination of parts designed or intended for use in converting any device into a firearm and from which a firearm may be readily assembled''; (2) in paragraph (10)-- (A) by striking ``and the'' and inserting ``the''; and (B) by inserting ``; and the term `manufacturing firearms' shall include assembling a functional firearm from an unfinished frame or receiver or from molding, machining, or 3D printing a frame or receiver, and shall not include making or fitting special barrels, stocks, or trigger mechanisms to firearms'' before the period; and (3) by inserting after paragraph (29) the following: ``(30) The term `unfinished frame or receiver' means any forging, casting, printing, extrusion, machined body or similar article that-- ``(A) has reached a stage in manufacture at which it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm; or ``(B) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.''. 3. 632) is amended-- (1) by striking ``for--'' and all that follows through ``(1)''; and (2) by striking the semicolon and all that follows and inserting a period. (c) Regulations.--Within 180 days after the date of the enactment of this Act, the Attorney General shall prescribe regulations to implement the amendments made by this section. 4. REQUIREMENT THAT LICENSED FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF THEIR FIREARMS BUSINESS INVENTORY. (b) Conforming Amendment.--The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 247-248) is amended by striking the 5th proviso. SEC. 5. ELIMINATION OF CERTAIN LIMITATIONS. 923 note; Public Law 112-55; 125 Stat. (c) Omnibus Appropriations Act, 2009.--Division B of the Omnibus Appropriations Act, 2009 (Public Law 111-8) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2009 and thereafter'' and inserting ``in fiscal year 2009''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. 511. 512. (e) Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006.--The Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 611, to read as follows: ``Sec. 611. 615. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. (h) Consolidated Appropriations Resolution, 2003.--Division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473-474) is amended in section 644 by striking ``or any other Act with respect to any fiscal year''.

To prevent the illegal sale of firearms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Trafficking Reduction And Criminal Enforcement (TRACE) Act''. 2. REGULATORY REQUIREMENT TO MARK FIREARMS WITH SECOND, HIDDEN SERIAL NUMBER. (a) In General.--Within 12 months after the date of the enactment of this Act, the Attorney General shall promulgate final regulations that require each firearm manufactured in the United States on or after the effective date of the regulation, to be marked with a serial number that is located inside the receiver of the firearm or that is visible only in infrared light, in addition to the serial number with which the firearm is otherwise required by law to be marked. (b) Definition of Receiver.--Section 921(a) of title 18, United States Code, is amended-- (1) in paragraph (3)-- (A) by inserting ``, including an unfinished frame or receiver'' after ``such weapon''; and (B) by striking ``or (D) any destructive device'' and inserting ``; (D) any destructive device; or (E) any combination of parts designed or intended for use in converting any device into a firearm and from which a firearm may be readily assembled''; (2) in paragraph (10)-- (A) by striking ``and the'' and inserting ``the''; and (B) by inserting ``; and the term `manufacturing firearms' shall include assembling a functional firearm from an unfinished frame or receiver or from molding, machining, or 3D printing a frame or receiver, and shall not include making or fitting special barrels, stocks, or trigger mechanisms to firearms'' before the period; and (3) by inserting after paragraph (29) the following: ``(30) The term `unfinished frame or receiver' means any forging, casting, printing, extrusion, machined body or similar article that-- ``(A) has reached a stage in manufacture at which it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm; or ``(B) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.''. 3. REQUIREMENT TO PRESERVE INSTANT CRIMINAL BACKGROUND CHECK RECORDS FOR 180 DAYS. 632) is amended-- (1) by striking ``for--'' and all that follows through ``(1)''; and (2) by striking the semicolon and all that follows and inserting a period. (c) Regulations.--Within 180 days after the date of the enactment of this Act, the Attorney General shall prescribe regulations to implement the amendments made by this section. 4. REQUIREMENT THAT LICENSED FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF THEIR FIREARMS BUSINESS INVENTORY. (a) In General.--Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(8) Each licensee shall conduct a physical check of the firearms inventory of the business of the licensee licensed under this chapter, in accordance with regulations which shall be prescribed by the Attorney General.''. (b) Conforming Amendment.--The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. 247-248) is amended by striking the 5th proviso. SEC. 5. ELIMINATION OF CERTAIN LIMITATIONS. (a) Consolidated and Further Continuing Appropriations Act, 2012.-- Title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. (c) Omnibus Appropriations Act, 2009.--Division B of the Omnibus Appropriations Act, 2009 (Public Law 111-8) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2009 and thereafter'' and inserting ``in fiscal year 2009''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. 511. (d) Consolidated Appropriations Act, 2008.--Division B of the Consolidated Appropriations Act, 2008 (Public Law 110-161) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2008 and thereafter'' and inserting ``in fiscal year 2008''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 512, to read as follows: ``Sec. 512. (e) Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006.--The Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 611, to read as follows: ``Sec. 611. 615. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. (h) Consolidated Appropriations Resolution, 2003.--Division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473-474) is amended in section 644 by striking ``or any other Act with respect to any fiscal year''.

To prevent the illegal sale of firearms, and for other purposes. a) In General.--Within 12 months after the date of the enactment of this Act, the Attorney General shall promulgate final regulations that require each firearm manufactured in the United States on or after the effective date of the regulation, to be marked with a serial number that is located inside the receiver of the firearm or that is visible only in infrared light, in addition to the serial number with which the firearm is otherwise required by law to be marked. REQUIREMENT TO PRESERVE INSTANT CRIMINAL BACKGROUND CHECK RECORDS FOR 180 DAYS. (a) In General.--Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting ``after the 180-day period that begins with the date the system complies with subparagraphs (A) and (B),'' before ``destroy''. ( b) Conforming Amendment.--The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. (c) Regulations.--Within 180 days after the date of the enactment of this Act, the Attorney General shall prescribe regulations to implement section 923(g)(8) of title 18, United States Code. b) Consolidated Appropriations Act, 2010.--Division B of the Consolidated Appropriations Act, 2010 (Public Law 111-117) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. (c) Omnibus Appropriations Act, 2009.--Division B of the Omnibus Appropriations Act, 2009 (Public Law 111-8) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2009 and thereafter'' and inserting ``in fiscal year 2009''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( e) Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006.--The Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 611, to read as follows: ``Sec. (f) Consolidated Appropriations Act, 2005.--Division B of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2005 (Public Law 108-447) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 615, to read as follows: ``Sec. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( 552 note; Public Law 108-7; 117 Stat. 473-474) is amended in section 644 by striking ``or any other Act with respect to any fiscal year''.

To prevent the illegal sale of firearms, and for other purposes. REGULATORY REQUIREMENT TO MARK FIREARMS WITH SECOND, HIDDEN SERIAL NUMBER. ( (a) In General.--Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting ``after the 180-day period that begins with the date the system complies with subparagraphs (A) and (B),'' before ``destroy''. ( REQUIREMENT THAT LICENSED FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF THEIR FIREARMS BUSINESS INVENTORY. ( b) Conforming Amendment.--The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. (b) Consolidated Appropriations Act, 2010.--Division B of the Consolidated Appropriations Act, 2010 (Public Law 111-117) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( f) Consolidated Appropriations Act, 2005.--Division B of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2005 (Public Law 108-447) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 615, to read as follows: ``Sec. h) Consolidated Appropriations Resolution, 2003.--Division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473-474) is amended in section 644 by striking ``or any other Act with respect to any fiscal year''.

To prevent the illegal sale of firearms, and for other purposes. REGULATORY REQUIREMENT TO MARK FIREARMS WITH SECOND, HIDDEN SERIAL NUMBER. ( (a) In General.--Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting ``after the 180-day period that begins with the date the system complies with subparagraphs (A) and (B),'' before ``destroy''. ( REQUIREMENT THAT LICENSED FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF THEIR FIREARMS BUSINESS INVENTORY. ( b) Conforming Amendment.--The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. (b) Consolidated Appropriations Act, 2010.--Division B of the Consolidated Appropriations Act, 2010 (Public Law 111-117) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( f) Consolidated Appropriations Act, 2005.--Division B of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2005 (Public Law 108-447) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 615, to read as follows: ``Sec. h) Consolidated Appropriations Resolution, 2003.--Division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473-474) is amended in section 644 by striking ``or any other Act with respect to any fiscal year''.

To prevent the illegal sale of firearms, and for other purposes. a) In General.--Within 12 months after the date of the enactment of this Act, the Attorney General shall promulgate final regulations that require each firearm manufactured in the United States on or after the effective date of the regulation, to be marked with a serial number that is located inside the receiver of the firearm or that is visible only in infrared light, in addition to the serial number with which the firearm is otherwise required by law to be marked. REQUIREMENT TO PRESERVE INSTANT CRIMINAL BACKGROUND CHECK RECORDS FOR 180 DAYS. (a) In General.--Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting ``after the 180-day period that begins with the date the system complies with subparagraphs (A) and (B),'' before ``destroy''. ( b) Conforming Amendment.--The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. (c) Regulations.--Within 180 days after the date of the enactment of this Act, the Attorney General shall prescribe regulations to implement section 923(g)(8) of title 18, United States Code. b) Consolidated Appropriations Act, 2010.--Division B of the Consolidated Appropriations Act, 2010 (Public Law 111-117) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. (c) Omnibus Appropriations Act, 2009.--Division B of the Omnibus Appropriations Act, 2009 (Public Law 111-8) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2009 and thereafter'' and inserting ``in fiscal year 2009''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( e) Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006.--The Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 611, to read as follows: ``Sec. (f) Consolidated Appropriations Act, 2005.--Division B of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2005 (Public Law 108-447) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 615, to read as follows: ``Sec. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( 552 note; Public Law 108-7; 117 Stat. 473-474) is amended in section 644 by striking ``or any other Act with respect to any fiscal year''.

To prevent the illegal sale of firearms, and for other purposes. REGULATORY REQUIREMENT TO MARK FIREARMS WITH SECOND, HIDDEN SERIAL NUMBER. ( (a) In General.--Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting ``after the 180-day period that begins with the date the system complies with subparagraphs (A) and (B),'' before ``destroy''. ( REQUIREMENT THAT LICENSED FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF THEIR FIREARMS BUSINESS INVENTORY. ( b) Conforming Amendment.--The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. (b) Consolidated Appropriations Act, 2010.--Division B of the Consolidated Appropriations Act, 2010 (Public Law 111-117) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( f) Consolidated Appropriations Act, 2005.--Division B of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2005 (Public Law 108-447) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 615, to read as follows: ``Sec. h) Consolidated Appropriations Resolution, 2003.--Division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473-474) is amended in section 644 by striking ``or any other Act with respect to any fiscal year''.

To prevent the illegal sale of firearms, and for other purposes. a) In General.--Within 12 months after the date of the enactment of this Act, the Attorney General shall promulgate final regulations that require each firearm manufactured in the United States on or after the effective date of the regulation, to be marked with a serial number that is located inside the receiver of the firearm or that is visible only in infrared light, in addition to the serial number with which the firearm is otherwise required by law to be marked. REQUIREMENT TO PRESERVE INSTANT CRIMINAL BACKGROUND CHECK RECORDS FOR 180 DAYS. (a) In General.--Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting ``after the 180-day period that begins with the date the system complies with subparagraphs (A) and (B),'' before ``destroy''. ( b) Conforming Amendment.--The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. (c) Regulations.--Within 180 days after the date of the enactment of this Act, the Attorney General shall prescribe regulations to implement section 923(g)(8) of title 18, United States Code. b) Consolidated Appropriations Act, 2010.--Division B of the Consolidated Appropriations Act, 2010 (Public Law 111-117) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. (c) Omnibus Appropriations Act, 2009.--Division B of the Omnibus Appropriations Act, 2009 (Public Law 111-8) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2009 and thereafter'' and inserting ``in fiscal year 2009''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( e) Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006.--The Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 611, to read as follows: ``Sec. (f) Consolidated Appropriations Act, 2005.--Division B of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2005 (Public Law 108-447) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 615, to read as follows: ``Sec. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( 552 note; Public Law 108-7; 117 Stat. 473-474) is amended in section 644 by striking ``or any other Act with respect to any fiscal year''.

To prevent the illegal sale of firearms, and for other purposes. REGULATORY REQUIREMENT TO MARK FIREARMS WITH SECOND, HIDDEN SERIAL NUMBER. ( (a) In General.--Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting ``after the 180-day period that begins with the date the system complies with subparagraphs (A) and (B),'' before ``destroy''. ( REQUIREMENT THAT LICENSED FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF THEIR FIREARMS BUSINESS INVENTORY. ( b) Conforming Amendment.--The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. (b) Consolidated Appropriations Act, 2010.--Division B of the Consolidated Appropriations Act, 2010 (Public Law 111-117) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( f) Consolidated Appropriations Act, 2005.--Division B of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2005 (Public Law 108-447) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 615, to read as follows: ``Sec. h) Consolidated Appropriations Resolution, 2003.--Division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473-474) is amended in section 644 by striking ``or any other Act with respect to any fiscal year''.

To prevent the illegal sale of firearms, and for other purposes. a) In General.--Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting ``after the 180-day period that begins with the date the system complies with subparagraphs (A) and (B),'' before ``destroy''. ( b) Consolidated Appropriations Act, 2010.--Division B of the Consolidated Appropriations Act, 2010 (Public Law 111-117) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. ( c) Omnibus Appropriations Act, 2009.--Division B of the Omnibus Appropriations Act, 2009 (Public Law 111-8) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2009 and thereafter'' and inserting ``in fiscal year 2009''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. ( None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( e) Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006.--The Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 611, to read as follows: ``Sec. ( None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( 473-474) is amended in section 644 by striking ``or any other Act with respect to any fiscal year''.

To prevent the illegal sale of firearms, and for other purposes. a) In General.--Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting ``after the 180-day period that begins with the date the system complies with subparagraphs (A) and (B),'' before ``destroy''. ( ( f) Consolidated Appropriations Act, 2005.--Division B of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2005 (Public Law 108-447) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 615, to read as follows: ``Sec. h) Consolidated Appropriations Resolution, 2003.--Division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat.

To prevent the illegal sale of firearms, and for other purposes. b) Consolidated Appropriations Act, 2010.--Division B of the Consolidated Appropriations Act, 2010 (Public Law 111-117) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. ( ( None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. ( None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. (

Trafficking Reduction And Criminal Enforcement (TRACE) Act - Directs the Attorney General to promulgate final regulations that require each firearm manufactured in the United States on or after the effective date of this Act to be marked with a serial number that is located inside the receiver of the firearm or that is visible only in infrared light, in addition to the serial number with which the firearm is Amends the Consolidated Appropriations Act, 2008 to: (1) eliminate the prohibition against the use of funds appropriated for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in connection with the implementation of any excise tax or fee; and (2) revise the definition of "agency" for purposes of the Act to include the Federal Bureau of Investigation (

H.R.4389

Education

New Collar Jobs Act of 2021 This bill provides incentives for cybersecurity education. Specifically, the bill establishes an employee cybersecurity education tax credit for an employer who incurs costs for an employee who earns a certain cybersecurity certificate or degree. If a business claims such a credit, then federal agencies must award a score increase to each competitive proposal submitted by the business for a federal contract valued at more than $5 million. In addition, the Department of Education must cancel eligible student loans for borrowers who have (1) made 36 consecutive monthly payments, and (2) held a cybersecurity job in an economically distressed area during at least 12 months of payments. Finally, the bill makes cybersecurity course instructors eligible for awards under the CyberCorps Scholarship for Service program.

To increase cybersecurity education and job growth, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``New Collar Jobs Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Employee cybersecurity education. Sec. 4. Student loan repayment for certain cybersecurity employees. Sec. 5. CyberCorps scholarship-for-service program. Sec. 6. Increased funding for Advanced Technology Education program. Sec. 7. Cybersecurity training incentive for Government contracts. SEC. 2. FINDINGS. Congress find the following: (1) Domestic factory output has increased by 21 percent since June 2009, but manufacturing employment has only increased 5 percent during that time, and has been flat since late 2014. (2) As manufacturers leverage new technologies from robotics to distributed control systems to create modern factories and industrial plants, different employment requirements have emerged including the need for cybersecurity talent. (3) Leading cybersecurity experts have reported spike of 250 percent in industrial automation and control system cyber- incidents occurring during the period between 2011 and 2015 and as a result are seeking personnel with knowledge of their industry coupled with knowledge of security technology to prevent their organization from becoming victims of cyber- attacks. SEC. 3. EMPLOYEE CYBERSECURITY EDUCATION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45U. EMPLOYEE CYBERSECURITY EDUCATION. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. ``(b) Limitation.--The amount allowed as a credit under subsection (a) for the taxable year with respect to an employee shall not exceed $5,000. ``(c) Qualified Employee Cybersecurity Education Expenses.--For purposes of this section, the term `qualified employee cybersecurity education expenses' means amounts paid or incurred for each employee who earns a certificate or degree at the undergraduate or graduate level or industry-recognized certification relating to those specialty areas and work roles that are listed in NCWF Work Roles in the document entitled, `NICE Cybersecurity Workforce Framework (NCWF)', published by the National Initiative for Cybersecurity Education (NICE) of the National Institute of Standards and Technology. ``(d) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. (c) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45U(a),'' after ``45S(a),''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45U. Employee cybersecurity education.''. (e) Effective Date.--The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act. SEC. 4. STUDENT LOAN REPAYMENT FOR CERTAIN CYBERSECURITY EMPLOYEES. Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Loan Repayment for Cybersecurity Workers in Economically Distressed Area.-- ``(1) In general.--The Secretary shall cancel the amount described in paragraph (2) of the balance of interest and principal due, in accordance with such paragraph, on any eligible Federal Direct Loan not in default for a borrower who-- ``(A) makes 36 consecutive monthly payments on the eligible Federal Direct Loan after the date of the enactment of this section pursuant to any one or a combination of the following-- ``(i) payments under an income-based repayment plan under section 493C; ``(ii) payments under a standard repayment plan under subsection (d)(1)(A), based on a 10- year repayment period; ``(iii) monthly payments under a repayment plan under subsection (d)(1) or (g) of not less than the monthly amount calculated under subsection (d)(1)(A), based on a 10-year repayment period; or ``(iv) payments under an income contingent repayment plan under subsection (d)(1)(D); and ``(B) during the period in which the borrower makes each of the 36 consecutive monthly payments described in subparagraph (A), has been employed in a cybersecurity job-- ``(i) located in an area that, for at least 12 of such consecutive monthly payments is an economically distressed area; and ``(ii) that requires that the borrower work in the economically distressed area no less than 60 percent of total work hours. ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(B) $25,000. ``(3) Ineligibility of double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and-- ``(A) subsection (m); or ``(B) section 428J, 428K, 428L, or 460. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). ``(B) Economically distressed area.--The term `economically distressed area' means an area that meets one or more criteria under section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)).''. SEC. 5. CYBERCORPS SCHOLARSHIP-FOR-SERVICE PROGRAM. (a) Funding Increase.--It is the sense of the Congress that the number of scholarships awarded by the National Science Foundation for scholarships awarded under the Federal cyber scholarship-for-service program established by section 302 of the Cybersecurity Enhancement Act of 2014 for fiscal year 2019 and each succeeding fiscal year should be not less than double the number of such scholarships awarded for fiscal year 2018. (b) Cybersecurity Course Instruction.--Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442) is amended-- (1) in subsection (a), by striking ``and security managers'' and inserting ``security managers, and cybersecurity course instructors,''; and (2) in subsection (d), by adding at the end the following: ``Such work may include teaching a cybersecurity course for a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document.''. (c) Elimination of Priority for Federal Government Employment Placements.--Section 302(b) of such Act (15 U.S.C. 7442(b)) is amended-- (1) in paragraph (2), by adding ``and'' at the end; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). SEC. 6. INCREASED FUNDING FOR ADVANCED TECHNOLOGY EDUCATION PROGRAM. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. SEC. 7. CYBERSECURITY TRAINING INCENTIVE FOR GOVERNMENT CONTRACTS. (a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (b) Definitions.--In this section: (1) Executive agency.--The term ``executive agency'' has the meaning given that term in section 102 of title 40, United States Code. (2) Qualified offeror.--The term ``qualified offeror'' means a business that has claimed the employee cybersecurity education credit under section 45U of the Internal Revenue Code of 1986, as added by section 3, at least once within the three- year period preceding the date on which the business submits a competitive proposal for a contract valued in excess of $5,000,000. <all>

New Collar Jobs Act of 2021

To increase cybersecurity education and job growth, and for other purposes.

New Collar Jobs Act of 2021

Rep. Lieu, Ted

D

CA

This bill provides incentives for cybersecurity education. Specifically, the bill establishes an employee cybersecurity education tax credit for an employer who incurs costs for an employee who earns a certain cybersecurity certificate or degree. If a business claims such a credit, then federal agencies must award a score increase to each competitive proposal submitted by the business for a federal contract valued at more than $5 million. In addition, the Department of Education must cancel eligible student loans for borrowers who have (1) made 36 consecutive monthly payments, and (2) held a cybersecurity job in an economically distressed area during at least 12 months of payments. Finally, the bill makes cybersecurity course instructors eligible for awards under the CyberCorps Scholarship for Service program.

SHORT TITLE; TABLE OF CONTENTS. 1. Findings. Employee cybersecurity education. Student loan repayment for certain cybersecurity employees. CyberCorps scholarship-for-service program. Sec. Cybersecurity training incentive for Government contracts. 2. 3. ``(d) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. 4. ``(B) $25,000. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). ``(B) Economically distressed area.--The term `economically distressed area' means an area that meets one or more criteria under section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 5. 6. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. 7. (a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror.

SHORT TITLE; TABLE OF CONTENTS. 1. Findings. Employee cybersecurity education. Student loan repayment for certain cybersecurity employees. CyberCorps scholarship-for-service program. Sec. Cybersecurity training incentive for Government contracts. 2. 3. ``(d) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. 4. ``(B) $25,000. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). ``(B) Economically distressed area.--The term `economically distressed area' means an area that meets one or more criteria under section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 5. 6. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. 7. (a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror.

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. Findings. Employee cybersecurity education. Student loan repayment for certain cybersecurity employees. CyberCorps scholarship-for-service program. Sec. Cybersecurity training incentive for Government contracts. 2. Congress find the following: (1) Domestic factory output has increased by 21 percent since June 2009, but manufacturing employment has only increased 5 percent during that time, and has been flat since late 2014. (3) Leading cybersecurity experts have reported spike of 250 percent in industrial automation and control system cyber- incidents occurring during the period between 2011 and 2015 and as a result are seeking personnel with knowledge of their industry coupled with knowledge of security technology to prevent their organization from becoming victims of cyber- attacks. 3. ``(d) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. 4. 1087e) is amended by adding at the end the following: ``(r) Loan Repayment for Cybersecurity Workers in Economically Distressed Area.-- ``(1) In general.--The Secretary shall cancel the amount described in paragraph (2) of the balance of interest and principal due, in accordance with such paragraph, on any eligible Federal Direct Loan not in default for a borrower who-- ``(A) makes 36 consecutive monthly payments on the eligible Federal Direct Loan after the date of the enactment of this section pursuant to any one or a combination of the following-- ``(i) payments under an income-based repayment plan under section 493C; ``(ii) payments under a standard repayment plan under subsection (d)(1)(A), based on a 10- year repayment period; ``(iii) monthly payments under a repayment plan under subsection (d)(1) or (g) of not less than the monthly amount calculated under subsection (d)(1)(A), based on a 10-year repayment period; or ``(iv) payments under an income contingent repayment plan under subsection (d)(1)(D); and ``(B) during the period in which the borrower makes each of the 36 consecutive monthly payments described in subparagraph (A), has been employed in a cybersecurity job-- ``(i) located in an area that, for at least 12 of such consecutive monthly payments is an economically distressed area; and ``(ii) that requires that the borrower work in the economically distressed area no less than 60 percent of total work hours. ``(B) $25,000. ``(3) Ineligibility of double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and-- ``(A) subsection (m); or ``(B) section 428J, 428K, 428L, or 460. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). ``(B) Economically distressed area.--The term `economically distressed area' means an area that meets one or more criteria under section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)).''. 5. 6. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. 7. (a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror.

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 ``New Collar Jobs Act of 2021''. 1. Findings. Employee cybersecurity education. Student loan repayment for certain cybersecurity employees. CyberCorps scholarship-for-service program. Sec. Cybersecurity training incentive for Government contracts. 2. Congress find the following: (1) Domestic factory output has increased by 21 percent since June 2009, but manufacturing employment has only increased 5 percent during that time, and has been flat since late 2014. (2) As manufacturers leverage new technologies from robotics to distributed control systems to create modern factories and industrial plants, different employment requirements have emerged including the need for cybersecurity talent. (3) Leading cybersecurity experts have reported spike of 250 percent in industrial automation and control system cyber- incidents occurring during the period between 2011 and 2015 and as a result are seeking personnel with knowledge of their industry coupled with knowledge of security technology to prevent their organization from becoming victims of cyber- attacks. 3. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. ``(b) Limitation.--The amount allowed as a credit under subsection (a) for the taxable year with respect to an employee shall not exceed $5,000. ``(d) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. (e) Effective Date.--The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act. 4. Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Loan Repayment for Cybersecurity Workers in Economically Distressed Area.-- ``(1) In general.--The Secretary shall cancel the amount described in paragraph (2) of the balance of interest and principal due, in accordance with such paragraph, on any eligible Federal Direct Loan not in default for a borrower who-- ``(A) makes 36 consecutive monthly payments on the eligible Federal Direct Loan after the date of the enactment of this section pursuant to any one or a combination of the following-- ``(i) payments under an income-based repayment plan under section 493C; ``(ii) payments under a standard repayment plan under subsection (d)(1)(A), based on a 10- year repayment period; ``(iii) monthly payments under a repayment plan under subsection (d)(1) or (g) of not less than the monthly amount calculated under subsection (d)(1)(A), based on a 10-year repayment period; or ``(iv) payments under an income contingent repayment plan under subsection (d)(1)(D); and ``(B) during the period in which the borrower makes each of the 36 consecutive monthly payments described in subparagraph (A), has been employed in a cybersecurity job-- ``(i) located in an area that, for at least 12 of such consecutive monthly payments is an economically distressed area; and ``(ii) that requires that the borrower work in the economically distressed area no less than 60 percent of total work hours. ``(B) $25,000. ``(3) Ineligibility of double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and-- ``(A) subsection (m); or ``(B) section 428J, 428K, 428L, or 460. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). ``(B) Economically distressed area.--The term `economically distressed area' means an area that meets one or more criteria under section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)).''. 5. (a) Funding Increase.--It is the sense of the Congress that the number of scholarships awarded by the National Science Foundation for scholarships awarded under the Federal cyber scholarship-for-service program established by section 302 of the Cybersecurity Enhancement Act of 2014 for fiscal year 2019 and each succeeding fiscal year should be not less than double the number of such scholarships awarded for fiscal year 2018. 6. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. 7. (a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror.

To increase cybersecurity education and job growth, and for other purposes. Employee cybersecurity education. 3) Leading cybersecurity experts have reported spike of 250 percent in industrial automation and control system cyber- incidents occurring during the period between 2011 and 2015 and as a result are seeking personnel with knowledge of their industry coupled with knowledge of security technology to prevent their organization from becoming victims of cyber- attacks. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. ( c) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45U(a),'' after ``45S(a),''. ( ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). (a) Funding Increase.--It is the sense of the Congress that the number of scholarships awarded by the National Science Foundation for scholarships awarded under the Federal cyber scholarship-for-service program established by section 302 of the Cybersecurity Enhancement Act of 2014 for fiscal year 2019 and each succeeding fiscal year should be not less than double the number of such scholarships awarded for fiscal year 2018. ( INCREASED FUNDING FOR ADVANCED TECHNOLOGY EDUCATION PROGRAM. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (

To increase cybersecurity education and job growth, and for other purposes. SHORT TITLE; TABLE OF CONTENTS. ( Cybersecurity training incentive for Government contracts. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. ``(c) Qualified Employee Cybersecurity Education Expenses.--For purposes of this section, the term `qualified employee cybersecurity education expenses' means amounts paid or incurred for each employee who earns a certificate or degree at the undergraduate or graduate level or industry-recognized certification relating to those specialty areas and work roles that are listed in NCWF Work Roles in the document entitled, `NICE Cybersecurity Workforce Framework (NCWF)', published by the National Initiative for Cybersecurity Education (NICE) of the National Institute of Standards and Technology. b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. ( ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(3) Ineligibility of double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and-- ``(A) subsection (m); or ``(B) section 428J, 428K, 428L, or 460. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). c) Elimination of Priority for Federal Government Employment Placements.--Section 302(b) of such Act (15 U.S.C. 7442(b)) is amended-- (1) in paragraph (2), by adding ``and'' at the end; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (

To increase cybersecurity education and job growth, and for other purposes. SHORT TITLE; TABLE OF CONTENTS. ( Cybersecurity training incentive for Government contracts. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. ``(c) Qualified Employee Cybersecurity Education Expenses.--For purposes of this section, the term `qualified employee cybersecurity education expenses' means amounts paid or incurred for each employee who earns a certificate or degree at the undergraduate or graduate level or industry-recognized certification relating to those specialty areas and work roles that are listed in NCWF Work Roles in the document entitled, `NICE Cybersecurity Workforce Framework (NCWF)', published by the National Initiative for Cybersecurity Education (NICE) of the National Institute of Standards and Technology. b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. ( ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(3) Ineligibility of double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and-- ``(A) subsection (m); or ``(B) section 428J, 428K, 428L, or 460. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). c) Elimination of Priority for Federal Government Employment Placements.--Section 302(b) of such Act (15 U.S.C. 7442(b)) is amended-- (1) in paragraph (2), by adding ``and'' at the end; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (

To increase cybersecurity education and job growth, and for other purposes. Employee cybersecurity education. 3) Leading cybersecurity experts have reported spike of 250 percent in industrial automation and control system cyber- incidents occurring during the period between 2011 and 2015 and as a result are seeking personnel with knowledge of their industry coupled with knowledge of security technology to prevent their organization from becoming victims of cyber- attacks. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. ( c) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45U(a),'' after ``45S(a),''. ( ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). (a) Funding Increase.--It is the sense of the Congress that the number of scholarships awarded by the National Science Foundation for scholarships awarded under the Federal cyber scholarship-for-service program established by section 302 of the Cybersecurity Enhancement Act of 2014 for fiscal year 2019 and each succeeding fiscal year should be not less than double the number of such scholarships awarded for fiscal year 2018. ( INCREASED FUNDING FOR ADVANCED TECHNOLOGY EDUCATION PROGRAM. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (

To increase cybersecurity education and job growth, and for other purposes. SHORT TITLE; TABLE OF CONTENTS. ( Cybersecurity training incentive for Government contracts. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. ``(c) Qualified Employee Cybersecurity Education Expenses.--For purposes of this section, the term `qualified employee cybersecurity education expenses' means amounts paid or incurred for each employee who earns a certificate or degree at the undergraduate or graduate level or industry-recognized certification relating to those specialty areas and work roles that are listed in NCWF Work Roles in the document entitled, `NICE Cybersecurity Workforce Framework (NCWF)', published by the National Initiative for Cybersecurity Education (NICE) of the National Institute of Standards and Technology. b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. ( ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(3) Ineligibility of double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and-- ``(A) subsection (m); or ``(B) section 428J, 428K, 428L, or 460. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). c) Elimination of Priority for Federal Government Employment Placements.--Section 302(b) of such Act (15 U.S.C. 7442(b)) is amended-- (1) in paragraph (2), by adding ``and'' at the end; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (

To increase cybersecurity education and job growth, and for other purposes. Employee cybersecurity education. 3) Leading cybersecurity experts have reported spike of 250 percent in industrial automation and control system cyber- incidents occurring during the period between 2011 and 2015 and as a result are seeking personnel with knowledge of their industry coupled with knowledge of security technology to prevent their organization from becoming victims of cyber- attacks. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. ( c) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45U(a),'' after ``45S(a),''. ( ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). (a) Funding Increase.--It is the sense of the Congress that the number of scholarships awarded by the National Science Foundation for scholarships awarded under the Federal cyber scholarship-for-service program established by section 302 of the Cybersecurity Enhancement Act of 2014 for fiscal year 2019 and each succeeding fiscal year should be not less than double the number of such scholarships awarded for fiscal year 2018. ( INCREASED FUNDING FOR ADVANCED TECHNOLOGY EDUCATION PROGRAM. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (

To increase cybersecurity education and job growth, and for other purposes. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). c) Elimination of Priority for Federal Government Employment Placements.--Section 302(b) of such Act (15 U.S.C. 7442(b)) is amended-- (1) in paragraph (2), by adding ``and'' at the end; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018.

To increase cybersecurity education and job growth, and for other purposes. b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. ( ( ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. a) Funding Increase.--It is the sense of the Congress that the number of scholarships awarded by the National Science Foundation for scholarships awarded under the Federal cyber scholarship-for-service program established by section 302 of the Cybersecurity Enhancement Act of 2014 for fiscal year 2019 and each succeeding fiscal year should be not less than double the number of such scholarships awarded for fiscal year 2018. ( It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (

To increase cybersecurity education and job growth, and for other purposes. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). c) Elimination of Priority for Federal Government Employment Placements.--Section 302(b) of such Act (15 U.S.C. 7442(b)) is amended-- (1) in paragraph (2), by adding ``and'' at the end; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018.

To increase cybersecurity education and job growth, and for other purposes. b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. ( ( ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. a) Funding Increase.--It is the sense of the Congress that the number of scholarships awarded by the National Science Foundation for scholarships awarded under the Federal cyber scholarship-for-service program established by section 302 of the Cybersecurity Enhancement Act of 2014 for fiscal year 2019 and each succeeding fiscal year should be not less than double the number of such scholarships awarded for fiscal year 2018. ( It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (

New Collar Jobs Act of 2021 This bill amends the Internal Revenue Code to allow a business tax credit for 50% of the aggregate qualified employee cybersecurity education expenses paid or incurred by an employer. The credit is limited to $5,000 for an employee who earns a certificate or degree at the undergraduate or graduate level or industry-recognized certification relating to those specialty areas and work roles Amends the Cybersecurity Enhancement Act of 2014 to: (1) increase the number of scholarships awarded by the National Science Foundation (NSF) for scholarships awarded under the federal cyber scholarship-for-service program for FY2019 and each succeeding fiscal year; and (2) require the head of an executive agency to award a five percent score increase to each competitive proposal submitted by a qualified

H.R.9504

Health

Period PROUD (Providing Resources for Our Underserved and Disadvantaged) Act of 2022 This bill provides additional funding through FY2027 for the Social Services Block Grant to support the provision of menstrual products (e.g., menstrual cups and underwear, sanitary napkins, and tampons) to low-income individuals. (This grant is a flexible funding stream used by states and territories to support a wide range of social services.) The bill also exempts the additional funds from sequestration. Sequestration is a process of automatic, across-the-board reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.

To provide targeted funding for States and other eligible entities through the Social Services Block Grant program to increase the availability of menstrual products for individuals with limited access to such products. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Period PROUD (Providing Resources for Our Underserved and Disadvantaged) Act of 2022''. SEC. 2. TARGETED FUNDING FOR MENSTRUAL PRODUCTS THROUGH THE SOCIAL SERVICES BLOCK GRANT PROGRAM. (a) Increase in Funding for Social Services Block Grant Program.-- (1) In general.--The amount specified in subsection (c) of section 2003 of the Social Security Act (42 U.S.C. 1397b) for purposes of subsections (a) and (b) of such section is deemed to be $1,900,000,000 for each of fiscal years 2024 through 2027, of which, the amount equal to $200,000,000, reduced by the amounts reserved under paragraph (2)(B) for each such fiscal year, shall be obligated by States in accordance with subsection (b). (2) Appropriation.-- (A) In general.--Out of any money in the Treasury of the United States not otherwise appropriated, there is appropriated $200,000,000 for each of fiscal years 2024 through 2027, to carry out this section. (B) Reservations.-- (i) Purposes.--The Secretary shall reserve, from the amount appropriated under subparagraph (A) to carry out this section-- (I) for each of fiscal years 2024 through 2027, not more than 2 percent of the amount appropriated for the fiscal year for purposes of entering into an agreement with an eligible entity described in subparagraph (C) to assist in providing technical assistance and training, to support effective policy, practice, research, and cross-system collaboration among grantees and subgrantees, and to assist in the administration of the program described in this section; and (II) for fiscal year 2024, an amount, not to exceed $2,000,000, for purposes of conducting an evaluation under subsection (d). (ii) No state entitlement to reserved funds.--The State entitlement under section 2002(a) of the Social Security Act (42 U.S.C. 1397a(a)) shall not apply to the amounts reserved under clause (i). (C) Eligible entity described.--An eligible entity described in this subparagraph is a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, that-- (i) has experience in more than 1 State in the area of community distributions of basic need services, including experience collecting, warehousing, and distributing basic necessities such as menstrual products; (ii) demonstrates competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation; and (iii) demonstrates a willingness to share information with researchers, practitioners, and other interested parties. (b) Rules Governing Use of Additional Funds.-- (1) In general.--Funds are used in accordance with this subsection if-- (A) the State, in consultation with relevant stakeholders, including agencies, professional associations, and nonprofit organizations, distributes the funds to eligible entities to-- (i) decrease the unmet need for menstrual products by low-income menstruating individuals through-- (I) the distribution of free menstrual products; (II) community outreach to assist in participation in existing menstrual product distribution programs; or (III) improving access to menstrual products among low-income individuals; and (ii) increase the ability of communities and low-income families in such communities to provide for the need for menstrual products of low-income adults; and (B) the funds are used subject to the limitations in section 2005 of the Social Security Act (42 U.S.C. 1397d). (2) Allowable uses by eligible entities.-- (A) In general.--An eligible entity receiving funds made available under subsection (a) shall use the funds for any of the following: (i) To pay for the purchase and distribution of menstrual products among low- income individuals. (ii) To integrate activities carried out under subparagraph (A) with other basic needs assistance programs serving low-income families, including the following: (I) Programs funded by the temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), including the State maintenance of effort provisions of such program. (II) Programs designed to support the health of eligible children, such as the Children's Health Insurance Program under title XXI of the Social Security Act, the Medicaid program under title XIX of such Act, or State funded health care programs. (III) Programs funded through the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966. (IV) Programs that offer early home visiting services, including the maternal, infant, and early childhood home visiting program (including the Tribal home visiting program) under section 511 of the Social Security Act (42 U.S.C. 711). (iii) To provide training or technical assistance in carrying out activities under this section. (iv) To cover administrative costs. (B) Limitation on use of funds for administrative costs.--An eligible entity receiving funds made available under this section shall not use more than 9 percent of the funds for administrative costs incurred pursuant to this section. (3) Availability of funds.-- (A) Funds distributed to eligible entities.--Funds made available under subsection (a) that are distributed to an eligible entity by a State for a fiscal year may be expended by the eligible entity only in such fiscal year or the succeeding fiscal year. (B) Evaluation.--Funds reserved under subsection (a)(2)(B)(i)(II) to carry out the evaluation under subsection (d) shall be available for expenditure through September 30, 2028. (4) No effect on other programs.--Any assistance or benefits received by a family through funds made available under subsection (a) shall be disregarded for purposes of determining the family's eligibility for, or amount of, benefits under any other Federal needs-based programs. (c) Annual Reports.--Section 2004 of the Social Security Act shall apply with respect to payments made to a State under this section in the same way it applies with respect to payments made to a State under section 2002 of such Act. (d) Evaluation.--The Secretary, in consultation with States, the eligible entities described in subsection (a)(2)(C) receiving funds made available under this section, shall-- (1) not later than December 30, 2030, complete an evaluation of the effectiveness of the assistance program carried out pursuant to this section, such as the effect of activities carried out under this Act on mitigating the health risks of unmet menstrual products need among individuals in low-income families; (2) not later than March 31, 2031, submit to the Committees on Energy and Commerce and on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the results of the evaluation; and (3) not later than April 30, 2031, publish the results of the evaluation on the internet website of the Department of Health and Human Services. (e) Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance regarding how the provisions of this section should be carried out, including information regarding eligible entities, allowable use of funds, and reporting requirements. (f) Best Practices.--The Secretary of Health and Human Services, in cooperation with the Secretary of Education, shall develop best practices for school officials to use in discussing menstruation with students, and shall publish this information on the internet website of the Department of Health and Human Services. (g) Definitions.--In this section: (1) Menstrual products.--The term ``menstrual products'' means menstrual cups, menstrual discs, menstrual underwear, and sanitary napkins and tampons, that conform to applicable industry standards. (2) Eligible entities.--The term ``eligible entity'' means a State or local governmental entity, an Indian tribe or tribal organization (as defined in section 4 of the Indian Self- Determination and Education Assistance Act), or a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code that-- (A) has experience in the area of community distributions of basic need services, including experience collecting, warehousing, and distributing basic necessities such as diapers, food, or menstrual products; (B) demonstrates competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation; and (C) demonstrates a willingness to share information with researchers, practitioners, and other interested parties. (3) State.--The term ``State'' has the meaning given in section 1101(a)(1) of the Social Security Act for purposes of title XX of such Act. (h) Limitation on Authorization of Appropriations.--For the administration of this section, there are authorized to be appropriated to the Secretary of Health and Human Services not more than $6,000,000 for fiscal years 2024 through 2027. (i) Exemption From Sequestration.--Funds made available to carry out this section shall be exempt from reduction under any order issued under the Balanced Budget and Emergency Deficit Control Act of 1985. <all>

Period PROUD (Providing Resources for Our Underserved and Disadvantaged) Act of 2022

To provide targeted funding for States and other eligible entities through the Social Services Block Grant program to increase the availability of menstrual products for individuals with limited access to such products.

Period PROUD (Providing Resources for Our Underserved and Disadvantaged) Act of 2022

Rep. Casten, Sean

D

IL

This bill provides additional funding through FY2027 for the Social Services Block Grant to support the provision of menstrual products (e.g., menstrual cups and underwear, sanitary napkins, and tampons) to low-income individuals. (This grant is a flexible funding stream used by states and territories to support a wide range of social services.) The bill also exempts the additional funds from sequestration. Sequestration is a process of automatic, across-the-board reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.

SEC. 2. TARGETED FUNDING FOR MENSTRUAL PRODUCTS THROUGH THE SOCIAL SERVICES BLOCK GRANT PROGRAM. 1397b) for purposes of subsections (a) and (b) of such section is deemed to be $1,900,000,000 for each of fiscal years 2024 through 2027, of which, the amount equal to $200,000,000, reduced by the amounts reserved under paragraph (2)(B) for each such fiscal year, shall be obligated by States in accordance with subsection (b). (2) Appropriation.-- (A) In general.--Out of any money in the Treasury of the United States not otherwise appropriated, there is appropriated $200,000,000 for each of fiscal years 2024 through 2027, to carry out this section. (C) Eligible entity described.--An eligible entity described in this subparagraph is a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, that-- (i) has experience in more than 1 State in the area of community distributions of basic need services, including experience collecting, warehousing, and distributing basic necessities such as menstrual products; (ii) demonstrates competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation; and (iii) demonstrates a willingness to share information with researchers, practitioners, and other interested parties. 1397d). (ii) To integrate activities carried out under subparagraph (A) with other basic needs assistance programs serving low-income families, including the following: (I) Programs funded by the temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq. (III) Programs funded through the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966. (IV) Programs that offer early home visiting services, including the maternal, infant, and early childhood home visiting program (including the Tribal home visiting program) under section 511 of the Social Security Act (42 U.S.C. 711). (iv) To cover administrative costs. (3) Availability of funds.-- (A) Funds distributed to eligible entities.--Funds made available under subsection (a) that are distributed to an eligible entity by a State for a fiscal year may be expended by the eligible entity only in such fiscal year or the succeeding fiscal year. (B) Evaluation.--Funds reserved under subsection (a)(2)(B)(i)(II) to carry out the evaluation under subsection (d) shall be available for expenditure through September 30, 2028. (c) Annual Reports.--Section 2004 of the Social Security Act shall apply with respect to payments made to a State under this section in the same way it applies with respect to payments made to a State under section 2002 of such Act. (f) Best Practices.--The Secretary of Health and Human Services, in cooperation with the Secretary of Education, shall develop best practices for school officials to use in discussing menstruation with students, and shall publish this information on the internet website of the Department of Health and Human Services.

2. TARGETED FUNDING FOR MENSTRUAL PRODUCTS THROUGH THE SOCIAL SERVICES BLOCK GRANT PROGRAM. 1397b) for purposes of subsections (a) and (b) of such section is deemed to be $1,900,000,000 for each of fiscal years 2024 through 2027, of which, the amount equal to $200,000,000, reduced by the amounts reserved under paragraph (2)(B) for each such fiscal year, shall be obligated by States in accordance with subsection (b). (C) Eligible entity described.--An eligible entity described in this subparagraph is a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, that-- (i) has experience in more than 1 State in the area of community distributions of basic need services, including experience collecting, warehousing, and distributing basic necessities such as menstrual products; (ii) demonstrates competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation; and (iii) demonstrates a willingness to share information with researchers, practitioners, and other interested parties. (ii) To integrate activities carried out under subparagraph (A) with other basic needs assistance programs serving low-income families, including the following: (I) Programs funded by the temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. (iv) To cover administrative costs. (3) Availability of funds.-- (A) Funds distributed to eligible entities.--Funds made available under subsection (a) that are distributed to an eligible entity by a State for a fiscal year may be expended by the eligible entity only in such fiscal year or the succeeding fiscal year. (c) Annual Reports.--Section 2004 of the Social Security Act shall apply with respect to payments made to a State under this section in the same way it applies with respect to payments made to a State under section 2002 of such Act. (f) Best Practices.--The Secretary of Health and Human Services, in cooperation with the Secretary of Education, shall develop best practices for school officials to use in discussing menstruation with students, and shall publish this information on the internet website of the Department of Health and Human Services.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Period PROUD (Providing Resources for Our Underserved and Disadvantaged) Act of 2022''. SEC. 2. TARGETED FUNDING FOR MENSTRUAL PRODUCTS THROUGH THE SOCIAL SERVICES BLOCK GRANT PROGRAM. 1397b) for purposes of subsections (a) and (b) of such section is deemed to be $1,900,000,000 for each of fiscal years 2024 through 2027, of which, the amount equal to $200,000,000, reduced by the amounts reserved under paragraph (2)(B) for each such fiscal year, shall be obligated by States in accordance with subsection (b). (2) Appropriation.-- (A) In general.--Out of any money in the Treasury of the United States not otherwise appropriated, there is appropriated $200,000,000 for each of fiscal years 2024 through 2027, to carry out this section. (C) Eligible entity described.--An eligible entity described in this subparagraph is a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, that-- (i) has experience in more than 1 State in the area of community distributions of basic need services, including experience collecting, warehousing, and distributing basic necessities such as menstrual products; (ii) demonstrates competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation; and (iii) demonstrates a willingness to share information with researchers, practitioners, and other interested parties. 1397d). (ii) To integrate activities carried out under subparagraph (A) with other basic needs assistance programs serving low-income families, including the following: (I) Programs funded by the temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq. (III) Programs funded through the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966. (IV) Programs that offer early home visiting services, including the maternal, infant, and early childhood home visiting program (including the Tribal home visiting program) under section 511 of the Social Security Act (42 U.S.C. 711). (iii) To provide training or technical assistance in carrying out activities under this section. (iv) To cover administrative costs. (3) Availability of funds.-- (A) Funds distributed to eligible entities.--Funds made available under subsection (a) that are distributed to an eligible entity by a State for a fiscal year may be expended by the eligible entity only in such fiscal year or the succeeding fiscal year. (B) Evaluation.--Funds reserved under subsection (a)(2)(B)(i)(II) to carry out the evaluation under subsection (d) shall be available for expenditure through September 30, 2028. (c) Annual Reports.--Section 2004 of the Social Security Act shall apply with respect to payments made to a State under this section in the same way it applies with respect to payments made to a State under section 2002 of such Act. (e) Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance regarding how the provisions of this section should be carried out, including information regarding eligible entities, allowable use of funds, and reporting requirements. (f) Best Practices.--The Secretary of Health and Human Services, in cooperation with the Secretary of Education, shall develop best practices for school officials to use in discussing menstruation with students, and shall publish this information on the internet website of the Department of Health and Human Services. (g) Definitions.--In this section: (1) Menstrual products.--The term ``menstrual products'' means menstrual cups, menstrual discs, menstrual underwear, and sanitary napkins and tampons, that conform to applicable industry standards.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Period PROUD (Providing Resources for Our Underserved and Disadvantaged) Act of 2022''. SEC. 2. TARGETED FUNDING FOR MENSTRUAL PRODUCTS THROUGH THE SOCIAL SERVICES BLOCK GRANT PROGRAM. 1397b) for purposes of subsections (a) and (b) of such section is deemed to be $1,900,000,000 for each of fiscal years 2024 through 2027, of which, the amount equal to $200,000,000, reduced by the amounts reserved under paragraph (2)(B) for each such fiscal year, shall be obligated by States in accordance with subsection (b). (2) Appropriation.-- (A) In general.--Out of any money in the Treasury of the United States not otherwise appropriated, there is appropriated $200,000,000 for each of fiscal years 2024 through 2027, to carry out this section. 1397a(a)) shall not apply to the amounts reserved under clause (i). (C) Eligible entity described.--An eligible entity described in this subparagraph is a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, that-- (i) has experience in more than 1 State in the area of community distributions of basic need services, including experience collecting, warehousing, and distributing basic necessities such as menstrual products; (ii) demonstrates competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation; and (iii) demonstrates a willingness to share information with researchers, practitioners, and other interested parties. (b) Rules Governing Use of Additional Funds.-- (1) In general.--Funds are used in accordance with this subsection if-- (A) the State, in consultation with relevant stakeholders, including agencies, professional associations, and nonprofit organizations, distributes the funds to eligible entities to-- (i) decrease the unmet need for menstrual products by low-income menstruating individuals through-- (I) the distribution of free menstrual products; (II) community outreach to assist in participation in existing menstrual product distribution programs; or (III) improving access to menstrual products among low-income individuals; and (ii) increase the ability of communities and low-income families in such communities to provide for the need for menstrual products of low-income adults; and (B) the funds are used subject to the limitations in section 2005 of the Social Security Act (42 U.S.C. 1397d). (ii) To integrate activities carried out under subparagraph (A) with other basic needs assistance programs serving low-income families, including the following: (I) Programs funded by the temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq. ), including the State maintenance of effort provisions of such program. (III) Programs funded through the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966. (IV) Programs that offer early home visiting services, including the maternal, infant, and early childhood home visiting program (including the Tribal home visiting program) under section 511 of the Social Security Act (42 U.S.C. 711). (iii) To provide training or technical assistance in carrying out activities under this section. (iv) To cover administrative costs. (B) Limitation on use of funds for administrative costs.--An eligible entity receiving funds made available under this section shall not use more than 9 percent of the funds for administrative costs incurred pursuant to this section. (3) Availability of funds.-- (A) Funds distributed to eligible entities.--Funds made available under subsection (a) that are distributed to an eligible entity by a State for a fiscal year may be expended by the eligible entity only in such fiscal year or the succeeding fiscal year. (B) Evaluation.--Funds reserved under subsection (a)(2)(B)(i)(II) to carry out the evaluation under subsection (d) shall be available for expenditure through September 30, 2028. (4) No effect on other programs.--Any assistance or benefits received by a family through funds made available under subsection (a) shall be disregarded for purposes of determining the family's eligibility for, or amount of, benefits under any other Federal needs-based programs. (c) Annual Reports.--Section 2004 of the Social Security Act shall apply with respect to payments made to a State under this section in the same way it applies with respect to payments made to a State under section 2002 of such Act. (e) Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance regarding how the provisions of this section should be carried out, including information regarding eligible entities, allowable use of funds, and reporting requirements. (f) Best Practices.--The Secretary of Health and Human Services, in cooperation with the Secretary of Education, shall develop best practices for school officials to use in discussing menstruation with students, and shall publish this information on the internet website of the Department of Health and Human Services. (g) Definitions.--In this section: (1) Menstrual products.--The term ``menstrual products'' means menstrual cups, menstrual discs, menstrual underwear, and sanitary napkins and tampons, that conform to applicable industry standards. (i) Exemption From Sequestration.--Funds made available to carry out this section shall be exempt from reduction under any order issued under the Balanced Budget and Emergency Deficit Control Act of 1985.

To provide targeted funding for States and other eligible entities through the Social Services Block Grant program to increase the availability of menstrual products for individuals with limited access to such products. a) Increase in Funding for Social Services Block Grant Program.-- (1) In general.--The amount specified in subsection (c) of section 2003 of the Social Security Act (42 U.S.C. 1397b) for purposes of subsections (a) and (b) of such section is deemed to be $1,900,000,000 for each of fiscal years 2024 through 2027, of which, the amount equal to $200,000,000, reduced by the amounts reserved under paragraph (2)(B) for each such fiscal year, shall be obligated by States in accordance with subsection (b). ( ii) No state entitlement to reserved funds.--The State entitlement under section 2002(a) of the Social Security Act (42 U.S.C. 1397a(a)) shall not apply to the amounts reserved under clause (i). (2) Allowable uses by eligible entities.-- (A) In general.--An eligible entity receiving funds made available under subsection (a) shall use the funds for any of the following: (i) To pay for the purchase and distribution of menstrual products among low- income individuals. ( IV) Programs that offer early home visiting services, including the maternal, infant, and early childhood home visiting program (including the Tribal home visiting program) under section 511 of the Social Security Act (42 U.S.C. 711). ( (B) Limitation on use of funds for administrative costs.--An eligible entity receiving funds made available under this section shall not use more than 9 percent of the funds for administrative costs incurred pursuant to this section. ( 4) No effect on other programs.--Any assistance or benefits received by a family through funds made available under subsection (a) shall be disregarded for purposes of determining the family's eligibility for, or amount of, benefits under any other Federal needs-based programs. ( e) Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance regarding how the provisions of this section should be carried out, including information regarding eligible entities, allowable use of funds, and reporting requirements. ( f) Best Practices.--The Secretary of Health and Human Services, in cooperation with the Secretary of Education, shall develop best practices for school officials to use in discussing menstruation with students, and shall publish this information on the internet website of the Department of Health and Human Services. (g) Definitions.--In this section: (1) Menstrual products.--The term ``menstrual products'' means menstrual cups, menstrual discs, menstrual underwear, and sanitary napkins and tampons, that conform to applicable industry standards. ( 3) State.--The term ``State'' has the meaning given in section 1101(a)(1) of the Social Security Act for purposes of title XX of such Act. ( (i) Exemption From Sequestration.--Funds made available to carry out this section shall be exempt from reduction under any order issued under the Balanced Budget and Emergency Deficit Control Act of 1985.

To provide targeted funding for States and other eligible entities through the Social Services Block Grant program to increase the availability of menstrual products for individuals with limited access to such products. a) Increase in Funding for Social Services Block Grant Program.-- (1) In general.--The amount specified in subsection (c) of section 2003 of the Social Security Act (42 U.S.C. 1397b) for purposes of subsections (a) and (b) of such section is deemed to be $1,900,000,000 for each of fiscal years 2024 through 2027, of which, the amount equal to $200,000,000, reduced by the amounts reserved under paragraph (2)(B) for each such fiscal year, shall be obligated by States in accordance with subsection (b). ( 2) Allowable uses by eligible entities.-- (A) In general.--An eligible entity receiving funds made available under subsection (a) shall use the funds for any of the following: (i) To pay for the purchase and distribution of menstrual products among low- income individuals. ( including the State maintenance of effort provisions of such program. (II) Programs designed to support the health of eligible children, such as the Children's Health Insurance Program under title XXI of the Social Security Act, the Medicaid program under title XIX of such Act, or State funded health care programs. ( B) Evaluation.--Funds reserved under subsection (a)(2)(B)(i)(II) to carry out the evaluation under subsection (d) shall be available for expenditure through September 30, 2028. ( e) Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance regarding how the provisions of this section should be carried out, including information regarding eligible entities, allowable use of funds, and reporting requirements. ( f) Best Practices.--The Secretary of Health and Human Services, in cooperation with the Secretary of Education, shall develop best practices for school officials to use in discussing menstruation with students, and shall publish this information on the internet website of the Department of Health and Human Services. ( 3) State.--The term ``State'' has the meaning given in section 1101(a)(1) of the Social Security Act for purposes of title XX of such Act. ( h) Limitation on Authorization of Appropriations.--For the administration of this section, there are authorized to be appropriated to the Secretary of Health and Human Services not more than $6,000,000 for fiscal years 2024 through 2027. (

To provide targeted funding for States and other eligible entities through the Social Services Block Grant program to increase the availability of menstrual products for individuals with limited access to such products. a) Increase in Funding for Social Services Block Grant Program.-- (1) In general.--The amount specified in subsection (c) of section 2003 of the Social Security Act (42 U.S.C. 1397b) for purposes of subsections (a) and (b) of such section is deemed to be $1,900,000,000 for each of fiscal years 2024 through 2027, of which, the amount equal to $200,000,000, reduced by the amounts reserved under paragraph (2)(B) for each such fiscal year, shall be obligated by States in accordance with subsection (b). ( 2) Allowable uses by eligible entities.-- (A) In general.--An eligible entity receiving funds made available under subsection (a) shall use the funds for any of the following: (i) To pay for the purchase and distribution of menstrual products among low- income individuals. ( including the State maintenance of effort provisions of such program. (II) Programs designed to support the health of eligible children, such as the Children's Health Insurance Program under title XXI of the Social Security Act, the Medicaid program under title XIX of such Act, or State funded health care programs. ( B) Evaluation.--Funds reserved under subsection (a)(2)(B)(i)(II) to carry out the evaluation under subsection (d) shall be available for expenditure through September 30, 2028. ( e) Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance regarding how the provisions of this section should be carried out, including information regarding eligible entities, allowable use of funds, and reporting requirements. ( f) Best Practices.--The Secretary of Health and Human Services, in cooperation with the Secretary of Education, shall develop best practices for school officials to use in discussing menstruation with students, and shall publish this information on the internet website of the Department of Health and Human Services. ( 3) State.--The term ``State'' has the meaning given in section 1101(a)(1) of the Social Security Act for purposes of title XX of such Act. ( h) Limitation on Authorization of Appropriations.--For the administration of this section, there are authorized to be appropriated to the Secretary of Health and Human Services not more than $6,000,000 for fiscal years 2024 through 2027. (

To provide targeted funding for States and other eligible entities through the Social Services Block Grant program to increase the availability of menstrual products for individuals with limited access to such products. a) Increase in Funding for Social Services Block Grant Program.-- (1) In general.--The amount specified in subsection (c) of section 2003 of the Social Security Act (42 U.S.C. 1397b) for purposes of subsections (a) and (b) of such section is deemed to be $1,900,000,000 for each of fiscal years 2024 through 2027, of which, the amount equal to $200,000,000, reduced by the amounts reserved under paragraph (2)(B) for each such fiscal year, shall be obligated by States in accordance with subsection (b). ( ii) No state entitlement to reserved funds.--The State entitlement under section 2002(a) of the Social Security Act (42 U.S.C. 1397a(a)) shall not apply to the amounts reserved under clause (i). (2) Allowable uses by eligible entities.-- (A) In general.--An eligible entity receiving funds made available under subsection (a) shall use the funds for any of the following: (i) To pay for the purchase and distribution of menstrual products among low- income individuals. ( IV) Programs that offer early home visiting services, including the maternal, infant, and early childhood home visiting program (including the Tribal home visiting program) under section 511 of the Social Security Act (42 U.S.C. 711). ( (B) Limitation on use of funds for administrative costs.--An eligible entity receiving funds made available under this section shall not use more than 9 percent of the funds for administrative costs incurred pursuant to this section. ( 4) No effect on other programs.--Any assistance or benefits received by a family through funds made available under subsection (a) shall be disregarded for purposes of determining the family's eligibility for, or amount of, benefits under any other Federal needs-based programs. ( e) Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance regarding how the provisions of this section should be carried out, including information regarding eligible entities, allowable use of funds, and reporting requirements. ( f) Best Practices.--The Secretary of Health and Human Services, in cooperation with the Secretary of Education, shall develop best practices for school officials to use in discussing menstruation with students, and shall publish this information on the internet website of the Department of Health and Human Services. (g) Definitions.--In this section: (1) Menstrual products.--The term ``menstrual products'' means menstrual cups, menstrual discs, menstrual underwear, and sanitary napkins and tampons, that conform to applicable industry standards. ( 3) State.--The term ``State'' has the meaning given in section 1101(a)(1) of the Social Security Act for purposes of title XX of such Act. ( (i) Exemption From Sequestration.--Funds made available to carry out this section shall be exempt from reduction under any order issued under the Balanced Budget and Emergency Deficit Control Act of 1985.

To provide targeted funding for States and other eligible entities through the Social Services Block Grant program to increase the availability of menstrual products for individuals with limited access to such products. a) Increase in Funding for Social Services Block Grant Program.-- (1) In general.--The amount specified in subsection (c) of section 2003 of the Social Security Act (42 U.S.C. 1397b) for purposes of subsections (a) and (b) of such section is deemed to be $1,900,000,000 for each of fiscal years 2024 through 2027, of which, the amount equal to $200,000,000, reduced by the amounts reserved under paragraph (2)(B) for each such fiscal year, shall be obligated by States in accordance with subsection (b). ( 2) Allowable uses by eligible entities.-- (A) In general.--An eligible entity receiving funds made available under subsection (a) shall use the funds for any of the following: (i) To pay for the purchase and distribution of menstrual products among low- income individuals. ( including the State maintenance of effort provisions of such program. (II) Programs designed to support the health of eligible children, such as the Children's Health Insurance Program under title XXI of the Social Security Act, the Medicaid program under title XIX of such Act, or State funded health care programs. ( B) Evaluation.--Funds reserved under subsection (a)(2)(B)(i)(II) to carry out the evaluation under subsection (d) shall be available for expenditure through September 30, 2028. ( e) Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance regarding how the provisions of this section should be carried out, including information regarding eligible entities, allowable use of funds, and reporting requirements. ( f) Best Practices.--The Secretary of Health and Human Services, in cooperation with the Secretary of Education, shall develop best practices for school officials to use in discussing menstruation with students, and shall publish this information on the internet website of the Department of Health and Human Services. ( 3) State.--The term ``State'' has the meaning given in section 1101(a)(1) of the Social Security Act for purposes of title XX of such Act. ( h) Limitation on Authorization of Appropriations.--For the administration of this section, there are authorized to be appropriated to the Secretary of Health and Human Services not more than $6,000,000 for fiscal years 2024 through 2027. (

To provide targeted funding for States and other eligible entities through the Social Services Block Grant program to increase the availability of menstrual products for individuals with limited access to such products. a) Increase in Funding for Social Services Block Grant Program.-- (1) In general.--The amount specified in subsection (c) of section 2003 of the Social Security Act (42 U.S.C. 1397b) for purposes of subsections (a) and (b) of such section is deemed to be $1,900,000,000 for each of fiscal years 2024 through 2027, of which, the amount equal to $200,000,000, reduced by the amounts reserved under paragraph (2)(B) for each such fiscal year, shall be obligated by States in accordance with subsection (b). ( ii) No state entitlement to reserved funds.--The State entitlement under section 2002(a) of the Social Security Act (42 U.S.C. 1397a(a)) shall not apply to the amounts reserved under clause (i). (2) Allowable uses by eligible entities.-- (A) In general.--An eligible entity receiving funds made available under subsection (a) shall use the funds for any of the following: (i) To pay for the purchase and distribution of menstrual products among low- income individuals. ( IV) Programs that offer early home visiting services, including the maternal, infant, and early childhood home visiting program (including the Tribal home visiting program) under section 511 of the Social Security Act (42 U.S.C. 711). ( (B) Limitation on use of funds for administrative costs.--An eligible entity receiving funds made available under this section shall not use more than 9 percent of the funds for administrative costs incurred pursuant to this section. ( 4) No effect on other programs.--Any assistance or benefits received by a family through funds made available under subsection (a) shall be disregarded for purposes of determining the family's eligibility for, or amount of, benefits under any other Federal needs-based programs. ( e) Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance regarding how the provisions of this section should be carried out, including information regarding eligible entities, allowable use of funds, and reporting requirements. ( f) Best Practices.--The Secretary of Health and Human Services, in cooperation with the Secretary of Education, shall develop best practices for school officials to use in discussing menstruation with students, and shall publish this information on the internet website of the Department of Health and Human Services. (g) Definitions.--In this section: (1) Menstrual products.--The term ``menstrual products'' means menstrual cups, menstrual discs, menstrual underwear, and sanitary napkins and tampons, that conform to applicable industry standards. ( 3) State.--The term ``State'' has the meaning given in section 1101(a)(1) of the Social Security Act for purposes of title XX of such Act. ( (i) Exemption From Sequestration.--Funds made available to carry out this section shall be exempt from reduction under any order issued under the Balanced Budget and Emergency Deficit Control Act of 1985.

To provide targeted funding for States and other eligible entities through the Social Services Block Grant program to increase the availability of menstrual products for individuals with limited access to such products. a) Increase in Funding for Social Services Block Grant Program.-- (1) In general.--The amount specified in subsection (c) of section 2003 of the Social Security Act (42 U.S.C. 1397b) for purposes of subsections (a) and (b) of such section is deemed to be $1,900,000,000 for each of fiscal years 2024 through 2027, of which, the amount equal to $200,000,000, reduced by the amounts reserved under paragraph (2)(B) for each such fiscal year, shall be obligated by States in accordance with subsection (b). ( 2) Allowable uses by eligible entities.-- (A) In general.--An eligible entity receiving funds made available under subsection (a) shall use the funds for any of the following: (i) To pay for the purchase and distribution of menstrual products among low- income individuals. ( including the State maintenance of effort provisions of such program. (II) Programs designed to support the health of eligible children, such as the Children's Health Insurance Program under title XXI of the Social Security Act, the Medicaid program under title XIX of such Act, or State funded health care programs. ( B) Evaluation.--Funds reserved under subsection (a)(2)(B)(i)(II) to carry out the evaluation under subsection (d) shall be available for expenditure through September 30, 2028. ( e) Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance regarding how the provisions of this section should be carried out, including information regarding eligible entities, allowable use of funds, and reporting requirements. ( f) Best Practices.--The Secretary of Health and Human Services, in cooperation with the Secretary of Education, shall develop best practices for school officials to use in discussing menstruation with students, and shall publish this information on the internet website of the Department of Health and Human Services. ( 3) State.--The term ``State'' has the meaning given in section 1101(a)(1) of the Social Security Act for purposes of title XX of such Act. ( h) Limitation on Authorization of Appropriations.--For the administration of this section, there are authorized to be appropriated to the Secretary of Health and Human Services not more than $6,000,000 for fiscal years 2024 through 2027. (

To provide targeted funding for States and other eligible entities through the Social Services Block Grant program to increase the availability of menstrual products for individuals with limited access to such products. a) Increase in Funding for Social Services Block Grant Program.-- (1) In general.--The amount specified in subsection (c) of section 2003 of the Social Security Act (42 U.S.C. 1397b) for purposes of subsections (a) and (b) of such section is deemed to be $1,900,000,000 for each of fiscal years 2024 through 2027, of which, the amount equal to $200,000,000, reduced by the amounts reserved under paragraph (2)(B) for each such fiscal year, shall be obligated by States in accordance with subsection (b). ( ii) No state entitlement to reserved funds.--The State entitlement under section 2002(a) of the Social Security Act (42 U.S.C. 1397a(a)) shall not apply to the amounts reserved under clause (i). (2) Allowable uses by eligible entities.-- (A) In general.--An eligible entity receiving funds made available under subsection (a) shall use the funds for any of the following: (i) To pay for the purchase and distribution of menstrual products among low- income individuals. ( IV) Programs that offer early home visiting services, including the maternal, infant, and early childhood home visiting program (including the Tribal home visiting program) under section 511 of the Social Security Act (42 U.S.C. 711). ( (B) Limitation on use of funds for administrative costs.--An eligible entity receiving funds made available under this section shall not use more than 9 percent of the funds for administrative costs incurred pursuant to this section. ( 4) No effect on other programs.--Any assistance or benefits received by a family through funds made available under subsection (a) shall be disregarded for purposes of determining the family's eligibility for, or amount of, benefits under any other Federal needs-based programs. ( e) Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance regarding how the provisions of this section should be carried out, including information regarding eligible entities, allowable use of funds, and reporting requirements. ( f) Best Practices.--The Secretary of Health and Human Services, in cooperation with the Secretary of Education, shall develop best practices for school officials to use in discussing menstruation with students, and shall publish this information on the internet website of the Department of Health and Human Services. (g) Definitions.--In this section: (1) Menstrual products.--The term ``menstrual products'' means menstrual cups, menstrual discs, menstrual underwear, and sanitary napkins and tampons, that conform to applicable industry standards. ( 3) State.--The term ``State'' has the meaning given in section 1101(a)(1) of the Social Security Act for purposes of title XX of such Act. ( (i) Exemption From Sequestration.--Funds made available to carry out this section shall be exempt from reduction under any order issued under the Balanced Budget and Emergency Deficit Control Act of 1985.

To provide targeted funding for States and other eligible entities through the Social Services Block Grant program to increase the availability of menstrual products for individuals with limited access to such products. a) Increase in Funding for Social Services Block Grant Program.-- (1) In general.--The amount specified in subsection (c) of section 2003 of the Social Security Act (42 U.S.C. 1397b) for purposes of subsections (a) and (b) of such section is deemed to be $1,900,000,000 for each of fiscal years 2024 through 2027, of which, the amount equal to $200,000,000, reduced by the amounts reserved under paragraph (2)(B) for each such fiscal year, shall be obligated by States in accordance with subsection (b). ( ( h) Limitation on Authorization of Appropriations.--For the administration of this section, there are authorized to be appropriated to the Secretary of Health and Human Services not more than $6,000,000 for fiscal years 2024 through 2027. (

To provide targeted funding for States and other eligible entities through the Social Services Block Grant program to increase the availability of menstrual products for individuals with limited access to such products. a) Increase in Funding for Social Services Block Grant Program.-- (1) In general.--The amount specified in subsection (c) of section 2003 of the Social Security Act (42 U.S.C. 1397b) for purposes of subsections (a) and (b) of such section is deemed to be $1,900,000,000 for each of fiscal years 2024 through 2027, of which, the amount equal to $200,000,000, reduced by the amounts reserved under paragraph (2)(B) for each such fiscal year, shall be obligated by States in accordance with subsection (b). ( ( (B) Limitation on use of funds for administrative costs.--An eligible entity receiving funds made available under this section shall not use more than 9 percent of the funds for administrative costs incurred pursuant to this section. ( e) Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance regarding how the provisions of this section should be carried out, including information regarding eligible entities, allowable use of funds, and reporting requirements. ( ( (i) Exemption From Sequestration.--Funds made available to carry out this section shall be exempt from reduction under any order issued under the Balanced Budget and Emergency Deficit Control Act of 1985.

Period PROUD (Providing Resources for Our Underserved and Disadvantaged) Act of 2022 - Amends title XVIII (Medicare) of the Social Security Act to provide targeted funding for States and other eligible entities through the Social Services Block Grant program to increase the availability of menstrual products for individuals with limited access to such products. (Sec. 2) Increases Directs the Secretary of Health and Human Services to: (1) complete an evaluation of the effectiveness of the assistance program carried out under this Act, such as the effect of activities carried out on mitigating the health risks of unmet menstrual products need among individuals in low-income families; (2) submit to Congress a report on the results of the evaluation; and (3) publish

S.516

Transportation and Public Works

Advanced Air Mobility Coordination and Leadership Act This act directs the Department of Transportation to establish an Advanced Air Mobility (AAM) interagency working group to plan and coordinate efforts related to the safety, infrastructure, physical security, cybersecurity, and federal investment necessary to bolster the AAM ecosystem, particularly passenger-carrying aircraft, in the United States. Advanced Air Mobility refers to an air transportation system that moves people and cargo between places using new aircraft designs that are integrated into existing airspace operations as well as operated in local, regional, intraregional, rural, and urban environments. Additionally, the Government Accountability Office must study and report to Congress on the interests, roles, and responsibilities of federal, state, local, and tribal governments affected by AAM aircraft and operations.

[117th Congress Public Law 203] [From the U.S. Government Publishing Office] [[Page 136 STAT. 2227]] Public Law 117-203 117th Congress An Act To plan for and coordinate efforts to integrate advanced air mobility aircraft into the national airspace system, and for other purposes. <<NOTE: Oct. 17, 2022 - [S. 516]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Advanced Air Mobility Coordination and Leadership Act.>> SECTION <<NOTE: 49 USC 40101 note.>> 1. SHORT TITLE. This Act may be cited as the ``Advanced Air Mobility Coordination and Leadership Act'' SEC. <<NOTE: Deadlines. 49 USC 40101 note.>> 2. ADVANCED AIR MOBILITY WORKING GROUP. (a) <<NOTE: Establishment.>> In General.--Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall establish an advanced air mobility interagency working group (in this section referred to as the ``working group''). (b) Purpose.--Advanced Air Mobility represents a key area of sustainable transportation and economic growth for the United States and it is imperative that the Federal Government foster leadership and interagency collaboration in the adoption and deployment of this technology. <<NOTE: Plan. Coordination.>> The purpose of the working group established under this section shall be to plan for and coordinate efforts related to safety, operations, infrastructure, physical security and cybersecurity, and Federal investment necessary for maturation of the AAM ecosystem in the United States, particularly passenger-carrying aircraft, in order to-- (1) grow new transportation options; (2) amplify economic activity and jobs; (3) advance environmental sustainability and new technologies; and (4) support emergency preparedness and competitiveness. (c) <<NOTE: Designations.>> Membership.--Not later than 60 days after the establishment of the working group under subsection (a), the Secretary of Transportation shall-- (1) <<NOTE: Appointment.>> appoint the Under Secretary of Transportation for Policy to chair the working group; (2) designate not less than 1 additional representative to participate on the working group from each of-- (A) the Department of Transportation; and (B) the Federal Aviation Administration; and (3) invite the heads of each of the following departments or agencies to designate not less than 1 representative to participate on the working group, including-- (A) the National Aeronautics and Space Administration; (B) the Department of Commerce; [[Page 136 STAT. 2228]] (C) the Department of Defense; (D) the Department of Energy; (E) the Department of Homeland Security; (F) the Department of Agriculture; (G) the Department of Labor; (H) the Federal Communications Commission; and (I) such other departments or agencies as the Secretary of Transportation determines appropriate. (d) Coordination.-- (1) <<NOTE: Determination.>> In general.--The working group shall engage with State, local, and Tribal governments, aviation industry and labor stakeholders, stakeholder associations, and others determined appropriate by the Secretary of Transportation and the Administrator of the Federal Aviation Administration, including-- (A) manufacturers of aircraft, avionics, propulsion systems, structures, and air traffic management systems; (B) commercial air carriers, commercial operators, unmanned aircraft system operators, and general aviation operators, including helicopter operators; (C) intended operators of AAM aircraft; (D) airports, heliports, fixed-base operators; (E) certified labor representatives for pilots associations, air traffic control specialists employed by the Federal Aviation Administration, aircraft mechanics, and aviation safety inspectors; (F) State, local, and Tribal officials or public agencies, with representation from both urban and rural areas; (G) first responders; (H) groups representing environmental interests; (I) electric utilities, energy providers and energy market operators; (J) academia with experience working with industry on new technology and commercialization; (K) groups representing the telecommunications industry; and (L) aviation training and maintenance providers. (2) Advisory committees.--The Secretary of Transportation and Administrator of the Federal Aviation Administration may use such Federal advisory committees as may be appropriate to coordinate with the entities listed in paragraph (1). (e) Review and Examination.--Not later than 1 year after the working group is established under subsection (a), the working group shall complete a review and examination of, at a minimum-- (1) the steps that will mature AAM aircraft operations, concepts, and regulatory frameworks beyond initial operations; (2) the air traffic management and safety concepts that might be considered as part of evolving AAM to higher levels of traffic density; (3) current Federal programs and policies that could be leveraged to advance the maturation of the AAM industry; (4) infrastructure, including aviation, cybersecurity, telecommunication, multimodal, and utility infrastructure, necessary to accommodate and support expanded operations of AAM after initial implementation; [[Page 136 STAT. 2229]] (5) steps needed to ensure a robust and secure domestic supply chain; (6) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster response, and transportation benefits; (7) the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft operations; and (8) other factors that may limit the full potential of the AAM industry, including community acceptance or restrictions of such operations. (f) AAM National Strategy.--Based on the review and examination performed under subsection (e), the working group shall develop an AAM National Strategy that includes-- (1) <<NOTE: Recommenda- tions.>> recommendations regarding the safety, operations, security, infrastructure, air traffic concepts, and other Federal investment or actions necessary to support the evolution of early AAM to higher levels of activity and societal benefit; and (2) <<NOTE: Plan.>> a comprehensive plan detailing the roles and responsibilities of each Federal department and agency, and of State, local, and Tribal governments, necessary to facilitate or implement the recommendations developed under paragraph (1). (g) Report.--Not later than 180 days after the completion of the review and examination performed under subsection (e), the working group shall submit to the appropriate committees of Congress a report-- (1) detailing findings from the review and examination performed under subsection (e); and (2) providing the AAM National Strategy, including the plan and associated recommendations developed under subsection (f). (h) <<NOTE: Notification.>> Evaluation of Termination of Working Group.--Not later than 30 days after the date on which the working group submits the report required under subsection (g), the Secretary of Transportation shall evaluate and decide whether to terminate the working group and shall notify the appropriate committees of Congress of such decision. (i) Definitions.--For purposes of this section and section 3: (1) Advanced air mobility; aam.--The terms ``advanced air mobility'' and ``AAM'' mean a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace. (2) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (3) Electric aircraft.--The term ``electric aircraft'' means an aircraft with a fully electric or hybrid (fuel and electric) driven propulsion system used for flight. (4) Fixed-base operator.--The term ``fixed-base operator'' means a business granted the right by an airport sponsor or heliport sponsor to operate on an airport or heliport and [[Page 136 STAT. 2230]] provide aeronautical services, including fueling and charging, aircraft hangaring, tiedown and parking, aircraft rental, aircraft maintenance, and flight instruction. (5) State.--The term ``State'' has the meaning given such term in section 47102 of title 49, United States Code. (6) Vertical take-off and landing.--The term ``vertical take-off and landing'' means an aircraft with lift/thrust units used to generate powered lift and control and with two or more lift/thrust units used to provide lift during vertical take-off or landing. SEC. 3. GAO STUDY AND REPORT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a study on the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft and operations; and (2) submit to the appropriate committees of Congress a report on the study, including the Comptroller General's findings and conclusions. (b) <<NOTE: Review.>> Requirements.--In conducting the study required under subsection (a), the Comptroller General shall review the following: (1) The state of the law as of the enactment of this Act with respect to Federal authority over operations of AAM aircraft systems in the national airspace system. (2) The state of the law as of the enactment of this Act with respect to State, local, and Tribal authority over operations of AAM aircraft in the national airspace system. (3) Potential gaps between authorities under paragraphs (1) and (2). (4) Proposals to facilitate the safe and financially viable growth and development of the AAM industry and integration of AAM aircraft into the national airspace system. Approved October 17, 2022. LEGISLATIVE HISTORY--S. 516 (H.R. 1339): --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-158 (Comm. on Transportation and Infrastructure) accompanying H.R. 1339. SENATE REPORTS: No. 117-53 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 168 (2022): Mar. 23, considered and passed Senate. June 13, 14, considered and passed House, amended. Sept. 21, Senate concurred in House amendment. <all>

Advanced Air Mobility Coordination and Leadership Act

A bill to plan for and coordinate efforts to integrate advanced air mobility aircraft into the national airspace system, and for other purposes.

Advanced Air Mobility Coordination and Leadership Act Advanced Air Mobility Coordination and Leadership Act Advanced Air Mobility Coordination and Leadership Act

Sen. Moran, Jerry

R

KS

This act directs the Department of Transportation to establish an Advanced Air Mobility (AAM) interagency working group to plan and coordinate efforts related to the safety, infrastructure, physical security, cybersecurity, and federal investment necessary to bolster the AAM ecosystem, particularly passenger-carrying aircraft, in the United States. Advanced Air Mobility refers to an air transportation system that moves people and cargo between places using new aircraft designs that are integrated into existing airspace operations as well as operated in local, regional, intraregional, rural, and urban environments. Additionally, the Government Accountability Office must study and report to Congress on the interests, roles, and responsibilities of federal, state, local, and tribal governments affected by AAM aircraft and operations.

SHORT TITLE. 49 USC 40101 note.>> 2. ADVANCED AIR MOBILITY WORKING GROUP. (b) Purpose.--Advanced Air Mobility represents a key area of sustainable transportation and economic growth for the United States and it is imperative that the Federal Government foster leadership and interagency collaboration in the adoption and deployment of this technology. <<NOTE: Plan. Coordination.>> The purpose of the working group established under this section shall be to plan for and coordinate efforts related to safety, operations, infrastructure, physical security and cybersecurity, and Federal investment necessary for maturation of the AAM ecosystem in the United States, particularly passenger-carrying aircraft, in order to-- (1) grow new transportation options; (2) amplify economic activity and jobs; (3) advance environmental sustainability and new technologies; and (4) support emergency preparedness and competitiveness. 2228]] (C) the Department of Defense; (D) the Department of Energy; (E) the Department of Homeland Security; (F) the Department of Agriculture; (G) the Department of Labor; (H) the Federal Communications Commission; and (I) such other departments or agencies as the Secretary of Transportation determines appropriate. (2) Advisory committees.--The Secretary of Transportation and Administrator of the Federal Aviation Administration may use such Federal advisory committees as may be appropriate to coordinate with the entities listed in paragraph (1). (g) Report.--Not later than 180 days after the completion of the review and examination performed under subsection (e), the working group shall submit to the appropriate committees of Congress a report-- (1) detailing findings from the review and examination performed under subsection (e); and (2) providing the AAM National Strategy, including the plan and associated recommendations developed under subsection (f). (2) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (3) Electric aircraft.--The term ``electric aircraft'' means an aircraft with a fully electric or hybrid (fuel and electric) driven propulsion system used for flight. (4) Fixed-base operator.--The term ``fixed-base operator'' means a business granted the right by an airport sponsor or heliport sponsor to operate on an airport or heliport and [[Page 136 STAT. (6) Vertical take-off and landing.--The term ``vertical take-off and landing'' means an aircraft with lift/thrust units used to generate powered lift and control and with two or more lift/thrust units used to provide lift during vertical take-off or landing. SEC. 3. GAO STUDY AND REPORT. (2) The state of the law as of the enactment of this Act with respect to State, local, and Tribal authority over operations of AAM aircraft in the national airspace system. Approved October 17, 2022. LEGISLATIVE HISTORY--S. 516 (H.R. 117-158 (Comm. 1339. 23, considered and passed Senate.

ADVANCED AIR MOBILITY WORKING GROUP. (b) Purpose.--Advanced Air Mobility represents a key area of sustainable transportation and economic growth for the United States and it is imperative that the Federal Government foster leadership and interagency collaboration in the adoption and deployment of this technology. <<NOTE: Plan. 2228]] (C) the Department of Defense; (D) the Department of Energy; (E) the Department of Homeland Security; (F) the Department of Agriculture; (G) the Department of Labor; (H) the Federal Communications Commission; and (I) such other departments or agencies as the Secretary of Transportation determines appropriate. (2) Advisory committees.--The Secretary of Transportation and Administrator of the Federal Aviation Administration may use such Federal advisory committees as may be appropriate to coordinate with the entities listed in paragraph (1). (g) Report.--Not later than 180 days after the completion of the review and examination performed under subsection (e), the working group shall submit to the appropriate committees of Congress a report-- (1) detailing findings from the review and examination performed under subsection (e); and (2) providing the AAM National Strategy, including the plan and associated recommendations developed under subsection (f). (2) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (3) Electric aircraft.--The term ``electric aircraft'' means an aircraft with a fully electric or hybrid (fuel and electric) driven propulsion system used for flight. (4) Fixed-base operator.--The term ``fixed-base operator'' means a business granted the right by an airport sponsor or heliport sponsor to operate on an airport or heliport and [[Page 136 STAT. (6) Vertical take-off and landing.--The term ``vertical take-off and landing'' means an aircraft with lift/thrust units used to generate powered lift and control and with two or more lift/thrust units used to provide lift during vertical take-off or landing. SEC. 3. GAO STUDY AND REPORT. (2) The state of the law as of the enactment of this Act with respect to State, local, and Tribal authority over operations of AAM aircraft in the national airspace system. Approved October 17, 2022. 117-158 (Comm. 1339.

[117th Congress Public Law 203] [From the U.S. Government Publishing Office] [[Page 136 STAT. SHORT TITLE. 49 USC 40101 note.>> 2. ADVANCED AIR MOBILITY WORKING GROUP. (b) Purpose.--Advanced Air Mobility represents a key area of sustainable transportation and economic growth for the United States and it is imperative that the Federal Government foster leadership and interagency collaboration in the adoption and deployment of this technology. <<NOTE: Plan. Coordination.>> The purpose of the working group established under this section shall be to plan for and coordinate efforts related to safety, operations, infrastructure, physical security and cybersecurity, and Federal investment necessary for maturation of the AAM ecosystem in the United States, particularly passenger-carrying aircraft, in order to-- (1) grow new transportation options; (2) amplify economic activity and jobs; (3) advance environmental sustainability and new technologies; and (4) support emergency preparedness and competitiveness. 2228]] (C) the Department of Defense; (D) the Department of Energy; (E) the Department of Homeland Security; (F) the Department of Agriculture; (G) the Department of Labor; (H) the Federal Communications Commission; and (I) such other departments or agencies as the Secretary of Transportation determines appropriate. (2) Advisory committees.--The Secretary of Transportation and Administrator of the Federal Aviation Administration may use such Federal advisory committees as may be appropriate to coordinate with the entities listed in paragraph (1). (e) Review and Examination.--Not later than 1 year after the working group is established under subsection (a), the working group shall complete a review and examination of, at a minimum-- (1) the steps that will mature AAM aircraft operations, concepts, and regulatory frameworks beyond initial operations; (2) the air traffic management and safety concepts that might be considered as part of evolving AAM to higher levels of traffic density; (3) current Federal programs and policies that could be leveraged to advance the maturation of the AAM industry; (4) infrastructure, including aviation, cybersecurity, telecommunication, multimodal, and utility infrastructure, necessary to accommodate and support expanded operations of AAM after initial implementation; [[Page 136 STAT. (g) Report.--Not later than 180 days after the completion of the review and examination performed under subsection (e), the working group shall submit to the appropriate committees of Congress a report-- (1) detailing findings from the review and examination performed under subsection (e); and (2) providing the AAM National Strategy, including the plan and associated recommendations developed under subsection (f). (2) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (3) Electric aircraft.--The term ``electric aircraft'' means an aircraft with a fully electric or hybrid (fuel and electric) driven propulsion system used for flight. (4) Fixed-base operator.--The term ``fixed-base operator'' means a business granted the right by an airport sponsor or heliport sponsor to operate on an airport or heliport and [[Page 136 STAT. 2230]] provide aeronautical services, including fueling and charging, aircraft hangaring, tiedown and parking, aircraft rental, aircraft maintenance, and flight instruction. (6) Vertical take-off and landing.--The term ``vertical take-off and landing'' means an aircraft with lift/thrust units used to generate powered lift and control and with two or more lift/thrust units used to provide lift during vertical take-off or landing. SEC. 3. GAO STUDY AND REPORT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a study on the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft and operations; and (2) submit to the appropriate committees of Congress a report on the study, including the Comptroller General's findings and conclusions. (2) The state of the law as of the enactment of this Act with respect to State, local, and Tribal authority over operations of AAM aircraft in the national airspace system. (4) Proposals to facilitate the safe and financially viable growth and development of the AAM industry and integration of AAM aircraft into the national airspace system. Approved October 17, 2022. LEGISLATIVE HISTORY--S. 516 (H.R. 117-158 (Comm. 1339. CONGRESSIONAL RECORD, Vol. 168 (2022): Mar. 23, considered and passed Senate. Sept. 21, Senate concurred in House amendment.

[117th Congress Public Law 203] [From the U.S. Government Publishing Office] [[Page 136 STAT. SHORT TITLE. <<NOTE: Deadlines. 49 USC 40101 note.>> 2. ADVANCED AIR MOBILITY WORKING GROUP. (b) Purpose.--Advanced Air Mobility represents a key area of sustainable transportation and economic growth for the United States and it is imperative that the Federal Government foster leadership and interagency collaboration in the adoption and deployment of this technology. <<NOTE: Plan. Coordination.>> The purpose of the working group established under this section shall be to plan for and coordinate efforts related to safety, operations, infrastructure, physical security and cybersecurity, and Federal investment necessary for maturation of the AAM ecosystem in the United States, particularly passenger-carrying aircraft, in order to-- (1) grow new transportation options; (2) amplify economic activity and jobs; (3) advance environmental sustainability and new technologies; and (4) support emergency preparedness and competitiveness. (c) <<NOTE: Designations.>> Membership.--Not later than 60 days after the establishment of the working group under subsection (a), the Secretary of Transportation shall-- (1) <<NOTE: Appointment.>> appoint the Under Secretary of Transportation for Policy to chair the working group; (2) designate not less than 1 additional representative to participate on the working group from each of-- (A) the Department of Transportation; and (B) the Federal Aviation Administration; and (3) invite the heads of each of the following departments or agencies to designate not less than 1 representative to participate on the working group, including-- (A) the National Aeronautics and Space Administration; (B) the Department of Commerce; [[Page 136 STAT. 2228]] (C) the Department of Defense; (D) the Department of Energy; (E) the Department of Homeland Security; (F) the Department of Agriculture; (G) the Department of Labor; (H) the Federal Communications Commission; and (I) such other departments or agencies as the Secretary of Transportation determines appropriate. (2) Advisory committees.--The Secretary of Transportation and Administrator of the Federal Aviation Administration may use such Federal advisory committees as may be appropriate to coordinate with the entities listed in paragraph (1). (e) Review and Examination.--Not later than 1 year after the working group is established under subsection (a), the working group shall complete a review and examination of, at a minimum-- (1) the steps that will mature AAM aircraft operations, concepts, and regulatory frameworks beyond initial operations; (2) the air traffic management and safety concepts that might be considered as part of evolving AAM to higher levels of traffic density; (3) current Federal programs and policies that could be leveraged to advance the maturation of the AAM industry; (4) infrastructure, including aviation, cybersecurity, telecommunication, multimodal, and utility infrastructure, necessary to accommodate and support expanded operations of AAM after initial implementation; [[Page 136 STAT. 2229]] (5) steps needed to ensure a robust and secure domestic supply chain; (6) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster response, and transportation benefits; (7) the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft operations; and (8) other factors that may limit the full potential of the AAM industry, including community acceptance or restrictions of such operations. (g) Report.--Not later than 180 days after the completion of the review and examination performed under subsection (e), the working group shall submit to the appropriate committees of Congress a report-- (1) detailing findings from the review and examination performed under subsection (e); and (2) providing the AAM National Strategy, including the plan and associated recommendations developed under subsection (f). (2) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (3) Electric aircraft.--The term ``electric aircraft'' means an aircraft with a fully electric or hybrid (fuel and electric) driven propulsion system used for flight. (4) Fixed-base operator.--The term ``fixed-base operator'' means a business granted the right by an airport sponsor or heliport sponsor to operate on an airport or heliport and [[Page 136 STAT. 2230]] provide aeronautical services, including fueling and charging, aircraft hangaring, tiedown and parking, aircraft rental, aircraft maintenance, and flight instruction. (6) Vertical take-off and landing.--The term ``vertical take-off and landing'' means an aircraft with lift/thrust units used to generate powered lift and control and with two or more lift/thrust units used to provide lift during vertical take-off or landing. SEC. 3. GAO STUDY AND REPORT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a study on the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft and operations; and (2) submit to the appropriate committees of Congress a report on the study, including the Comptroller General's findings and conclusions. (2) The state of the law as of the enactment of this Act with respect to State, local, and Tribal authority over operations of AAM aircraft in the national airspace system. (4) Proposals to facilitate the safe and financially viable growth and development of the AAM industry and integration of AAM aircraft into the national airspace system. Approved October 17, 2022. LEGISLATIVE HISTORY--S. 516 (H.R. 117-158 (Comm. 1339. CONGRESSIONAL RECORD, Vol. 168 (2022): Mar. 23, considered and passed Senate. June 13, 14, considered and passed House, amended. Sept. 21, Senate concurred in House amendment.

[117th Congress Public Law 203] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: Oct. 17, 2022 - [S. 516]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Advanced Air Mobility Coordination and Leadership Act. >> The purpose of the working group established under this section shall be to plan for and coordinate efforts related to safety, operations, infrastructure, physical security and cybersecurity, and Federal investment necessary for maturation of the AAM ecosystem in the United States, particularly passenger-carrying aircraft, in order to-- (1) grow new transportation options; (2) amplify economic activity and jobs; (3) advance environmental sustainability and new technologies; and (4) support emergency preparedness and competitiveness. ( >> Membership.--Not later than 60 days after the establishment of the working group under subsection (a), the Secretary of Transportation shall-- (1) <<NOTE: Appointment. (d) Coordination.-- (1) <<NOTE: Determination. 2) Advisory committees.--The Secretary of Transportation and Administrator of the Federal Aviation Administration may use such Federal advisory committees as may be appropriate to coordinate with the entities listed in paragraph (1). 2229]] (5) steps needed to ensure a robust and secure domestic supply chain; (6) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster response, and transportation benefits; (7) the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft operations; and (8) other factors that may limit the full potential of the AAM industry, including community acceptance or restrictions of such operations. (f) AAM National Strategy.--Based on the review and examination performed under subsection (e), the working group shall develop an AAM National Strategy that includes-- (1) <<NOTE: Recommenda- tions. >> Evaluation of Termination of Working Group.--Not later than 30 days after the date on which the working group submits the report required under subsection (g), the Secretary of Transportation shall evaluate and decide whether to terminate the working group and shall notify the appropriate committees of Congress of such decision. (i) Definitions.--For purposes of this section and section 3: (1) Advanced air mobility; aam.--The terms ``advanced air mobility'' and ``AAM'' mean a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace. ( 3) Electric aircraft.--The term ``electric aircraft'' means an aircraft with a fully electric or hybrid (fuel and electric) driven propulsion system used for flight. ( (a) In General.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a study on the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft and operations; and (2) submit to the appropriate committees of Congress a report on the study, including the Comptroller General's findings and conclusions. ( >> Requirements.--In conducting the study required under subsection (a), the Comptroller General shall review the following: (1) The state of the law as of the enactment of this Act with respect to Federal authority over operations of AAM aircraft systems in the national airspace system. ( 168 (2022): Mar. 23, considered and passed Senate.

[117th Congress Public Law 203] [From the U.S. Government Publishing Office] [[Page 136 STAT. >> The purpose of the working group established under this section shall be to plan for and coordinate efforts related to safety, operations, infrastructure, physical security and cybersecurity, and Federal investment necessary for maturation of the AAM ecosystem in the United States, particularly passenger-carrying aircraft, in order to-- (1) grow new transportation options; (2) amplify economic activity and jobs; (3) advance environmental sustainability and new technologies; and (4) support emergency preparedness and competitiveness. (c) <<NOTE: Designations. >> Membership.--Not later than 60 days after the establishment of the working group under subsection (a), the Secretary of Transportation shall-- (1) <<NOTE: Appointment. 2229]] (5) steps needed to ensure a robust and secure domestic supply chain; (6) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster response, and transportation benefits; (7) the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft operations; and (8) other factors that may limit the full potential of the AAM industry, including community acceptance or restrictions of such operations. ( g) Report.--Not later than 180 days after the completion of the review and examination performed under subsection (e), the working group shall submit to the appropriate committees of Congress a report-- (1) detailing findings from the review and examination performed under subsection (e); and (2) providing the AAM National Strategy, including the plan and associated recommendations developed under subsection (f). (h) <<NOTE: Notification. i) Definitions.--For purposes of this section and section 3: (1) Advanced air mobility; aam.--The terms ``advanced air mobility'' and ``AAM'' mean a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace. ( 6) Vertical take-off and landing.--The term ``vertical take-off and landing'' means an aircraft with lift/thrust units used to generate powered lift and control and with two or more lift/thrust units used to provide lift during vertical take-off or landing. >> Requirements.--In conducting the study required under subsection (a), the Comptroller General shall review the following: (1) The state of the law as of the enactment of this Act with respect to Federal authority over operations of AAM aircraft systems in the national airspace system. ( 2) The state of the law as of the enactment of this Act with respect to State, local, and Tribal authority over operations of AAM aircraft in the national airspace system. ( 168 (2022): Mar. 23, considered and passed Senate.

[117th Congress Public Law 203] [From the U.S. Government Publishing Office] [[Page 136 STAT. >> The purpose of the working group established under this section shall be to plan for and coordinate efforts related to safety, operations, infrastructure, physical security and cybersecurity, and Federal investment necessary for maturation of the AAM ecosystem in the United States, particularly passenger-carrying aircraft, in order to-- (1) grow new transportation options; (2) amplify economic activity and jobs; (3) advance environmental sustainability and new technologies; and (4) support emergency preparedness and competitiveness. (c) <<NOTE: Designations. >> Membership.--Not later than 60 days after the establishment of the working group under subsection (a), the Secretary of Transportation shall-- (1) <<NOTE: Appointment. 2229]] (5) steps needed to ensure a robust and secure domestic supply chain; (6) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster response, and transportation benefits; (7) the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft operations; and (8) other factors that may limit the full potential of the AAM industry, including community acceptance or restrictions of such operations. ( g) Report.--Not later than 180 days after the completion of the review and examination performed under subsection (e), the working group shall submit to the appropriate committees of Congress a report-- (1) detailing findings from the review and examination performed under subsection (e); and (2) providing the AAM National Strategy, including the plan and associated recommendations developed under subsection (f). (h) <<NOTE: Notification. i) Definitions.--For purposes of this section and section 3: (1) Advanced air mobility; aam.--The terms ``advanced air mobility'' and ``AAM'' mean a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace. ( 6) Vertical take-off and landing.--The term ``vertical take-off and landing'' means an aircraft with lift/thrust units used to generate powered lift and control and with two or more lift/thrust units used to provide lift during vertical take-off or landing. >> Requirements.--In conducting the study required under subsection (a), the Comptroller General shall review the following: (1) The state of the law as of the enactment of this Act with respect to Federal authority over operations of AAM aircraft systems in the national airspace system. ( 2) The state of the law as of the enactment of this Act with respect to State, local, and Tribal authority over operations of AAM aircraft in the national airspace system. ( 168 (2022): Mar. 23, considered and passed Senate.

[117th Congress Public Law 203] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: Oct. 17, 2022 - [S. 516]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Advanced Air Mobility Coordination and Leadership Act. >> The purpose of the working group established under this section shall be to plan for and coordinate efforts related to safety, operations, infrastructure, physical security and cybersecurity, and Federal investment necessary for maturation of the AAM ecosystem in the United States, particularly passenger-carrying aircraft, in order to-- (1) grow new transportation options; (2) amplify economic activity and jobs; (3) advance environmental sustainability and new technologies; and (4) support emergency preparedness and competitiveness. ( >> Membership.--Not later than 60 days after the establishment of the working group under subsection (a), the Secretary of Transportation shall-- (1) <<NOTE: Appointment. (d) Coordination.-- (1) <<NOTE: Determination. 2) Advisory committees.--The Secretary of Transportation and Administrator of the Federal Aviation Administration may use such Federal advisory committees as may be appropriate to coordinate with the entities listed in paragraph (1). 2229]] (5) steps needed to ensure a robust and secure domestic supply chain; (6) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster response, and transportation benefits; (7) the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft operations; and (8) other factors that may limit the full potential of the AAM industry, including community acceptance or restrictions of such operations. (f) AAM National Strategy.--Based on the review and examination performed under subsection (e), the working group shall develop an AAM National Strategy that includes-- (1) <<NOTE: Recommenda- tions. >> Evaluation of Termination of Working Group.--Not later than 30 days after the date on which the working group submits the report required under subsection (g), the Secretary of Transportation shall evaluate and decide whether to terminate the working group and shall notify the appropriate committees of Congress of such decision. (i) Definitions.--For purposes of this section and section 3: (1) Advanced air mobility; aam.--The terms ``advanced air mobility'' and ``AAM'' mean a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace. ( 3) Electric aircraft.--The term ``electric aircraft'' means an aircraft with a fully electric or hybrid (fuel and electric) driven propulsion system used for flight. ( (a) In General.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a study on the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft and operations; and (2) submit to the appropriate committees of Congress a report on the study, including the Comptroller General's findings and conclusions. ( >> Requirements.--In conducting the study required under subsection (a), the Comptroller General shall review the following: (1) The state of the law as of the enactment of this Act with respect to Federal authority over operations of AAM aircraft systems in the national airspace system. ( 168 (2022): Mar. 23, considered and passed Senate.

[117th Congress Public Law 203] [From the U.S. Government Publishing Office] [[Page 136 STAT. >> The purpose of the working group established under this section shall be to plan for and coordinate efforts related to safety, operations, infrastructure, physical security and cybersecurity, and Federal investment necessary for maturation of the AAM ecosystem in the United States, particularly passenger-carrying aircraft, in order to-- (1) grow new transportation options; (2) amplify economic activity and jobs; (3) advance environmental sustainability and new technologies; and (4) support emergency preparedness and competitiveness. (c) <<NOTE: Designations. >> Membership.--Not later than 60 days after the establishment of the working group under subsection (a), the Secretary of Transportation shall-- (1) <<NOTE: Appointment. 2229]] (5) steps needed to ensure a robust and secure domestic supply chain; (6) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster response, and transportation benefits; (7) the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft operations; and (8) other factors that may limit the full potential of the AAM industry, including community acceptance or restrictions of such operations. ( g) Report.--Not later than 180 days after the completion of the review and examination performed under subsection (e), the working group shall submit to the appropriate committees of Congress a report-- (1) detailing findings from the review and examination performed under subsection (e); and (2) providing the AAM National Strategy, including the plan and associated recommendations developed under subsection (f). (h) <<NOTE: Notification. i) Definitions.--For purposes of this section and section 3: (1) Advanced air mobility; aam.--The terms ``advanced air mobility'' and ``AAM'' mean a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace. ( 6) Vertical take-off and landing.--The term ``vertical take-off and landing'' means an aircraft with lift/thrust units used to generate powered lift and control and with two or more lift/thrust units used to provide lift during vertical take-off or landing. >> Requirements.--In conducting the study required under subsection (a), the Comptroller General shall review the following: (1) The state of the law as of the enactment of this Act with respect to Federal authority over operations of AAM aircraft systems in the national airspace system. ( 2) The state of the law as of the enactment of this Act with respect to State, local, and Tribal authority over operations of AAM aircraft in the national airspace system. ( 168 (2022): Mar. 23, considered and passed Senate.

[117th Congress Public Law 203] [From the U.S. Government Publishing Office] [[Page 136 STAT. <<NOTE: Oct. 17, 2022 - [S. 516]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Advanced Air Mobility Coordination and Leadership Act. >> The purpose of the working group established under this section shall be to plan for and coordinate efforts related to safety, operations, infrastructure, physical security and cybersecurity, and Federal investment necessary for maturation of the AAM ecosystem in the United States, particularly passenger-carrying aircraft, in order to-- (1) grow new transportation options; (2) amplify economic activity and jobs; (3) advance environmental sustainability and new technologies; and (4) support emergency preparedness and competitiveness. ( >> Membership.--Not later than 60 days after the establishment of the working group under subsection (a), the Secretary of Transportation shall-- (1) <<NOTE: Appointment. (d) Coordination.-- (1) <<NOTE: Determination. 2) Advisory committees.--The Secretary of Transportation and Administrator of the Federal Aviation Administration may use such Federal advisory committees as may be appropriate to coordinate with the entities listed in paragraph (1). 2229]] (5) steps needed to ensure a robust and secure domestic supply chain; (6) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster response, and transportation benefits; (7) the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft operations; and (8) other factors that may limit the full potential of the AAM industry, including community acceptance or restrictions of such operations. (f) AAM National Strategy.--Based on the review and examination performed under subsection (e), the working group shall develop an AAM National Strategy that includes-- (1) <<NOTE: Recommenda- tions. >> Evaluation of Termination of Working Group.--Not later than 30 days after the date on which the working group submits the report required under subsection (g), the Secretary of Transportation shall evaluate and decide whether to terminate the working group and shall notify the appropriate committees of Congress of such decision. (i) Definitions.--For purposes of this section and section 3: (1) Advanced air mobility; aam.--The terms ``advanced air mobility'' and ``AAM'' mean a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace. ( 3) Electric aircraft.--The term ``electric aircraft'' means an aircraft with a fully electric or hybrid (fuel and electric) driven propulsion system used for flight. ( (a) In General.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a study on the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft and operations; and (2) submit to the appropriate committees of Congress a report on the study, including the Comptroller General's findings and conclusions. ( >> Requirements.--In conducting the study required under subsection (a), the Comptroller General shall review the following: (1) The state of the law as of the enactment of this Act with respect to Federal authority over operations of AAM aircraft systems in the national airspace system. ( 168 (2022): Mar. 23, considered and passed Senate.

[117th Congress Public Law 203] [From the U.S. Government Publishing Office] [[Page 136 STAT. >> The purpose of the working group established under this section shall be to plan for and coordinate efforts related to safety, operations, infrastructure, physical security and cybersecurity, and Federal investment necessary for maturation of the AAM ecosystem in the United States, particularly passenger-carrying aircraft, in order to-- (1) grow new transportation options; (2) amplify economic activity and jobs; (3) advance environmental sustainability and new technologies; and (4) support emergency preparedness and competitiveness. (c) <<NOTE: Designations. >> Membership.--Not later than 60 days after the establishment of the working group under subsection (a), the Secretary of Transportation shall-- (1) <<NOTE: Appointment. 2229]] (5) steps needed to ensure a robust and secure domestic supply chain; (6) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster response, and transportation benefits; (7) the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft operations; and (8) other factors that may limit the full potential of the AAM industry, including community acceptance or restrictions of such operations. ( g) Report.--Not later than 180 days after the completion of the review and examination performed under subsection (e), the working group shall submit to the appropriate committees of Congress a report-- (1) detailing findings from the review and examination performed under subsection (e); and (2) providing the AAM National Strategy, including the plan and associated recommendations developed under subsection (f). (h) <<NOTE: Notification. i) Definitions.--For purposes of this section and section 3: (1) Advanced air mobility; aam.--The terms ``advanced air mobility'' and ``AAM'' mean a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace. ( 6) Vertical take-off and landing.--The term ``vertical take-off and landing'' means an aircraft with lift/thrust units used to generate powered lift and control and with two or more lift/thrust units used to provide lift during vertical take-off or landing. >> Requirements.--In conducting the study required under subsection (a), the Comptroller General shall review the following: (1) The state of the law as of the enactment of this Act with respect to Federal authority over operations of AAM aircraft systems in the national airspace system. ( 2) The state of the law as of the enactment of this Act with respect to State, local, and Tribal authority over operations of AAM aircraft in the national airspace system. ( 168 (2022): Mar. 23, considered and passed Senate.

[117th Congress Public Law 203] [From the U.S. Government Publishing Office] [[Page 136 STAT. >> Membership.--Not later than 60 days after the establishment of the working group under subsection (a), the Secretary of Transportation shall-- (1) <<NOTE: Appointment. ( 2229]] (5) steps needed to ensure a robust and secure domestic supply chain; (6) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster response, and transportation benefits; (7) the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft operations; and (8) other factors that may limit the full potential of the AAM industry, including community acceptance or restrictions of such operations. ( i) Definitions.--For purposes of this section and section 3: (1) Advanced air mobility; aam.--The terms ``advanced air mobility'' and ``AAM'' mean a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace. ( ( (a) In General.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a study on the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft and operations; and (2) submit to the appropriate committees of Congress a report on the study, including the Comptroller General's findings and conclusions. ( >> Requirements.--In conducting the study required under subsection (a), the Comptroller General shall review the following: (1) The state of the law as of the enactment of this Act with respect to Federal authority over operations of AAM aircraft systems in the national airspace system. (

[117th Congress Public Law 203] [From the U.S. Government Publishing Office] [[Page 136 STAT. i) Definitions.--For purposes of this section and section 3: (1) Advanced air mobility; aam.--The terms ``advanced air mobility'' and ``AAM'' mean a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace. ( >> Requirements.--In conducting the study required under subsection (a), the Comptroller General shall review the following: (1) The state of the law as of the enactment of this Act with respect to Federal authority over operations of AAM aircraft systems in the national airspace system. ( 2) The state of the law as of the enactment of this Act with respect to State, local, and Tribal authority over operations of AAM aircraft in the national airspace system. (

[117th Congress Public Law 203] [From the U.S. Government Publishing Office] [[Page 136 STAT. >> Membership.--Not later than 60 days after the establishment of the working group under subsection (a), the Secretary of Transportation shall-- (1) <<NOTE: Appointment. ( 2229]] (5) steps needed to ensure a robust and secure domestic supply chain; (6) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster response, and transportation benefits; (7) the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft operations; and (8) other factors that may limit the full potential of the AAM industry, including community acceptance or restrictions of such operations. ( i) Definitions.--For purposes of this section and section 3: (1) Advanced air mobility; aam.--The terms ``advanced air mobility'' and ``AAM'' mean a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace. ( ( (a) In General.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a study on the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft and operations; and (2) submit to the appropriate committees of Congress a report on the study, including the Comptroller General's findings and conclusions. ( >> Requirements.--In conducting the study required under subsection (a), the Comptroller General shall review the following: (1) The state of the law as of the enactment of this Act with respect to Federal authority over operations of AAM aircraft systems in the national airspace system. (

Advanced Air Mobility Coordination and Leadership Act - Directs the Secretary of Transportation (DOT) to establish an advanced air mobility interagency working group to plan for and coordinate efforts related to safety, operations, infrastructure, physical security and cybersecurity, and federal investment necessary for maturation of the AAM ecosystem in the United States, particularly passenger-carrying aircraft, in order to: ( Directs the Secretary of Transportation to evaluate and decide whether to terminate the Advanced Air Mobility Working Group and to notify the appropriate congressional committees of such decision. (Sec. 3) Directs the Comptroller General to: (1) study the interests, roles, and responsibilities of federal, state, local, and tribal governments affected by advanced air mobility (AAM) aircraft and operations;

H.R.6702

Health

Safeguarding Women's and Children's Health Act of 2022 This bill imposes reporting requirements relating to abortion drugs. The Food and Drug Administration (FDA) must require health care practitioners to report (1) any death or adverse event associated with the use of an abortion drug, whether or not the adverse event is considered drug-related; and (2) each time the practitioner prescribes, dispenses, or administers such a drug. The FDA must establish online portals for health care practitioners to report such information and for patients to self-report adverse events. The Centers for Disease Control and Prevention must aggregate the collected information and annually publish data about such drugs, including the number of prescriptions and adverse events occurring within 120 days of use.

To require more accurate reporting of abortion drug prescribing and related adverse events, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Women's and Children's Health Act of 2022''. SEC. 2. FINDINGS. The Congress finds the following: (1) Many data limitations affect the accuracy of statistics related to chemical abortions in the United States, and there is no central database tracking this information. (2) States may voluntarily choose to share abortion data with the Centers for Disease Control and Prevention (CDC), but the Guttmacher Institute, which directly surveys abortion providers, consistently documents 30 to 40 percent more abortions than the CDC. (3) Some States with high volumes of abortion, such as California, do not report to the CDC. (4) Only 28 States require abortion providers to report complications, but there is rarely an enforced penalty for noncompliance. Only 12 States require other physicians, coroners, or emergency rooms to report complications or deaths for investigation, and frequently these facilities and physicians are unaware of these reporting requirements. (5) These data problems are a significant limitation to United States studies on abortion complications. (6) Women experiencing complications will often present to an emergency room rather than return to the abortion provider, and researchers frequently ignore the difficulty in obtaining accurate International Classification of Diseases coding in emergency rooms due to search engine failure to discover induced abortion codes, which leads to miscoding and frequently attributing induced abortion complications to spontaneous abortions. (7) When compared to surgical abortions, chemical abortions are over 50 percent more likely to result in an abortion- related visit to an emergency room, and by 2015, 60 percent of chemical abortion-related emergency room visits were incorrectly coded as miscarriages. (8) Better quality, international records-linkages studies, and meta-analyses document far higher rates of complications and mortality from abortion, casting doubt on the validity of the reported data by which United States public health decisions are made. (9) Independent systematic analysis of adverse event reports submitted to the Food and Drug Administration (FDA) between 2000 and 2019 revealed approximately 3,000 United States adverse events out of an expected 185,000 adverse events based on the known and published complication rate after mifepristone misoprostol abortions. Thus, the Adverse Event Reporting System of the FDA captured only 1.7 percent of the actual adverse events occurring in United States women, the majority of which occurred prior to 2016 when mifepristone prescribers were required to report adverse events as part of the risk evaluation and mitigation strategy. (10) In 2016, the FDA relaxed the gestational age dispensing from a limitation of 7 weeks gestation to a limitation of 10 weeks gestation, and at the same time the FDA no longer required mifepristone prescribers to report adverse events other than death. These simultaneous changes ensured that there would be no way to capture the increased adverse events resulting from the relaxation of the gestational age requirements. (11) In order to fulfil the statutory requirement of the FDA to oversee and evaluate the safety of mifepristone use as an abortifacient, substantial changes in the adverse event reporting for mifepristone must be implemented to obtain an accurate evaluation of the impact of mifepristone-related adverse events on United States women. SEC. 3. ACCURATE REPORTING ON CHEMICAL ABORTION AND RELATED ADVERSE EVENTS. (a) Reporting Requirements.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall require any abortion drug, including any abortion drug approved by the Food and Drug Administration before the date of enactment of this Act, to have a risk evaluation and mitigation strategy requiring that-- (1) within 15 days of becoming aware of any death or other adverse event in a patient associated with the use of such abortion drug, a health care provider shall-- (A) report such death or adverse event to the Food and Drug Administration and to the manufacturer of such abortion drug; and (B) identify in such reporting the patient by a nonidentifiable reference and the serial number from each package of such abortion drug if available; and (2) a health care practitioner who prescribes, dispenses, or administers such abortion drug shall-- (A) within 15 days of such prescribing, dispensing, or administering, report the action to the Food and Drug Administration and the Centers for Disease Control and Prevention; and (B) exclude from such reporting any individually identifiable patient information. (b) Portals.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall-- (1) establish and maintain an online portal that allows health care practitioners to easily, confidentially, and securely report to the Food and Drug Administration and the Centers for Disease Control and Prevention by means of online transmission the information required by subsection (a) to be reported; and (2) establish and maintain an online portal that allows patients to easily, confidentially, and securely self-report to the Food and Drug Administration and the Centers for Disease Control and Prevention by means of online transmission any adverse events the patients have experienced that are associated with use of an abortion drug. (c) Definitions.--In this section: (1) The term ``abortion drug'' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) to produce a live birth; (ii) to remove a dead unborn child; or (iii) to treat an ectopic or molar pregnancy. (2) The term ``adverse event'' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. (3) The term ``unborn child'' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. SEC. 4. IMPROVED REPORTING OF DATA RELATED TO CHEMICAL ABORTIONS. 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. IMPROVED REPORTING OF DATA RELATED TO CHEMICAL ABORTIONS. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(1) collect and aggregate in a standardized format information that is reported pursuant to section 3 of the Safeguarding Women's and Children's Health Act of 2022 with respect to abortion drugs; ``(2) make such information available in accordance with section 552 of title 5, United States Code; and ``(3) annually publish-- ``(A) the number of abortion drugs prescribed in the United States; ``(B) the number of abortion drugs that are shipped directly to prescribers and to patients; ``(C) the total number of deaths that occurred within 120 days of ingestion of an abortion drug, regardless of causal attribution, and the cause of death; ``(D) the total number of serious adverse events that occurred within 120 days of ingestion of an abortion drug; ``(E) the number of times each such serious adverse event occurred; ``(F) the total number of all adverse events that occurred within 120 days of ingestion of an abortion drug, stratified by the Common Terminology for Coding Adverse Events (or any successor publication) criteria for severity grading; and ``(G) the number of times abortion drug ingestion resulted in an incomplete abortion. ``(b) Technical Assistance.--The Secretary shall provide technical assistance to facilitate and improve the reporting of data for purposes of this section. ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(d) Definitions.--In this section: ``(1) The term `abortion drug' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) to produce a live birth; ``(ii) to remove a dead unborn child; or ``(iii) to treat an ectopic or molar pregnancy. ``(2) The term `adverse event' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. ``(3) The term `serious adverse event' means an adverse event that meets Common Terminology for Coding Adverse Events criteria (or any successor publication) for level 3 or above. ``(4) The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code.''. <all>

Safeguarding Women’s and Children’s Health Act of 2022

To require more accurate reporting of abortion drug prescribing and related adverse events, and for other purposes.

Safeguarding Women’s and Children’s Health Act of 2022

Rep. Walorski, Jackie

R

IN

This bill imposes reporting requirements relating to abortion drugs. The Food and Drug Administration (FDA) must require health care practitioners to report (1) any death or adverse event associated with the use of an abortion drug, whether or not the adverse event is considered drug-related; and (2) each time the practitioner prescribes, dispenses, or administers such a drug. The FDA must establish online portals for health care practitioners to report such information and for patients to self-report adverse events. The Centers for Disease Control and Prevention must aggregate the collected information and annually publish data about such drugs, including the number of prescriptions and adverse events occurring within 120 days of use.

SHORT TITLE. This Act may be cited as the ``Safeguarding Women's and Children's Health Act of 2022''. 2. Only 12 States require other physicians, coroners, or emergency rooms to report complications or deaths for investigation, and frequently these facilities and physicians are unaware of these reporting requirements. (5) These data problems are a significant limitation to United States studies on abortion complications. (10) In 2016, the FDA relaxed the gestational age dispensing from a limitation of 7 weeks gestation to a limitation of 10 weeks gestation, and at the same time the FDA no longer required mifepristone prescribers to report adverse events other than death. 3. ACCURATE REPORTING ON CHEMICAL ABORTION AND RELATED ADVERSE EVENTS. (b) Portals.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall-- (1) establish and maintain an online portal that allows health care practitioners to easily, confidentially, and securely report to the Food and Drug Administration and the Centers for Disease Control and Prevention by means of online transmission the information required by subsection (a) to be reported; and (2) establish and maintain an online portal that allows patients to easily, confidentially, and securely self-report to the Food and Drug Administration and the Centers for Disease Control and Prevention by means of online transmission any adverse events the patients have experienced that are associated with use of an abortion drug. (2) The term ``adverse event'' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. SEC. 4. ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(d) Definitions.--In this section: ``(1) The term `abortion drug' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) to produce a live birth; ``(ii) to remove a dead unborn child; or ``(iii) to treat an ectopic or molar pregnancy.

SHORT TITLE. This Act may be cited as the ``Safeguarding Women's and Children's Health Act of 2022''. 2. (5) These data problems are a significant limitation to United States studies on abortion complications. (10) In 2016, the FDA relaxed the gestational age dispensing from a limitation of 7 weeks gestation to a limitation of 10 weeks gestation, and at the same time the FDA no longer required mifepristone prescribers to report adverse events other than death. 3. ACCURATE REPORTING ON CHEMICAL ABORTION AND RELATED ADVERSE EVENTS. (b) Portals.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall-- (1) establish and maintain an online portal that allows health care practitioners to easily, confidentially, and securely report to the Food and Drug Administration and the Centers for Disease Control and Prevention by means of online transmission the information required by subsection (a) to be reported; and (2) establish and maintain an online portal that allows patients to easily, confidentially, and securely self-report to the Food and Drug Administration and the Centers for Disease Control and Prevention by means of online transmission any adverse events the patients have experienced that are associated with use of an abortion drug. (2) The term ``adverse event'' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. SEC. 4. ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(d) Definitions.--In this section: ``(1) The term `abortion drug' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) to produce a live birth; ``(ii) to remove a dead unborn child; or ``(iii) to treat an ectopic or molar pregnancy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Women's and Children's Health Act of 2022''. 2. FINDINGS. (2) States may voluntarily choose to share abortion data with the Centers for Disease Control and Prevention (CDC), but the Guttmacher Institute, which directly surveys abortion providers, consistently documents 30 to 40 percent more abortions than the CDC. Only 12 States require other physicians, coroners, or emergency rooms to report complications or deaths for investigation, and frequently these facilities and physicians are unaware of these reporting requirements. (5) These data problems are a significant limitation to United States studies on abortion complications. (10) In 2016, the FDA relaxed the gestational age dispensing from a limitation of 7 weeks gestation to a limitation of 10 weeks gestation, and at the same time the FDA no longer required mifepristone prescribers to report adverse events other than death. These simultaneous changes ensured that there would be no way to capture the increased adverse events resulting from the relaxation of the gestational age requirements. 3. ACCURATE REPORTING ON CHEMICAL ABORTION AND RELATED ADVERSE EVENTS. (b) Portals.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall-- (1) establish and maintain an online portal that allows health care practitioners to easily, confidentially, and securely report to the Food and Drug Administration and the Centers for Disease Control and Prevention by means of online transmission the information required by subsection (a) to be reported; and (2) establish and maintain an online portal that allows patients to easily, confidentially, and securely self-report to the Food and Drug Administration and the Centers for Disease Control and Prevention by means of online transmission any adverse events the patients have experienced that are associated with use of an abortion drug. (2) The term ``adverse event'' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. SEC. 4. 247b-23) the following: ``SEC. 317V. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(1) collect and aggregate in a standardized format information that is reported pursuant to section 3 of the Safeguarding Women's and Children's Health Act of 2022 with respect to abortion drugs; ``(2) make such information available in accordance with section 552 of title 5, United States Code; and ``(3) annually publish-- ``(A) the number of abortion drugs prescribed in the United States; ``(B) the number of abortion drugs that are shipped directly to prescribers and to patients; ``(C) the total number of deaths that occurred within 120 days of ingestion of an abortion drug, regardless of causal attribution, and the cause of death; ``(D) the total number of serious adverse events that occurred within 120 days of ingestion of an abortion drug; ``(E) the number of times each such serious adverse event occurred; ``(F) the total number of all adverse events that occurred within 120 days of ingestion of an abortion drug, stratified by the Common Terminology for Coding Adverse Events (or any successor publication) criteria for severity grading; and ``(G) the number of times abortion drug ingestion resulted in an incomplete abortion. ``(b) Technical Assistance.--The Secretary shall provide technical assistance to facilitate and improve the reporting of data for purposes of this section. ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(d) Definitions.--In this section: ``(1) The term `abortion drug' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) to produce a live birth; ``(ii) to remove a dead unborn child; or ``(iii) to treat an ectopic or molar pregnancy. ``(4) The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Women's and Children's Health Act of 2022''. 2. FINDINGS. (2) States may voluntarily choose to share abortion data with the Centers for Disease Control and Prevention (CDC), but the Guttmacher Institute, which directly surveys abortion providers, consistently documents 30 to 40 percent more abortions than the CDC. Only 12 States require other physicians, coroners, or emergency rooms to report complications or deaths for investigation, and frequently these facilities and physicians are unaware of these reporting requirements. (5) These data problems are a significant limitation to United States studies on abortion complications. (6) Women experiencing complications will often present to an emergency room rather than return to the abortion provider, and researchers frequently ignore the difficulty in obtaining accurate International Classification of Diseases coding in emergency rooms due to search engine failure to discover induced abortion codes, which leads to miscoding and frequently attributing induced abortion complications to spontaneous abortions. (7) When compared to surgical abortions, chemical abortions are over 50 percent more likely to result in an abortion- related visit to an emergency room, and by 2015, 60 percent of chemical abortion-related emergency room visits were incorrectly coded as miscarriages. (8) Better quality, international records-linkages studies, and meta-analyses document far higher rates of complications and mortality from abortion, casting doubt on the validity of the reported data by which United States public health decisions are made. (9) Independent systematic analysis of adverse event reports submitted to the Food and Drug Administration (FDA) between 2000 and 2019 revealed approximately 3,000 United States adverse events out of an expected 185,000 adverse events based on the known and published complication rate after mifepristone misoprostol abortions. Thus, the Adverse Event Reporting System of the FDA captured only 1.7 percent of the actual adverse events occurring in United States women, the majority of which occurred prior to 2016 when mifepristone prescribers were required to report adverse events as part of the risk evaluation and mitigation strategy. (10) In 2016, the FDA relaxed the gestational age dispensing from a limitation of 7 weeks gestation to a limitation of 10 weeks gestation, and at the same time the FDA no longer required mifepristone prescribers to report adverse events other than death. These simultaneous changes ensured that there would be no way to capture the increased adverse events resulting from the relaxation of the gestational age requirements. 3. ACCURATE REPORTING ON CHEMICAL ABORTION AND RELATED ADVERSE EVENTS. (b) Portals.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall-- (1) establish and maintain an online portal that allows health care practitioners to easily, confidentially, and securely report to the Food and Drug Administration and the Centers for Disease Control and Prevention by means of online transmission the information required by subsection (a) to be reported; and (2) establish and maintain an online portal that allows patients to easily, confidentially, and securely self-report to the Food and Drug Administration and the Centers for Disease Control and Prevention by means of online transmission any adverse events the patients have experienced that are associated with use of an abortion drug. (2) The term ``adverse event'' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. SEC. 4. 247b-23) the following: ``SEC. 317V. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(1) collect and aggregate in a standardized format information that is reported pursuant to section 3 of the Safeguarding Women's and Children's Health Act of 2022 with respect to abortion drugs; ``(2) make such information available in accordance with section 552 of title 5, United States Code; and ``(3) annually publish-- ``(A) the number of abortion drugs prescribed in the United States; ``(B) the number of abortion drugs that are shipped directly to prescribers and to patients; ``(C) the total number of deaths that occurred within 120 days of ingestion of an abortion drug, regardless of causal attribution, and the cause of death; ``(D) the total number of serious adverse events that occurred within 120 days of ingestion of an abortion drug; ``(E) the number of times each such serious adverse event occurred; ``(F) the total number of all adverse events that occurred within 120 days of ingestion of an abortion drug, stratified by the Common Terminology for Coding Adverse Events (or any successor publication) criteria for severity grading; and ``(G) the number of times abortion drug ingestion resulted in an incomplete abortion. ``(b) Technical Assistance.--The Secretary shall provide technical assistance to facilitate and improve the reporting of data for purposes of this section. ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(d) Definitions.--In this section: ``(1) The term `abortion drug' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) to produce a live birth; ``(ii) to remove a dead unborn child; or ``(iii) to treat an ectopic or molar pregnancy. ``(4) The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code.''.

To require more accurate reporting of abortion drug prescribing and related adverse events, and for other purposes. 2) States may voluntarily choose to share abortion data with the Centers for Disease Control and Prevention (CDC), but the Guttmacher Institute, which directly surveys abortion providers, consistently documents 30 to 40 percent more abortions than the CDC. ( (6) Women experiencing complications will often present to an emergency room rather than return to the abortion provider, and researchers frequently ignore the difficulty in obtaining accurate International Classification of Diseases coding in emergency rooms due to search engine failure to discover induced abortion codes, which leads to miscoding and frequently attributing induced abortion complications to spontaneous abortions. ( Thus, the Adverse Event Reporting System of the FDA captured only 1.7 percent of the actual adverse events occurring in United States women, the majority of which occurred prior to 2016 when mifepristone prescribers were required to report adverse events as part of the risk evaluation and mitigation strategy. (10) In 2016, the FDA relaxed the gestational age dispensing from a limitation of 7 weeks gestation to a limitation of 10 weeks gestation, and at the same time the FDA no longer required mifepristone prescribers to report adverse events other than death. These simultaneous changes ensured that there would be no way to capture the increased adverse events resulting from the relaxation of the gestational age requirements. ( c) Definitions.--In this section: (1) The term ``abortion drug'' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) to produce a live birth; (ii) to remove a dead unborn child; or (iii) to treat an ectopic or molar pregnancy. ( 2) The term ``adverse event'' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. (3) The term ``unborn child'' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. 317V. IMPROVED REPORTING OF DATA RELATED TO CHEMICAL ABORTIONS. ``(b) Technical Assistance.--The Secretary shall provide technical assistance to facilitate and improve the reporting of data for purposes of this section. ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(4) The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code.''.

To require more accurate reporting of abortion drug prescribing and related adverse events, and for other purposes. The Congress finds the following: (1) Many data limitations affect the accuracy of statistics related to chemical abortions in the United States, and there is no central database tracking this information. ( 3) Some States with high volumes of abortion, such as California, do not report to the CDC. ( (9) Independent systematic analysis of adverse event reports submitted to the Food and Drug Administration (FDA) between 2000 and 2019 revealed approximately 3,000 United States adverse events out of an expected 185,000 adverse events based on the known and published complication rate after mifepristone misoprostol abortions. 11) In order to fulfil the statutory requirement of the FDA to oversee and evaluate the safety of mifepristone use as an abortifacient, substantial changes in the adverse event reporting for mifepristone must be implemented to obtain an accurate evaluation of the impact of mifepristone-related adverse events on United States women. (c) Definitions.--In this section: (1) The term ``abortion drug'' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) to produce a live birth; (ii) to remove a dead unborn child; or (iii) to treat an ectopic or molar pregnancy. ( 3) The term ``unborn child'' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. ``(b) Technical Assistance.--The Secretary shall provide technical assistance to facilitate and improve the reporting of data for purposes of this section. ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(2) The term `adverse event' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. ``(3) The term `serious adverse event' means an adverse event that meets Common Terminology for Coding Adverse Events criteria (or any successor publication) for level 3 or above.

To require more accurate reporting of abortion drug prescribing and related adverse events, and for other purposes. The Congress finds the following: (1) Many data limitations affect the accuracy of statistics related to chemical abortions in the United States, and there is no central database tracking this information. ( 3) Some States with high volumes of abortion, such as California, do not report to the CDC. ( (9) Independent systematic analysis of adverse event reports submitted to the Food and Drug Administration (FDA) between 2000 and 2019 revealed approximately 3,000 United States adverse events out of an expected 185,000 adverse events based on the known and published complication rate after mifepristone misoprostol abortions. 11) In order to fulfil the statutory requirement of the FDA to oversee and evaluate the safety of mifepristone use as an abortifacient, substantial changes in the adverse event reporting for mifepristone must be implemented to obtain an accurate evaluation of the impact of mifepristone-related adverse events on United States women. (c) Definitions.--In this section: (1) The term ``abortion drug'' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) to produce a live birth; (ii) to remove a dead unborn child; or (iii) to treat an ectopic or molar pregnancy. ( 3) The term ``unborn child'' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. ``(b) Technical Assistance.--The Secretary shall provide technical assistance to facilitate and improve the reporting of data for purposes of this section. ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(2) The term `adverse event' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. ``(3) The term `serious adverse event' means an adverse event that meets Common Terminology for Coding Adverse Events criteria (or any successor publication) for level 3 or above.

To require more accurate reporting of abortion drug prescribing and related adverse events, and for other purposes. 2) States may voluntarily choose to share abortion data with the Centers for Disease Control and Prevention (CDC), but the Guttmacher Institute, which directly surveys abortion providers, consistently documents 30 to 40 percent more abortions than the CDC. ( (6) Women experiencing complications will often present to an emergency room rather than return to the abortion provider, and researchers frequently ignore the difficulty in obtaining accurate International Classification of Diseases coding in emergency rooms due to search engine failure to discover induced abortion codes, which leads to miscoding and frequently attributing induced abortion complications to spontaneous abortions. ( Thus, the Adverse Event Reporting System of the FDA captured only 1.7 percent of the actual adverse events occurring in United States women, the majority of which occurred prior to 2016 when mifepristone prescribers were required to report adverse events as part of the risk evaluation and mitigation strategy. (10) In 2016, the FDA relaxed the gestational age dispensing from a limitation of 7 weeks gestation to a limitation of 10 weeks gestation, and at the same time the FDA no longer required mifepristone prescribers to report adverse events other than death. These simultaneous changes ensured that there would be no way to capture the increased adverse events resulting from the relaxation of the gestational age requirements. ( c) Definitions.--In this section: (1) The term ``abortion drug'' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) to produce a live birth; (ii) to remove a dead unborn child; or (iii) to treat an ectopic or molar pregnancy. ( 2) The term ``adverse event'' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. (3) The term ``unborn child'' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. 317V. IMPROVED REPORTING OF DATA RELATED TO CHEMICAL ABORTIONS. ``(b) Technical Assistance.--The Secretary shall provide technical assistance to facilitate and improve the reporting of data for purposes of this section. ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(4) The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code.''.

To require more accurate reporting of abortion drug prescribing and related adverse events, and for other purposes. The Congress finds the following: (1) Many data limitations affect the accuracy of statistics related to chemical abortions in the United States, and there is no central database tracking this information. ( 3) Some States with high volumes of abortion, such as California, do not report to the CDC. ( (9) Independent systematic analysis of adverse event reports submitted to the Food and Drug Administration (FDA) between 2000 and 2019 revealed approximately 3,000 United States adverse events out of an expected 185,000 adverse events based on the known and published complication rate after mifepristone misoprostol abortions. 11) In order to fulfil the statutory requirement of the FDA to oversee and evaluate the safety of mifepristone use as an abortifacient, substantial changes in the adverse event reporting for mifepristone must be implemented to obtain an accurate evaluation of the impact of mifepristone-related adverse events on United States women. (c) Definitions.--In this section: (1) The term ``abortion drug'' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) to produce a live birth; (ii) to remove a dead unborn child; or (iii) to treat an ectopic or molar pregnancy. ( 3) The term ``unborn child'' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. ``(b) Technical Assistance.--The Secretary shall provide technical assistance to facilitate and improve the reporting of data for purposes of this section. ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(2) The term `adverse event' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. ``(3) The term `serious adverse event' means an adverse event that meets Common Terminology for Coding Adverse Events criteria (or any successor publication) for level 3 or above.

To require more accurate reporting of abortion drug prescribing and related adverse events, and for other purposes. 2) States may voluntarily choose to share abortion data with the Centers for Disease Control and Prevention (CDC), but the Guttmacher Institute, which directly surveys abortion providers, consistently documents 30 to 40 percent more abortions than the CDC. ( (6) Women experiencing complications will often present to an emergency room rather than return to the abortion provider, and researchers frequently ignore the difficulty in obtaining accurate International Classification of Diseases coding in emergency rooms due to search engine failure to discover induced abortion codes, which leads to miscoding and frequently attributing induced abortion complications to spontaneous abortions. ( Thus, the Adverse Event Reporting System of the FDA captured only 1.7 percent of the actual adverse events occurring in United States women, the majority of which occurred prior to 2016 when mifepristone prescribers were required to report adverse events as part of the risk evaluation and mitigation strategy. (10) In 2016, the FDA relaxed the gestational age dispensing from a limitation of 7 weeks gestation to a limitation of 10 weeks gestation, and at the same time the FDA no longer required mifepristone prescribers to report adverse events other than death. These simultaneous changes ensured that there would be no way to capture the increased adverse events resulting from the relaxation of the gestational age requirements. ( c) Definitions.--In this section: (1) The term ``abortion drug'' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) to produce a live birth; (ii) to remove a dead unborn child; or (iii) to treat an ectopic or molar pregnancy. ( 2) The term ``adverse event'' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. (3) The term ``unborn child'' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. 317V. IMPROVED REPORTING OF DATA RELATED TO CHEMICAL ABORTIONS. ``(b) Technical Assistance.--The Secretary shall provide technical assistance to facilitate and improve the reporting of data for purposes of this section. ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(4) The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code.''.

To require more accurate reporting of abortion drug prescribing and related adverse events, and for other purposes. The Congress finds the following: (1) Many data limitations affect the accuracy of statistics related to chemical abortions in the United States, and there is no central database tracking this information. ( 3) Some States with high volumes of abortion, such as California, do not report to the CDC. ( (9) Independent systematic analysis of adverse event reports submitted to the Food and Drug Administration (FDA) between 2000 and 2019 revealed approximately 3,000 United States adverse events out of an expected 185,000 adverse events based on the known and published complication rate after mifepristone misoprostol abortions. 11) In order to fulfil the statutory requirement of the FDA to oversee and evaluate the safety of mifepristone use as an abortifacient, substantial changes in the adverse event reporting for mifepristone must be implemented to obtain an accurate evaluation of the impact of mifepristone-related adverse events on United States women. (c) Definitions.--In this section: (1) The term ``abortion drug'' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) to produce a live birth; (ii) to remove a dead unborn child; or (iii) to treat an ectopic or molar pregnancy. ( 3) The term ``unborn child'' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. ``(b) Technical Assistance.--The Secretary shall provide technical assistance to facilitate and improve the reporting of data for purposes of this section. ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(2) The term `adverse event' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. ``(3) The term `serious adverse event' means an adverse event that meets Common Terminology for Coding Adverse Events criteria (or any successor publication) for level 3 or above.

To require more accurate reporting of abortion drug prescribing and related adverse events, and for other purposes. 2) States may voluntarily choose to share abortion data with the Centers for Disease Control and Prevention (CDC), but the Guttmacher Institute, which directly surveys abortion providers, consistently documents 30 to 40 percent more abortions than the CDC. ( (6) Women experiencing complications will often present to an emergency room rather than return to the abortion provider, and researchers frequently ignore the difficulty in obtaining accurate International Classification of Diseases coding in emergency rooms due to search engine failure to discover induced abortion codes, which leads to miscoding and frequently attributing induced abortion complications to spontaneous abortions. ( Thus, the Adverse Event Reporting System of the FDA captured only 1.7 percent of the actual adverse events occurring in United States women, the majority of which occurred prior to 2016 when mifepristone prescribers were required to report adverse events as part of the risk evaluation and mitigation strategy. (10) In 2016, the FDA relaxed the gestational age dispensing from a limitation of 7 weeks gestation to a limitation of 10 weeks gestation, and at the same time the FDA no longer required mifepristone prescribers to report adverse events other than death. These simultaneous changes ensured that there would be no way to capture the increased adverse events resulting from the relaxation of the gestational age requirements. ( c) Definitions.--In this section: (1) The term ``abortion drug'' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) to produce a live birth; (ii) to remove a dead unborn child; or (iii) to treat an ectopic or molar pregnancy. ( 2) The term ``adverse event'' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. (3) The term ``unborn child'' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. 317V. IMPROVED REPORTING OF DATA RELATED TO CHEMICAL ABORTIONS. ``(b) Technical Assistance.--The Secretary shall provide technical assistance to facilitate and improve the reporting of data for purposes of this section. ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(4) The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code.''.

To require more accurate reporting of abortion drug prescribing and related adverse events, and for other purposes. ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(2) The term `adverse event' means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug-related. ``(3) The term `serious adverse event' means an adverse event that meets Common Terminology for Coding Adverse Events criteria (or any successor publication) for level 3 or above.

To require more accurate reporting of abortion drug prescribing and related adverse events, and for other purposes. Thus, the Adverse Event Reporting System of the FDA captured only 1.7 percent of the actual adverse events occurring in United States women, the majority of which occurred prior to 2016 when mifepristone prescribers were required to report adverse events as part of the risk evaluation and mitigation strategy. ( ( c) Definitions.--In this section: (1) The term ``abortion drug'' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) to produce a live birth; (ii) to remove a dead unborn child; or (iii) to treat an ectopic or molar pregnancy. ( ``(c) Annual Reporting.--The Secretary shall-- ``(1) annually publish a report on the data collected and aggregated pursuant to subsection (a)(1); and ``(2) post such report on the public website of the Food and Drug Administration. ``(4) The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. ''.

Safeguarding Women's and Children's Health Act of 2022 This bill requires the Department of Health and Human Services (HHS) to require any abortion drug, including any abortion drugs approved by the Food and Drug Administration before this bill's enactment, to have a risk evaluation and mitigation strategy requiring that: (1) within 15 days of becoming aware of any death or other adverse event Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) collect and aggregate in a standardized format information that is reported pursuant to the Safeguarding Women's and Children's Health Act of 2022 with respect to abortion drugs; (2) make such information available in

S.4071

Health

Helping Experts Accelerate Rare Treatments Act of 2022 This bill modifies provisions relating to the approval of drugs for rare diseases and conditions, including by requiring regular reporting on the number and types of applications received and the extent to which external experts are consulted during the review process.

To amend the Federal Food, Drug, and Cosmetic Act to improve the treatment of rare diseases and conditions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Experts Accelerate Rare Treatments Act of 2022''. SEC. 2. IMPROVING THE TREATMENT OF RARE DISEASES AND CONDITIONS. (a) Annual Report on Orphan Drug Program.--Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa et seq.) is amended by adding at the end the following new section: ``SEC. 529B. ANNUAL REPORT ON ORPHAN DRUG PROGRAM. ``(a) In General.--Not later than 1 year after the date of enactment of the Helping Experts Accelerate Rare Treatments Act of 2022, and not less frequently than annually thereafter, the Secretary shall submit to Congress a report summarizing the activities of the Food and Drug Administration related to designating drugs under section 526 for a rare disease or condition and approving such drugs under section 505 of this Act or licensing such drugs under section 351 of the Public Health Service Act, including-- ``(1) the number of applications for such drugs under section 505 of this Act and section 351 of the Public Health Service Act received by the Food and Drug Administration, the number of such applications accepted for filing, the number of such applications rejected for filing, and the numbers of such applications pending, approved, and disapproved by the Food and Drug Administration, arrayed by the review division assigned to the application; ``(2) the size of the affected population in the United States of each disease or condition addressed by an application described in paragraph (1), assessed taking into consideration the documentation required by section 316.20 of title 21, Code of Federal Regulations (or any successor regulation) and other relevant information available to the Secretary; and ``(3) the extent of consultation with stakeholders and external experts pursuant to section 569. ``(b) Manner of Submission.--The information required to be reported under this section may be submitted as part of another report to Congress related to the regulation of drugs. ``(c) Public Availability.--The Secretary shall make each report under subsection (a) available to the public, including by posting the report on the website of the Food and Drug Administration.''. (b) Study on European Union Safety and Efficacy Reviews of Drugs for Rare Diseases and Conditions.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the ``National Academies'') to examine and report on European Union safety and efficacy reviews of drugs for rare diseases and conditions, the use and sufficiency of existing mechanisms and tools of the Food and Drug Administration in ensuring that patient and physician perspectives are considered throughout such reviews, and opportunities to improve such reviews in the United States. (2) Content.--The report developed under paragraph (1) shall-- (A) assess and evaluate, with respect to drugs for rare diseases and conditions-- (i) any flexibilities, authorities, or mechanisms available in the European Union; (ii) consideration and use by the European Medicines Agency of supplemental data submitted during the orphan drug application review process, including data associated with open label extension studies and expanded access programs; and (iii) each formal or informal process that the Food and Drug Administration has utilized to gather external expertise on orphan drug applications, separately considering orphan drugs for diseases or conditions that affect fewer than 20,000 individuals in the United States, compared to orphan drugs for other rare diseases or conditions; and (B) provide recommendations for changes to the processes and authorities of the Food and Drug Administration to facilitate development of, and access to, orphan drugs, which may include-- (i) new tools or mechanisms to improve efforts and initiatives of the Food and Drug Administration to collect and consider external expertise on orphan drug applications, separately considering treatments for diseases or conditions that affect fewer than 20,000 individuals in the United States, including with respect to processes related to application review, including structured benefit-risk assessments, advisory committee deliberations, and postapproval safety monitoring; and (ii) in the case of a need for input from external experts where there are limited clinical and research experts available with respect to a rare disease or condition, setting forth alternative processes to address or resolve any conflicts of interest that would otherwise impede inclusion of input from such external experts. (3) Input.--In conducting the study and developing the report under paragraph (2), the National Academies shall-- (A) consider input from the Department of Health and Human Services, and any other Federal agencies, as appropriate; and (B) consult with relevant stakeholders, which may include conducting public meetings and other forms of engagement, as appropriate, with patient groups, health care providers, medical professional societies, public health experts, medical product manufacturers, and other entities with relevant experience. (4) Definitions.--In this subsection-- (A) the term ``orphan drug'' means a drug designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb); and (B) the term ``rare disease or condition'' has the meaning given such term in section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb). (c) Review Process.-- (1) Consultation with stakeholders.--Section 569(a)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb- 8(a)(1)) is amended-- (A) by striking ``at a time'' and inserting ``at any time''; (B) by striking ``Consistent with sections'' and inserting the following: ``(A) In general.--Consistent with sections''; and (C) by adding at the end the following: ``(B) Consultation with patients and patient groups.-- ``(i) In general.--The Secretary may, as appropriate, consult with patients and relevant patient groups impacted by the rare disease or condition, together with at least one expert included on the list under paragraph (2)(A) and selected by such groups-- ``(I) during the review process of an application for a new drug or biological product for a rare disease or condition or a drug or biological product that is genetically targeted; and ``(II) as applicable, during meetings between the Food and Drug Administration and sponsors prior to the submission of an application for a drug described in subclause (I). ``(ii) Conflicts of interest.--For purposes of clause (i), to be eligible for consultation pursuant to clause (i), patients and relevant patient groups may not have any financial interest in the applicable drug or biological product, and external experts shall be in compliance with applicable law, including section 208 of title 18, United States Code. ``(C) Consultation with disproportionately affected communities.--To the extent an application for a new drug or biological product relates to a rare disease or condition that disproportionately affects communities of color or other historically underrepresented and vulnerable populations, the Secretary is encouraged to consult with patients of that subpopulation, or one or more patient groups that represent that subpopulation.''. (2) Requiring appropriate expert consultation.--Section 569(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-8(a)(2)) is amended-- (A) in subparagraph (A), by striking the second sentence; and (B) by striking subparagraph (B) and inserting the following: ``(B) Consultation.--With respect to any application under section 505 of this Act or section 351 of the Public Health Service Act for a drug designated under section 526 for a rare disease or condition or a drug or biological product that is genetically targeted, the Secretary may, as appropriate, consult-- ``(i) with an expert with respect to the disease or condition referenced in the application who appears on the list described in subparagraph (A); or ``(ii) if no such expert is available, including because of conflicts of interest, with an expert on the list described in subparagraph (A) in the science of small population studies. ``(C) Availability at meetings.--In connection with each drug product advisory committee meeting concerning a drug or biological product for a rare disease or condition, the Secretary may, as appropriate-- ``(i) include-- ``(I) an expert in the rare disease or condition; or ``(II) if no such expert is available, including because of conflicts of interest, an expert in the science of small population studies; and ``(ii) invite at least one disease or condition expert identified by the relevant patient groups to participate as a nonvoting member of the advisory committee.''. (3) Additional topic for consultation.--Section 569(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb- 8(b)) is amended-- (A) in paragraph (6), by striking ``; and'' and inserting ``;''; (B) in paragraph (7), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(8) the science of small population studies.''. <all>

Helping Experts Accelerate Rare Treatments Act of 2022

A bill to amend the Federal Food, Drug, and Cosmetic Act to improve the treatment of rare diseases and conditions, and for other purposes.

Helping Experts Accelerate Rare Treatments Act of 2022

Sen. Casey, Robert P., Jr.

D

PA

This bill modifies provisions relating to the approval of drugs for rare diseases and conditions, including by requiring regular reporting on the number and types of applications received and the extent to which external experts are consulted during the review process.

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 ``Helping Experts Accelerate Rare Treatments Act of 2022''. SEC. 2. is amended by adding at the end the following new section: ``SEC. ANNUAL REPORT ON ORPHAN DRUG PROGRAM. ``(b) Manner of Submission.--The information required to be reported under this section may be submitted as part of another report to Congress related to the regulation of drugs. (b) Study on European Union Safety and Efficacy Reviews of Drugs for Rare Diseases and Conditions.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the ``National Academies'') to examine and report on European Union safety and efficacy reviews of drugs for rare diseases and conditions, the use and sufficiency of existing mechanisms and tools of the Food and Drug Administration in ensuring that patient and physician perspectives are considered throughout such reviews, and opportunities to improve such reviews in the United States. (4) Definitions.--In this subsection-- (A) the term ``orphan drug'' means a drug designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb). ``(ii) Conflicts of interest.--For purposes of clause (i), to be eligible for consultation pursuant to clause (i), patients and relevant patient groups may not have any financial interest in the applicable drug or biological product, and external experts shall be in compliance with applicable law, including section 208 of title 18, United States Code. 360bbb-8(a)(2)) is amended-- (A) in subparagraph (A), by striking the second sentence; and (B) by striking subparagraph (B) and inserting the following: ``(B) Consultation.--With respect to any application under section 505 of this Act or section 351 of the Public Health Service Act for a drug designated under section 526 for a rare disease or condition or a drug or biological product that is genetically targeted, the Secretary may, as appropriate, consult-- ``(i) with an expert with respect to the disease or condition referenced in the application who appears on the list described in subparagraph (A); or ``(ii) if no such expert is available, including because of conflicts of interest, with an expert on the list described in subparagraph (A) in the science of small population studies.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. 2. ANNUAL REPORT ON ORPHAN DRUG PROGRAM. (b) Study on European Union Safety and Efficacy Reviews of Drugs for Rare Diseases and Conditions.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the ``National Academies'') to examine and report on European Union safety and efficacy reviews of drugs for rare diseases and conditions, the use and sufficiency of existing mechanisms and tools of the Food and Drug Administration in ensuring that patient and physician perspectives are considered throughout such reviews, and opportunities to improve such reviews in the United States. (4) Definitions.--In this subsection-- (A) the term ``orphan drug'' means a drug designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb). ``(ii) Conflicts of interest.--For purposes of clause (i), to be eligible for consultation pursuant to clause (i), patients and relevant patient groups may not have any financial interest in the applicable drug or biological product, and external experts shall be in compliance with applicable law, including section 208 of title 18, United States Code. 360bbb-8(a)(2)) is amended-- (A) in subparagraph (A), by striking the second sentence; and (B) by striking subparagraph (B) and inserting the following: ``(B) Consultation.--With respect to any application under section 505 of this Act or section 351 of the Public Health Service Act for a drug designated under section 526 for a rare disease or condition or a drug or biological product that is genetically targeted, the Secretary may, as appropriate, consult-- ``(i) with an expert with respect to the disease or condition referenced in the application who appears on the list described in subparagraph (A); or ``(ii) if no such expert is available, including because of conflicts of interest, with an expert on the list described in subparagraph (A) in the science of small population studies.

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 ``Helping Experts Accelerate Rare Treatments Act of 2022''. SEC. 2. 360aa et seq.) is amended by adding at the end the following new section: ``SEC. 529B. ANNUAL REPORT ON ORPHAN DRUG PROGRAM. ``(b) Manner of Submission.--The information required to be reported under this section may be submitted as part of another report to Congress related to the regulation of drugs. (b) Study on European Union Safety and Efficacy Reviews of Drugs for Rare Diseases and Conditions.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the ``National Academies'') to examine and report on European Union safety and efficacy reviews of drugs for rare diseases and conditions, the use and sufficiency of existing mechanisms and tools of the Food and Drug Administration in ensuring that patient and physician perspectives are considered throughout such reviews, and opportunities to improve such reviews in the United States. (3) Input.--In conducting the study and developing the report under paragraph (2), the National Academies shall-- (A) consider input from the Department of Health and Human Services, and any other Federal agencies, as appropriate; and (B) consult with relevant stakeholders, which may include conducting public meetings and other forms of engagement, as appropriate, with patient groups, health care providers, medical professional societies, public health experts, medical product manufacturers, and other entities with relevant experience. (4) Definitions.--In this subsection-- (A) the term ``orphan drug'' means a drug designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb). ``(ii) Conflicts of interest.--For purposes of clause (i), to be eligible for consultation pursuant to clause (i), patients and relevant patient groups may not have any financial interest in the applicable drug or biological product, and external experts shall be in compliance with applicable law, including section 208 of title 18, United States Code. ``(C) Consultation with disproportionately affected communities.--To the extent an application for a new drug or biological product relates to a rare disease or condition that disproportionately affects communities of color or other historically underrepresented and vulnerable populations, the Secretary is encouraged to consult with patients of that subpopulation, or one or more patient groups that represent that subpopulation.''. 360bbb-8(a)(2)) is amended-- (A) in subparagraph (A), by striking the second sentence; and (B) by striking subparagraph (B) and inserting the following: ``(B) Consultation.--With respect to any application under section 505 of this Act or section 351 of the Public Health Service Act for a drug designated under section 526 for a rare disease or condition or a drug or biological product that is genetically targeted, the Secretary may, as appropriate, consult-- ``(i) with an expert with respect to the disease or condition referenced in the application who appears on the list described in subparagraph (A); or ``(ii) if no such expert is available, including because of conflicts of interest, with an expert on the list described in subparagraph (A) in the science of small population studies.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Experts Accelerate Rare Treatments Act of 2022''. SEC. 2. 360aa et seq.) is amended by adding at the end the following new section: ``SEC. 529B. ANNUAL REPORT ON ORPHAN DRUG PROGRAM. ``(b) Manner of Submission.--The information required to be reported under this section may be submitted as part of another report to Congress related to the regulation of drugs. (b) Study on European Union Safety and Efficacy Reviews of Drugs for Rare Diseases and Conditions.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the ``National Academies'') to examine and report on European Union safety and efficacy reviews of drugs for rare diseases and conditions, the use and sufficiency of existing mechanisms and tools of the Food and Drug Administration in ensuring that patient and physician perspectives are considered throughout such reviews, and opportunities to improve such reviews in the United States. (2) Content.--The report developed under paragraph (1) shall-- (A) assess and evaluate, with respect to drugs for rare diseases and conditions-- (i) any flexibilities, authorities, or mechanisms available in the European Union; (ii) consideration and use by the European Medicines Agency of supplemental data submitted during the orphan drug application review process, including data associated with open label extension studies and expanded access programs; and (iii) each formal or informal process that the Food and Drug Administration has utilized to gather external expertise on orphan drug applications, separately considering orphan drugs for diseases or conditions that affect fewer than 20,000 individuals in the United States, compared to orphan drugs for other rare diseases or conditions; and (B) provide recommendations for changes to the processes and authorities of the Food and Drug Administration to facilitate development of, and access to, orphan drugs, which may include-- (i) new tools or mechanisms to improve efforts and initiatives of the Food and Drug Administration to collect and consider external expertise on orphan drug applications, separately considering treatments for diseases or conditions that affect fewer than 20,000 individuals in the United States, including with respect to processes related to application review, including structured benefit-risk assessments, advisory committee deliberations, and postapproval safety monitoring; and (ii) in the case of a need for input from external experts where there are limited clinical and research experts available with respect to a rare disease or condition, setting forth alternative processes to address or resolve any conflicts of interest that would otherwise impede inclusion of input from such external experts. (3) Input.--In conducting the study and developing the report under paragraph (2), the National Academies shall-- (A) consider input from the Department of Health and Human Services, and any other Federal agencies, as appropriate; and (B) consult with relevant stakeholders, which may include conducting public meetings and other forms of engagement, as appropriate, with patient groups, health care providers, medical professional societies, public health experts, medical product manufacturers, and other entities with relevant experience. (4) Definitions.--In this subsection-- (A) the term ``orphan drug'' means a drug designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb). ``(ii) Conflicts of interest.--For purposes of clause (i), to be eligible for consultation pursuant to clause (i), patients and relevant patient groups may not have any financial interest in the applicable drug or biological product, and external experts shall be in compliance with applicable law, including section 208 of title 18, United States Code. ``(C) Consultation with disproportionately affected communities.--To the extent an application for a new drug or biological product relates to a rare disease or condition that disproportionately affects communities of color or other historically underrepresented and vulnerable populations, the Secretary is encouraged to consult with patients of that subpopulation, or one or more patient groups that represent that subpopulation.''. 360bbb-8(a)(2)) is amended-- (A) in subparagraph (A), by striking the second sentence; and (B) by striking subparagraph (B) and inserting the following: ``(B) Consultation.--With respect to any application under section 505 of this Act or section 351 of the Public Health Service Act for a drug designated under section 526 for a rare disease or condition or a drug or biological product that is genetically targeted, the Secretary may, as appropriate, consult-- ``(i) with an expert with respect to the disease or condition referenced in the application who appears on the list described in subparagraph (A); or ``(ii) if no such expert is available, including because of conflicts of interest, with an expert on the list described in subparagraph (A) in the science of small population studies. (3) Additional topic for consultation.--Section 569(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

To amend the Federal Food, Drug, and Cosmetic Act to improve the treatment of rare diseases and conditions, and for other purposes. a) Annual Report on Orphan Drug Program.--Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa et seq.) ``(b) Manner of Submission.--The information required to be reported under this section may be submitted as part of another report to Congress related to the regulation of drugs. ``(c) Public Availability.--The Secretary shall make each report under subsection (a) available to the public, including by posting the report on the website of the Food and Drug Administration.''. ( (3) Input.--In conducting the study and developing the report under paragraph (2), the National Academies shall-- (A) consider input from the Department of Health and Human Services, and any other Federal agencies, as appropriate; and (B) consult with relevant stakeholders, which may include conducting public meetings and other forms of engagement, as appropriate, with patient groups, health care providers, medical professional societies, public health experts, medical product manufacturers, and other entities with relevant experience. ( 4) Definitions.--In this subsection-- (A) the term ``orphan drug'' means a drug designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb); and (B) the term ``rare disease or condition'' has the meaning given such term in section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb). ( ``(ii) Conflicts of interest.--For purposes of clause (i), to be eligible for consultation pursuant to clause (i), patients and relevant patient groups may not have any financial interest in the applicable drug or biological product, and external experts shall be in compliance with applicable law, including section 208 of title 18, United States Code. ``(C) Consultation with disproportionately affected communities.--To the extent an application for a new drug or biological product relates to a rare disease or condition that disproportionately affects communities of color or other historically underrepresented and vulnerable populations, the Secretary is encouraged to consult with patients of that subpopulation, or one or more patient groups that represent that subpopulation.''. ( ``(C) Availability at meetings.--In connection with each drug product advisory committee meeting concerning a drug or biological product for a rare disease or condition, the Secretary may, as appropriate-- ``(i) include-- ``(I) an expert in the rare disease or condition; or ``(II) if no such expert is available, including because of conflicts of interest, an expert in the science of small population studies; and ``(ii) invite at least one disease or condition expert identified by the relevant patient groups to participate as a nonvoting member of the advisory committee.''. ( 3) Additional topic for consultation.--Section 569(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb- 8(b)) is amended-- (A) in paragraph (6), by striking ``; and'' and inserting ``;''; (B) in paragraph (7), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(8) the science of small population studies.''.

To amend the Federal Food, Drug, and Cosmetic Act to improve the treatment of rare diseases and conditions, and for other purposes. ``(b) Manner of Submission.--The information required to be reported under this section may be submitted as part of another report to Congress related to the regulation of drugs. ``(c) Public Availability.--The Secretary shall make each report under subsection (a) available to the public, including by posting the report on the website of the Food and Drug Administration.''. ( 3) Input.--In conducting the study and developing the report under paragraph (2), the National Academies shall-- (A) consider input from the Department of Health and Human Services, and any other Federal agencies, as appropriate; and (B) consult with relevant stakeholders, which may include conducting public meetings and other forms of engagement, as appropriate, with patient groups, health care providers, medical professional societies, public health experts, medical product manufacturers, and other entities with relevant experience. (4) Definitions.--In this subsection-- (A) the term ``orphan drug'' means a drug designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb); and (B) the term ``rare disease or condition'' has the meaning given such term in section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb). ( ``(ii) Conflicts of interest.--For purposes of clause (i), to be eligible for consultation pursuant to clause (i), patients and relevant patient groups may not have any financial interest in the applicable drug or biological product, and external experts shall be in compliance with applicable law, including section 208 of title 18, United States Code. ``(C) Availability at meetings.--In connection with each drug product advisory committee meeting concerning a drug or biological product for a rare disease or condition, the Secretary may, as appropriate-- ``(i) include-- ``(I) an expert in the rare disease or condition; or ``(II) if no such expert is available, including because of conflicts of interest, an expert in the science of small population studies; and ``(ii) invite at least one disease or condition expert identified by the relevant patient groups to participate as a nonvoting member of the advisory committee.''. ( 3) Additional topic for consultation.--Section 569(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb- 8(b)) is amended-- (A) in paragraph (6), by striking ``; and'' and inserting ``;''; (B) in paragraph (7), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(8) the science of small population studies.''.

To amend the Federal Food, Drug, and Cosmetic Act to improve the treatment of rare diseases and conditions, and for other purposes. ``(b) Manner of Submission.--The information required to be reported under this section may be submitted as part of another report to Congress related to the regulation of drugs. ``(c) Public Availability.--The Secretary shall make each report under subsection (a) available to the public, including by posting the report on the website of the Food and Drug Administration.''. ( 3) Input.--In conducting the study and developing the report under paragraph (2), the National Academies shall-- (A) consider input from the Department of Health and Human Services, and any other Federal agencies, as appropriate; and (B) consult with relevant stakeholders, which may include conducting public meetings and other forms of engagement, as appropriate, with patient groups, health care providers, medical professional societies, public health experts, medical product manufacturers, and other entities with relevant experience. (4) Definitions.--In this subsection-- (A) the term ``orphan drug'' means a drug designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb); and (B) the term ``rare disease or condition'' has the meaning given such term in section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb). ( ``(ii) Conflicts of interest.--For purposes of clause (i), to be eligible for consultation pursuant to clause (i), patients and relevant patient groups may not have any financial interest in the applicable drug or biological product, and external experts shall be in compliance with applicable law, including section 208 of title 18, United States Code. ``(C) Availability at meetings.--In connection with each drug product advisory committee meeting concerning a drug or biological product for a rare disease or condition, the Secretary may, as appropriate-- ``(i) include-- ``(I) an expert in the rare disease or condition; or ``(II) if no such expert is available, including because of conflicts of interest, an expert in the science of small population studies; and ``(ii) invite at least one disease or condition expert identified by the relevant patient groups to participate as a nonvoting member of the advisory committee.''. ( 3) Additional topic for consultation.--Section 569(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb- 8(b)) is amended-- (A) in paragraph (6), by striking ``; and'' and inserting ``;''; (B) in paragraph (7), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(8) the science of small population studies.''.

To amend the Federal Food, Drug, and Cosmetic Act to improve the treatment of rare diseases and conditions, and for other purposes. a) Annual Report on Orphan Drug Program.--Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa et seq.) ``(b) Manner of Submission.--The information required to be reported under this section may be submitted as part of another report to Congress related to the regulation of drugs. ``(c) Public Availability.--The Secretary shall make each report under subsection (a) available to the public, including by posting the report on the website of the Food and Drug Administration.''. ( (3) Input.--In conducting the study and developing the report under paragraph (2), the National Academies shall-- (A) consider input from the Department of Health and Human Services, and any other Federal agencies, as appropriate; and (B) consult with relevant stakeholders, which may include conducting public meetings and other forms of engagement, as appropriate, with patient groups, health care providers, medical professional societies, public health experts, medical product manufacturers, and other entities with relevant experience. ( 4) Definitions.--In this subsection-- (A) the term ``orphan drug'' means a drug designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb); and (B) the term ``rare disease or condition'' has the meaning given such term in section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb). ( ``(ii) Conflicts of interest.--For purposes of clause (i), to be eligible for consultation pursuant to clause (i), patients and relevant patient groups may not have any financial interest in the applicable drug or biological product, and external experts shall be in compliance with applicable law, including section 208 of title 18, United States Code. ``(C) Consultation with disproportionately affected communities.--To the extent an application for a new drug or biological product relates to a rare disease or condition that disproportionately affects communities of color or other historically underrepresented and vulnerable populations, the Secretary is encouraged to consult with patients of that subpopulation, or one or more patient groups that represent that subpopulation.''. ( ``(C) Availability at meetings.--In connection with each drug product advisory committee meeting concerning a drug or biological product for a rare disease or condition, the Secretary may, as appropriate-- ``(i) include-- ``(I) an expert in the rare disease or condition; or ``(II) if no such expert is available, including because of conflicts of interest, an expert in the science of small population studies; and ``(ii) invite at least one disease or condition expert identified by the relevant patient groups to participate as a nonvoting member of the advisory committee.''. ( 3) Additional topic for consultation.--Section 569(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb- 8(b)) is amended-- (A) in paragraph (6), by striking ``; and'' and inserting ``;''; (B) in paragraph (7), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(8) the science of small population studies.''.

To amend the Federal Food, Drug, and Cosmetic Act to improve the treatment of rare diseases and conditions, and for other purposes. ``(b) Manner of Submission.--The information required to be reported under this section may be submitted as part of another report to Congress related to the regulation of drugs. ``(c) Public Availability.--The Secretary shall make each report under subsection (a) available to the public, including by posting the report on the website of the Food and Drug Administration.''. ( 3) Input.--In conducting the study and developing the report under paragraph (2), the National Academies shall-- (A) consider input from the Department of Health and Human Services, and any other Federal agencies, as appropriate; and (B) consult with relevant stakeholders, which may include conducting public meetings and other forms of engagement, as appropriate, with patient groups, health care providers, medical professional societies, public health experts, medical product manufacturers, and other entities with relevant experience. (4) Definitions.--In this subsection-- (A) the term ``orphan drug'' means a drug designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb); and (B) the term ``rare disease or condition'' has the meaning given such term in section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb). ( ``(ii) Conflicts of interest.--For purposes of clause (i), to be eligible for consultation pursuant to clause (i), patients and relevant patient groups may not have any financial interest in the applicable drug or biological product, and external experts shall be in compliance with applicable law, including section 208 of title 18, United States Code. ``(C) Availability at meetings.--In connection with each drug product advisory committee meeting concerning a drug or biological product for a rare disease or condition, the Secretary may, as appropriate-- ``(i) include-- ``(I) an expert in the rare disease or condition; or ``(II) if no such expert is available, including because of conflicts of interest, an expert in the science of small population studies; and ``(ii) invite at least one disease or condition expert identified by the relevant patient groups to participate as a nonvoting member of the advisory committee.''. ( 3) Additional topic for consultation.--Section 569(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb- 8(b)) is amended-- (A) in paragraph (6), by striking ``; and'' and inserting ``;''; (B) in paragraph (7), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(8) the science of small population studies.''.

To amend the Federal Food, Drug, and Cosmetic Act to improve the treatment of rare diseases and conditions, and for other purposes. a) Annual Report on Orphan Drug Program.--Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa et seq.) ``(b) Manner of Submission.--The information required to be reported under this section may be submitted as part of another report to Congress related to the regulation of drugs. ``(c) Public Availability.--The Secretary shall make each report under subsection (a) available to the public, including by posting the report on the website of the Food and Drug Administration.''. ( (3) Input.--In conducting the study and developing the report under paragraph (2), the National Academies shall-- (A) consider input from the Department of Health and Human Services, and any other Federal agencies, as appropriate; and (B) consult with relevant stakeholders, which may include conducting public meetings and other forms of engagement, as appropriate, with patient groups, health care providers, medical professional societies, public health experts, medical product manufacturers, and other entities with relevant experience. ( 4) Definitions.--In this subsection-- (A) the term ``orphan drug'' means a drug designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb); and (B) the term ``rare disease or condition'' has the meaning given such term in section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb). ( ``(ii) Conflicts of interest.--For purposes of clause (i), to be eligible for consultation pursuant to clause (i), patients and relevant patient groups may not have any financial interest in the applicable drug or biological product, and external experts shall be in compliance with applicable law, including section 208 of title 18, United States Code. ``(C) Consultation with disproportionately affected communities.--To the extent an application for a new drug or biological product relates to a rare disease or condition that disproportionately affects communities of color or other historically underrepresented and vulnerable populations, the Secretary is encouraged to consult with patients of that subpopulation, or one or more patient groups that represent that subpopulation.''. ( ``(C) Availability at meetings.--In connection with each drug product advisory committee meeting concerning a drug or biological product for a rare disease or condition, the Secretary may, as appropriate-- ``(i) include-- ``(I) an expert in the rare disease or condition; or ``(II) if no such expert is available, including because of conflicts of interest, an expert in the science of small population studies; and ``(ii) invite at least one disease or condition expert identified by the relevant patient groups to participate as a nonvoting member of the advisory committee.''. ( 3) Additional topic for consultation.--Section 569(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb- 8(b)) is amended-- (A) in paragraph (6), by striking ``; and'' and inserting ``;''; (B) in paragraph (7), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(8) the science of small population studies.''.

To amend the Federal Food, Drug, and Cosmetic Act to improve the treatment of rare diseases and conditions, and for other purposes. ``(b) Manner of Submission.--The information required to be reported under this section may be submitted as part of another report to Congress related to the regulation of drugs. ``(c) Public Availability.--The Secretary shall make each report under subsection (a) available to the public, including by posting the report on the website of the Food and Drug Administration.''. ( 3) Input.--In conducting the study and developing the report under paragraph (2), the National Academies shall-- (A) consider input from the Department of Health and Human Services, and any other Federal agencies, as appropriate; and (B) consult with relevant stakeholders, which may include conducting public meetings and other forms of engagement, as appropriate, with patient groups, health care providers, medical professional societies, public health experts, medical product manufacturers, and other entities with relevant experience. (4) Definitions.--In this subsection-- (A) the term ``orphan drug'' means a drug designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb); and (B) the term ``rare disease or condition'' has the meaning given such term in section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb). ( ``(ii) Conflicts of interest.--For purposes of clause (i), to be eligible for consultation pursuant to clause (i), patients and relevant patient groups may not have any financial interest in the applicable drug or biological product, and external experts shall be in compliance with applicable law, including section 208 of title 18, United States Code. ``(C) Availability at meetings.--In connection with each drug product advisory committee meeting concerning a drug or biological product for a rare disease or condition, the Secretary may, as appropriate-- ``(i) include-- ``(I) an expert in the rare disease or condition; or ``(II) if no such expert is available, including because of conflicts of interest, an expert in the science of small population studies; and ``(ii) invite at least one disease or condition expert identified by the relevant patient groups to participate as a nonvoting member of the advisory committee.''. ( 3) Additional topic for consultation.--Section 569(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb- 8(b)) is amended-- (A) in paragraph (6), by striking ``; and'' and inserting ``;''; (B) in paragraph (7), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(8) the science of small population studies.''.

To amend the Federal Food, Drug, and Cosmetic Act to improve the treatment of rare diseases and conditions, and for other purposes. ``(c) Public Availability.--The Secretary shall make each report under subsection (a) available to the public, including by posting the report on the website of the Food and Drug Administration.''. ( 360bb); and (B) the term ``rare disease or condition'' has the meaning given such term in section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb). ( ``(C) Availability at meetings.--In connection with each drug product advisory committee meeting concerning a drug or biological product for a rare disease or condition, the Secretary may, as appropriate-- ``(i) include-- ``(I) an expert in the rare disease or condition; or ``(II) if no such expert is available, including because of conflicts of interest, an expert in the science of small population studies; and ``(ii) invite at least one disease or condition expert identified by the relevant patient groups to participate as a nonvoting member of the advisory committee.''. ( 3) Additional topic for consultation.--Section 569(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb- 8(b)) is amended-- (A) in paragraph (6), by striking ``; and'' and inserting ``;''; (B) in paragraph (7), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(8) the science of small population studies. ''.

To amend the Federal Food, Drug, and Cosmetic Act to improve the treatment of rare diseases and conditions, and for other purposes. ``(ii) Conflicts of interest.--For purposes of clause (i), to be eligible for consultation pursuant to clause (i), patients and relevant patient groups may not have any financial interest in the applicable drug or biological product, and external experts shall be in compliance with applicable law, including section 208 of title 18, United States Code. ( 3) Additional topic for consultation.--Section 569(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb- 8(b)) is amended-- (A) in paragraph (6), by striking ``; and'' and inserting ``;''; (B) in paragraph (7), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(8) the science of small population studies. ''.

To amend the Federal Food, Drug, and Cosmetic Act to improve the treatment of rare diseases and conditions, and for other purposes. ``(c) Public Availability.--The Secretary shall make each report under subsection (a) available to the public, including by posting the report on the website of the Food and Drug Administration.''. ( 360bb); and (B) the term ``rare disease or condition'' has the meaning given such term in section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb). ( ``(C) Availability at meetings.--In connection with each drug product advisory committee meeting concerning a drug or biological product for a rare disease or condition, the Secretary may, as appropriate-- ``(i) include-- ``(I) an expert in the rare disease or condition; or ``(II) if no such expert is available, including because of conflicts of interest, an expert in the science of small population studies; and ``(ii) invite at least one disease or condition expert identified by the relevant patient groups to participate as a nonvoting member of the advisory committee.''. ( 3) Additional topic for consultation.--Section 569(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb- 8(b)) is amended-- (A) in paragraph (6), by striking ``; and'' and inserting ``;''; (B) in paragraph (7), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(8) the science of small population studies. ''.

Helping Experts Accelerate Rare Treatments Act of 2022 This bill amends the Federal Food, Drug, and Cosmetic Act to direct the Department of Health and Human Services (HHS) to report annually to Congress on the activities of the Food and Drug Administration (FDA) in designating drugs for a rare disease or condition, approving such drugs, or licensing such drugs. HHS shall Amends the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health and Human Services (HHS) to: (1) consult with patients and relevant patient groups impacted by a rare disease or condition, together with at least one expert selected by such groups, during the review process of an application for a new drug or biological product for such a condition; and (2

H.R.5709

Armed Forces and National Security

Afghanistan Security Through Intelligence Act This bill requires reports concerning the situation in Afghanistan and other specified countries. The National Intelligence Council within the Office of the Director of National Intelligence (ODNI) must submit to Congress a National Intelligence Estimate (a type of intelligence community assessment about a specific issue) on topics including (1) the presence of certain countries, including China, Iran, and Russia in Afghanistan and other specified countries, such as India and the Gulf Cooperation Council countries; (2) any change to threats to the United States as a result of the withdrawal of U.S. Armed Forces from Afghanistan on August 31, 2021; and (3) the political composition and stability of the governing body of Afghanistan. The ODNI must periodically report to Congress on issues such as (1) the intelligence community's collection posture with respect to issues involving Afghanistan, including the detection and prevention of any increased threat to the United States as a result of the U.S. military withdrawal from Afghanistan; (2) any plans or efforts to improve the intelligence collection posture in Afghanistan; and (3) the effect of publicly documenting the Taliban's abuses.

To direct the Director of National Intelligence to produce a National Intelligence Estimate on the situation in Afghanistan, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Afghanistan Security Through Intelligence Act''. SEC. 2. NATIONAL INTELLIGENCE ESTIMATE ON SECURITY SITUATION IN AFGHANISTAN AND RELATED REGION. (a) Requirement.--The Director of National Intelligence, acting through the National Intelligence Council, shall produce a National Intelligence Estimate on the situation in Afghanistan and the covered region. (b) Matters.--The National Intelligence Estimate produced under subsection (a) shall include, with respect to the 2-year period beginning on the date on which the Estimate is produced, an assessment of the following: (1) The presence in Afghanistan (including financial contributions to the Taliban, political relations with the Taliban, military presence in the covered region, economic presence in the covered region, and diplomatic presence in the covered region) of China, Iran, Pakistan, Russia, and any other foreign country determined relevant by the Director, respectively, and an assessment of the potential risks, or benefits, of any such presence, contributions, or relations. (2) Any change in the threat to the United States homeland or United States entities abroad as a result of the withdrawal of the Armed Forces from Afghanistan on August 31, 2021, including an assessment of the risk of al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham- Khorasan or any affiliates thereof, or any other similar international terrorist group, using Afghanistan as a safe haven for launching attacks on the United States and its interests abroad. (3) The political composition and sustainability of the governing body of Afghanistan, including an assessment of the ability of the United States Government to influence the policies of such governing body on the following: (A) Counterterrorism. (B) Counternarcotics. (C) Human rights (particularly regarding women and girls and traditionally targeted ethnic groups). (D) The treatment and safe transit of Afghans holding special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) and other Afghans who, during the period beginning in 2001, assisted efforts of the United States in Afghanistan or the covered region. (4) The effect on the covered region, and Europe, of refugees leaving Afghanistan. (5) The commitments of the Taliban relating to counterterrorism, including an assessment of-- (A) whether such commitments required under the agreement entered into between the United States Government and the Taliban in February 2020, have been tested, or will be tested during the 2-year period covered by the Estimate, and what such commitments entail; (B) whether any additional commitments relating to counterterrorism agreed to by the Taliban pursuant to subsequent negotiations with the United States Government following February 2020, have been tested, or will be tested during the 2-year period covered by the Estimate, and, if applicable, what such commitments entail; (C) any benchmarks against which the Taliban are to be evaluated with respect to commitments relating to counterterrorism; and (D) the intentions and capabilities of the Taliban with respect to counterterrorism (as such term is understood by the United States and by the Taliban, respectively), including the relations of the Taliban with al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham-Khorasan or any affiliates thereof, or any other similar international terrorist group. (c) Submission to Congress.-- (1) Submission.--Not later than one year after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees the National Intelligence Estimate produced under subsection (a), including all intelligence reporting underlying the Estimate. (2) Form.--The National Intelligence Estimate shall be submitted under paragraph (1) in classified form. (d) Public Version.--Consistent with the protection of intelligence sources and methods, at the same time as the Director submits to the congressional intelligence committees the National Intelligence Estimate under subsection (c), the Director shall make publicly available on the internet website of the Director an unclassified version of the key findings of the National Intelligence Estimate. (e) Definitions.--In this section: (1) Congressional intelligence committees.--The term ``congressional intelligence committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) Covered region.--The term ``covered region'' includes the following countries: (A) China. (B) The Gulf Cooperation Council countries, including Qatar, Saudi Arabia, the United Arab Emirates. (C) India. (D) Iran. (E) Pakistan. (F) Tajikistan. (G) Turkey. (H) Turkmenistan. (I) Uzbekistan. (3) United states entity.--The term ``United States entity'' means a citizen of the United States, an embassy or consulate of the United States, or an installation, facility, or personnel of the United States Government. SEC. 3. REPORT ON INTELLIGENCE COLLECTION POSTURE AND OTHER MATTERS RELATING TO AFGHANISTAN AND RELATED REGION. (a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the heads of elements of the intelligence community determined relevant by the Director, shall submit to the congressional intelligence committees a report on the collection posture of the intelligence community and other matters relating to Afghanistan and the covered region. (b) Matters.--The report under subsection (a) shall include the following: (1) A detailed description of the collection posture of the intelligence community with respect to Afghanistan, including with respect to the following: (A) The countering of terrorism threats that are directed at the United States homeland or United States entities abroad. (B) The finances of the Taliban, including financial contributions to the Taliban from foreign countries (particularly from China, Iran, Russia, and any other foreign country in the Arab Gulf region (or elsewhere) determined relevant by the Director, respectively). (C) The detection, and prevention of, any increased threat to the United States homeland or United States entities abroad as a result of the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021, including any such increased threat resulting from al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham-Khorasan or any affiliates thereof, or any other similar international terrorist group, using Afghanistan as a safe harbor. (2) A detailed description of any plans, strategies, or efforts to improve the collection posture described in paragraph (1)(A), including by filling any gaps identified pursuant to such paragraph. (3) An assessment of the effect of publicly documenting abuses engaged in by the Taliban, and a description of the efforts of the intelligence community to support other departments and agencies in the Federal Government with respect to the collection and documentation of such abuses. (4) An assessment of the relationship between the intelligence community and countries in the covered region, including an assessment of the following: (A) Intelligence and information sharing with such countries. (B) Any change in the collection posture of the intelligence community with respect to the nuclear activities of such countries as a result of the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021. (C) The collection posture of the intelligence community with respect to the presence of such countries in Afghanistan (including financial contributions to the Taliban, political relations with the Taliban, military presence in Afghanistan, economic presence in Afghanistan, and diplomatic presence in Afghanistan) and the understanding of the intelligence community regarding the potential risks, or benefits, of any such presence, contributions, or relations. (D) The ability of the intelligence community to use the airspace of any such countries. (5) An assessment of any financial contributions to the Taliban from foreign countries (particularly from China, Iran, Russia, and any other foreign country in the Arab Gulf region (or elsewhere) determined relevant by the Director, respectively) made during the year preceding the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021. (c) Form.--The report under subsection (a) may be submitted in classified form, but shall include an unclassified summary. (d) Biannual Updates.--On a biannual basis during the 5-year period following the date of the submission of the report under subsection (a), the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined relevant by the Director, shall submit to the congressional intelligence committees an update to such report. (e) Definitions.--In this section: (1) Congressional intelligence committees.--The term ``congressional intelligence committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) Covered region.--The term ``covered region'' includes the following countries: (A) China. (B) The Gulf Cooperation Council countries, including Qatar, Saudi Arabia, the United Arab Emirates. (C) India. (D) Iran. (E) Pakistan. (F) Tajikistan. (G) Turkey. (H) Turkmenistan. (I) Uzbekistan. (3) United states entity.--The term ``United States entity'' means a citizen of the United States, an embassy or consulate of the United States, or an installation, facility, or personnel of the United States Government. <all>

Afghanistan Security Through Intelligence Act

To direct the Director of National Intelligence to produce a National Intelligence Estimate on the situation in Afghanistan, and for other purposes.

Afghanistan Security Through Intelligence Act

Rep. Crow, Jason

D

CO

This bill requires reports concerning the situation in Afghanistan and other specified countries. The National Intelligence Council within the Office of the Director of National Intelligence (ODNI) must submit to Congress a National Intelligence Estimate (a type of intelligence community assessment about a specific issue) on topics including (1) the presence of certain countries, including China, Iran, and Russia in Afghanistan and other specified countries, such as India and the Gulf Cooperation Council countries; (2) any change to threats to the United States as a result of the withdrawal of U.S. Armed Forces from Afghanistan on August 31, 2021; and (3) the political composition and stability of the governing body of Afghanistan. The ODNI must periodically report to Congress on issues such as (1) the intelligence community's collection posture with respect to issues involving Afghanistan, including the detection and prevention of any increased threat to the United States as a result of the U.S. military withdrawal from Afghanistan; (2) any plans or efforts to improve the intelligence collection posture in Afghanistan; and (3) the effect of publicly documenting the Taliban's abuses.

This Act may be cited as the ``Afghanistan Security Through Intelligence Act''. 2. (a) Requirement.--The Director of National Intelligence, acting through the National Intelligence Council, shall produce a National Intelligence Estimate on the situation in Afghanistan and the covered region. (2) Any change in the threat to the United States homeland or United States entities abroad as a result of the withdrawal of the Armed Forces from Afghanistan on August 31, 2021, including an assessment of the risk of al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham- Khorasan or any affiliates thereof, or any other similar international terrorist group, using Afghanistan as a safe haven for launching attacks on the United States and its interests abroad. SEC. REPORT ON INTELLIGENCE COLLECTION POSTURE AND OTHER MATTERS RELATING TO AFGHANISTAN AND RELATED REGION. (B) The finances of the Taliban, including financial contributions to the Taliban from foreign countries (particularly from China, Iran, Russia, and any other foreign country in the Arab Gulf region (or elsewhere) determined relevant by the Director, respectively). (2) A detailed description of any plans, strategies, or efforts to improve the collection posture described in paragraph (1)(A), including by filling any gaps identified pursuant to such paragraph. (C) The collection posture of the intelligence community with respect to the presence of such countries in Afghanistan (including financial contributions to the Taliban, political relations with the Taliban, military presence in Afghanistan, economic presence in Afghanistan, and diplomatic presence in Afghanistan) and the understanding of the intelligence community regarding the potential risks, or benefits, of any such presence, contributions, or relations. (c) Form.--The report under subsection (a) may be submitted in classified form, but shall include an unclassified summary. (d) Biannual Updates.--On a biannual basis during the 5-year period following the date of the submission of the report under subsection (a), the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined relevant by the Director, shall submit to the congressional intelligence committees an update to such report. (e) Definitions.--In this section: (1) Congressional intelligence committees.--The term ``congressional intelligence committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (C) India. (E) Pakistan. (F) Tajikistan. (G) Turkey. (H) Turkmenistan. (I) Uzbekistan. (3) United states entity.--The term ``United States entity'' means a citizen of the United States, an embassy or consulate of the United States, or an installation, facility, or personnel of the United States Government.

This Act may be cited as the ``Afghanistan Security Through Intelligence Act''. 2. (a) Requirement.--The Director of National Intelligence, acting through the National Intelligence Council, shall produce a National Intelligence Estimate on the situation in Afghanistan and the covered region. (2) Any change in the threat to the United States homeland or United States entities abroad as a result of the withdrawal of the Armed Forces from Afghanistan on August 31, 2021, including an assessment of the risk of al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham- Khorasan or any affiliates thereof, or any other similar international terrorist group, using Afghanistan as a safe haven for launching attacks on the United States and its interests abroad. SEC. REPORT ON INTELLIGENCE COLLECTION POSTURE AND OTHER MATTERS RELATING TO AFGHANISTAN AND RELATED REGION. (B) The finances of the Taliban, including financial contributions to the Taliban from foreign countries (particularly from China, Iran, Russia, and any other foreign country in the Arab Gulf region (or elsewhere) determined relevant by the Director, respectively). (C) The collection posture of the intelligence community with respect to the presence of such countries in Afghanistan (including financial contributions to the Taliban, political relations with the Taliban, military presence in Afghanistan, economic presence in Afghanistan, and diplomatic presence in Afghanistan) and the understanding of the intelligence community regarding the potential risks, or benefits, of any such presence, contributions, or relations. (c) Form.--The report under subsection (a) may be submitted in classified form, but shall include an unclassified summary. (e) Definitions.--In this section: (1) Congressional intelligence committees.--The term ``congressional intelligence committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (C) India. (F) Tajikistan. (G) Turkey. (H) Turkmenistan. (I) Uzbekistan. (3) United states entity.--The term ``United States entity'' means a citizen of the United States, an embassy or consulate of the United States, or an installation, facility, or personnel of the United States Government.

SHORT TITLE. This Act may be cited as the ``Afghanistan Security Through Intelligence Act''. 2. (a) Requirement.--The Director of National Intelligence, acting through the National Intelligence Council, shall produce a National Intelligence Estimate on the situation in Afghanistan and the covered region. (2) Any change in the threat to the United States homeland or United States entities abroad as a result of the withdrawal of the Armed Forces from Afghanistan on August 31, 2021, including an assessment of the risk of al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham- Khorasan or any affiliates thereof, or any other similar international terrorist group, using Afghanistan as a safe haven for launching attacks on the United States and its interests abroad. (3) The political composition and sustainability of the governing body of Afghanistan, including an assessment of the ability of the United States Government to influence the policies of such governing body on the following: (A) Counterterrorism. (C) Human rights (particularly regarding women and girls and traditionally targeted ethnic groups). (D) The treatment and safe transit of Afghans holding special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. (4) The effect on the covered region, and Europe, of refugees leaving Afghanistan. (5) The commitments of the Taliban relating to counterterrorism, including an assessment of-- (A) whether such commitments required under the agreement entered into between the United States Government and the Taliban in February 2020, have been tested, or will be tested during the 2-year period covered by the Estimate, and what such commitments entail; (B) whether any additional commitments relating to counterterrorism agreed to by the Taliban pursuant to subsequent negotiations with the United States Government following February 2020, have been tested, or will be tested during the 2-year period covered by the Estimate, and, if applicable, what such commitments entail; (C) any benchmarks against which the Taliban are to be evaluated with respect to commitments relating to counterterrorism; and (D) the intentions and capabilities of the Taliban with respect to counterterrorism (as such term is understood by the United States and by the Taliban, respectively), including the relations of the Taliban with al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham-Khorasan or any affiliates thereof, or any other similar international terrorist group. SEC. REPORT ON INTELLIGENCE COLLECTION POSTURE AND OTHER MATTERS RELATING TO AFGHANISTAN AND RELATED REGION. (B) The finances of the Taliban, including financial contributions to the Taliban from foreign countries (particularly from China, Iran, Russia, and any other foreign country in the Arab Gulf region (or elsewhere) determined relevant by the Director, respectively). (2) A detailed description of any plans, strategies, or efforts to improve the collection posture described in paragraph (1)(A), including by filling any gaps identified pursuant to such paragraph. (C) The collection posture of the intelligence community with respect to the presence of such countries in Afghanistan (including financial contributions to the Taliban, political relations with the Taliban, military presence in Afghanistan, economic presence in Afghanistan, and diplomatic presence in Afghanistan) and the understanding of the intelligence community regarding the potential risks, or benefits, of any such presence, contributions, or relations. (c) Form.--The report under subsection (a) may be submitted in classified form, but shall include an unclassified summary. (d) Biannual Updates.--On a biannual basis during the 5-year period following the date of the submission of the report under subsection (a), the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined relevant by the Director, shall submit to the congressional intelligence committees an update to such report. (e) Definitions.--In this section: (1) Congressional intelligence committees.--The term ``congressional intelligence committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (B) The Gulf Cooperation Council countries, including Qatar, Saudi Arabia, the United Arab Emirates. (C) India. (E) Pakistan. (F) Tajikistan. (G) Turkey. (H) Turkmenistan. (I) Uzbekistan. (3) United states entity.--The term ``United States entity'' means a citizen of the United States, an embassy or consulate of the United States, or an installation, facility, or personnel of the United States Government.

To direct the Director of National Intelligence to produce a National Intelligence Estimate on the situation in Afghanistan, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Afghanistan Security Through Intelligence Act''. 2. (a) Requirement.--The Director of National Intelligence, acting through the National Intelligence Council, shall produce a National Intelligence Estimate on the situation in Afghanistan and the covered region. (2) Any change in the threat to the United States homeland or United States entities abroad as a result of the withdrawal of the Armed Forces from Afghanistan on August 31, 2021, including an assessment of the risk of al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham- Khorasan or any affiliates thereof, or any other similar international terrorist group, using Afghanistan as a safe haven for launching attacks on the United States and its interests abroad. (3) The political composition and sustainability of the governing body of Afghanistan, including an assessment of the ability of the United States Government to influence the policies of such governing body on the following: (A) Counterterrorism. (B) Counternarcotics. (C) Human rights (particularly regarding women and girls and traditionally targeted ethnic groups). (D) The treatment and safe transit of Afghans holding special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) and other Afghans who, during the period beginning in 2001, assisted efforts of the United States in Afghanistan or the covered region. (4) The effect on the covered region, and Europe, of refugees leaving Afghanistan. (5) The commitments of the Taliban relating to counterterrorism, including an assessment of-- (A) whether such commitments required under the agreement entered into between the United States Government and the Taliban in February 2020, have been tested, or will be tested during the 2-year period covered by the Estimate, and what such commitments entail; (B) whether any additional commitments relating to counterterrorism agreed to by the Taliban pursuant to subsequent negotiations with the United States Government following February 2020, have been tested, or will be tested during the 2-year period covered by the Estimate, and, if applicable, what such commitments entail; (C) any benchmarks against which the Taliban are to be evaluated with respect to commitments relating to counterterrorism; and (D) the intentions and capabilities of the Taliban with respect to counterterrorism (as such term is understood by the United States and by the Taliban, respectively), including the relations of the Taliban with al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham-Khorasan or any affiliates thereof, or any other similar international terrorist group. (c) Submission to Congress.-- (1) Submission.--Not later than one year after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees the National Intelligence Estimate produced under subsection (a), including all intelligence reporting underlying the Estimate. (d) Public Version.--Consistent with the protection of intelligence sources and methods, at the same time as the Director submits to the congressional intelligence committees the National Intelligence Estimate under subsection (c), the Director shall make publicly available on the internet website of the Director an unclassified version of the key findings of the National Intelligence Estimate. SEC. REPORT ON INTELLIGENCE COLLECTION POSTURE AND OTHER MATTERS RELATING TO AFGHANISTAN AND RELATED REGION. (B) The finances of the Taliban, including financial contributions to the Taliban from foreign countries (particularly from China, Iran, Russia, and any other foreign country in the Arab Gulf region (or elsewhere) determined relevant by the Director, respectively). (2) A detailed description of any plans, strategies, or efforts to improve the collection posture described in paragraph (1)(A), including by filling any gaps identified pursuant to such paragraph. (3) An assessment of the effect of publicly documenting abuses engaged in by the Taliban, and a description of the efforts of the intelligence community to support other departments and agencies in the Federal Government with respect to the collection and documentation of such abuses. (4) An assessment of the relationship between the intelligence community and countries in the covered region, including an assessment of the following: (A) Intelligence and information sharing with such countries. (C) The collection posture of the intelligence community with respect to the presence of such countries in Afghanistan (including financial contributions to the Taliban, political relations with the Taliban, military presence in Afghanistan, economic presence in Afghanistan, and diplomatic presence in Afghanistan) and the understanding of the intelligence community regarding the potential risks, or benefits, of any such presence, contributions, or relations. (D) The ability of the intelligence community to use the airspace of any such countries. (c) Form.--The report under subsection (a) may be submitted in classified form, but shall include an unclassified summary. (d) Biannual Updates.--On a biannual basis during the 5-year period following the date of the submission of the report under subsection (a), the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined relevant by the Director, shall submit to the congressional intelligence committees an update to such report. (e) Definitions.--In this section: (1) Congressional intelligence committees.--The term ``congressional intelligence committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) Covered region.--The term ``covered region'' includes the following countries: (A) China. (B) The Gulf Cooperation Council countries, including Qatar, Saudi Arabia, the United Arab Emirates. (C) India. (E) Pakistan. (F) Tajikistan. (G) Turkey. (H) Turkmenistan. (I) Uzbekistan. (3) United states entity.--The term ``United States entity'' means a citizen of the United States, an embassy or consulate of the United States, or an installation, facility, or personnel of the United States Government.

To direct the Director of National Intelligence to produce a National Intelligence Estimate on the situation in Afghanistan, and for other purposes. a) Requirement.--The Director of National Intelligence, acting through the National Intelligence Council, shall produce a National Intelligence Estimate on the situation in Afghanistan and the covered region. ( (2) Any change in the threat to the United States homeland or United States entities abroad as a result of the withdrawal of the Armed Forces from Afghanistan on August 31, 2021, including an assessment of the risk of al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham- Khorasan or any affiliates thereof, or any other similar international terrorist group, using Afghanistan as a safe haven for launching attacks on the United States and its interests abroad. ( D) The treatment and safe transit of Afghans holding special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) and other Afghans who, during the period beginning in 2001, assisted efforts of the United States in Afghanistan or the covered region. ( c) Submission to Congress.-- (1) Submission.--Not later than one year after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees the National Intelligence Estimate produced under subsection (a), including all intelligence reporting underlying the Estimate. ( 2) Form.--The National Intelligence Estimate shall be submitted under paragraph (1) in classified form. (d) Public Version.--Consistent with the protection of intelligence sources and methods, at the same time as the Director submits to the congressional intelligence committees the National Intelligence Estimate under subsection (c), the Director shall make publicly available on the internet website of the Director an unclassified version of the key findings of the National Intelligence Estimate. ( e) Definitions.--In this section: (1) Congressional intelligence committees.--The term ``congressional intelligence committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. ( (b) Matters.--The report under subsection (a) shall include the following: (1) A detailed description of the collection posture of the intelligence community with respect to Afghanistan, including with respect to the following: (A) The countering of terrorism threats that are directed at the United States homeland or United States entities abroad. ( C) The detection, and prevention of, any increased threat to the United States homeland or United States entities abroad as a result of the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021, including any such increased threat resulting from al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham-Khorasan or any affiliates thereof, or any other similar international terrorist group, using Afghanistan as a safe harbor. ( (4) An assessment of the relationship between the intelligence community and countries in the covered region, including an assessment of the following: (A) Intelligence and information sharing with such countries. ( B) Any change in the collection posture of the intelligence community with respect to the nuclear activities of such countries as a result of the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021. ( (d) Biannual Updates.--On a biannual basis during the 5-year period following the date of the submission of the report under subsection (a), the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined relevant by the Director, shall submit to the congressional intelligence committees an update to such report. ( e) Definitions.--In this section: (1) Congressional intelligence committees.--The term ``congressional intelligence committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (

To direct the Director of National Intelligence to produce a National Intelligence Estimate on the situation in Afghanistan, and for other purposes. 3) The political composition and sustainability of the governing body of Afghanistan, including an assessment of the ability of the United States Government to influence the policies of such governing body on the following: (A) Counterterrorism. ( 1101 note) and other Afghans who, during the period beginning in 2001, assisted efforts of the United States in Afghanistan or the covered region. ( c) Submission to Congress.-- (1) Submission.--Not later than one year after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees the National Intelligence Estimate produced under subsection (a), including all intelligence reporting underlying the Estimate. ( (2) Covered region.--The term ``covered region'' includes the following countries: (A) China. ( b) Matters.--The report under subsection (a) shall include the following: (1) A detailed description of the collection posture of the intelligence community with respect to Afghanistan, including with respect to the following: (A) The countering of terrorism threats that are directed at the United States homeland or United States entities abroad. ( (3) An assessment of the effect of publicly documenting abuses engaged in by the Taliban, and a description of the efforts of the intelligence community to support other departments and agencies in the Federal Government with respect to the collection and documentation of such abuses. ( 5) An assessment of any financial contributions to the Taliban from foreign countries (particularly from China, Iran, Russia, and any other foreign country in the Arab Gulf region (or elsewhere) determined relevant by the Director, respectively) made during the year preceding the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021. ( (B) The Gulf Cooperation Council countries, including Qatar, Saudi Arabia, the United Arab Emirates. ( 3) United states entity.--The term ``United States entity'' means a citizen of the United States, an embassy or consulate of the United States, or an installation, facility, or personnel of the United States Government.

To direct the Director of National Intelligence to produce a National Intelligence Estimate on the situation in Afghanistan, and for other purposes. 3) The political composition and sustainability of the governing body of Afghanistan, including an assessment of the ability of the United States Government to influence the policies of such governing body on the following: (A) Counterterrorism. ( 1101 note) and other Afghans who, during the period beginning in 2001, assisted efforts of the United States in Afghanistan or the covered region. ( c) Submission to Congress.-- (1) Submission.--Not later than one year after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees the National Intelligence Estimate produced under subsection (a), including all intelligence reporting underlying the Estimate. ( (2) Covered region.--The term ``covered region'' includes the following countries: (A) China. ( b) Matters.--The report under subsection (a) shall include the following: (1) A detailed description of the collection posture of the intelligence community with respect to Afghanistan, including with respect to the following: (A) The countering of terrorism threats that are directed at the United States homeland or United States entities abroad. ( (3) An assessment of the effect of publicly documenting abuses engaged in by the Taliban, and a description of the efforts of the intelligence community to support other departments and agencies in the Federal Government with respect to the collection and documentation of such abuses. ( 5) An assessment of any financial contributions to the Taliban from foreign countries (particularly from China, Iran, Russia, and any other foreign country in the Arab Gulf region (or elsewhere) determined relevant by the Director, respectively) made during the year preceding the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021. ( (B) The Gulf Cooperation Council countries, including Qatar, Saudi Arabia, the United Arab Emirates. ( 3) United states entity.--The term ``United States entity'' means a citizen of the United States, an embassy or consulate of the United States, or an installation, facility, or personnel of the United States Government.

To direct the Director of National Intelligence to produce a National Intelligence Estimate on the situation in Afghanistan, and for other purposes. a) Requirement.--The Director of National Intelligence, acting through the National Intelligence Council, shall produce a National Intelligence Estimate on the situation in Afghanistan and the covered region. ( (2) Any change in the threat to the United States homeland or United States entities abroad as a result of the withdrawal of the Armed Forces from Afghanistan on August 31, 2021, including an assessment of the risk of al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham- Khorasan or any affiliates thereof, or any other similar international terrorist group, using Afghanistan as a safe haven for launching attacks on the United States and its interests abroad. ( D) The treatment and safe transit of Afghans holding special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) and other Afghans who, during the period beginning in 2001, assisted efforts of the United States in Afghanistan or the covered region. ( c) Submission to Congress.-- (1) Submission.--Not later than one year after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees the National Intelligence Estimate produced under subsection (a), including all intelligence reporting underlying the Estimate. ( 2) Form.--The National Intelligence Estimate shall be submitted under paragraph (1) in classified form. (d) Public Version.--Consistent with the protection of intelligence sources and methods, at the same time as the Director submits to the congressional intelligence committees the National Intelligence Estimate under subsection (c), the Director shall make publicly available on the internet website of the Director an unclassified version of the key findings of the National Intelligence Estimate. ( e) Definitions.--In this section: (1) Congressional intelligence committees.--The term ``congressional intelligence committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. ( (b) Matters.--The report under subsection (a) shall include the following: (1) A detailed description of the collection posture of the intelligence community with respect to Afghanistan, including with respect to the following: (A) The countering of terrorism threats that are directed at the United States homeland or United States entities abroad. ( C) The detection, and prevention of, any increased threat to the United States homeland or United States entities abroad as a result of the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021, including any such increased threat resulting from al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham-Khorasan or any affiliates thereof, or any other similar international terrorist group, using Afghanistan as a safe harbor. ( (4) An assessment of the relationship between the intelligence community and countries in the covered region, including an assessment of the following: (A) Intelligence and information sharing with such countries. ( B) Any change in the collection posture of the intelligence community with respect to the nuclear activities of such countries as a result of the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021. ( (d) Biannual Updates.--On a biannual basis during the 5-year period following the date of the submission of the report under subsection (a), the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined relevant by the Director, shall submit to the congressional intelligence committees an update to such report. ( e) Definitions.--In this section: (1) Congressional intelligence committees.--The term ``congressional intelligence committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (

To direct the Director of National Intelligence to produce a National Intelligence Estimate on the situation in Afghanistan, and for other purposes. 3) The political composition and sustainability of the governing body of Afghanistan, including an assessment of the ability of the United States Government to influence the policies of such governing body on the following: (A) Counterterrorism. ( 1101 note) and other Afghans who, during the period beginning in 2001, assisted efforts of the United States in Afghanistan or the covered region. ( c) Submission to Congress.-- (1) Submission.--Not later than one year after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees the National Intelligence Estimate produced under subsection (a), including all intelligence reporting underlying the Estimate. ( (2) Covered region.--The term ``covered region'' includes the following countries: (A) China. ( b) Matters.--The report under subsection (a) shall include the following: (1) A detailed description of the collection posture of the intelligence community with respect to Afghanistan, including with respect to the following: (A) The countering of terrorism threats that are directed at the United States homeland or United States entities abroad. ( (3) An assessment of the effect of publicly documenting abuses engaged in by the Taliban, and a description of the efforts of the intelligence community to support other departments and agencies in the Federal Government with respect to the collection and documentation of such abuses. ( 5) An assessment of any financial contributions to the Taliban from foreign countries (particularly from China, Iran, Russia, and any other foreign country in the Arab Gulf region (or elsewhere) determined relevant by the Director, respectively) made during the year preceding the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021. ( (B) The Gulf Cooperation Council countries, including Qatar, Saudi Arabia, the United Arab Emirates. ( 3) United states entity.--The term ``United States entity'' means a citizen of the United States, an embassy or consulate of the United States, or an installation, facility, or personnel of the United States Government.

To direct the Director of National Intelligence to produce a National Intelligence Estimate on the situation in Afghanistan, and for other purposes. a) Requirement.--The Director of National Intelligence, acting through the National Intelligence Council, shall produce a National Intelligence Estimate on the situation in Afghanistan and the covered region. ( (2) Any change in the threat to the United States homeland or United States entities abroad as a result of the withdrawal of the Armed Forces from Afghanistan on August 31, 2021, including an assessment of the risk of al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham- Khorasan or any affiliates thereof, or any other similar international terrorist group, using Afghanistan as a safe haven for launching attacks on the United States and its interests abroad. ( D) The treatment and safe transit of Afghans holding special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) and other Afghans who, during the period beginning in 2001, assisted efforts of the United States in Afghanistan or the covered region. ( c) Submission to Congress.-- (1) Submission.--Not later than one year after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees the National Intelligence Estimate produced under subsection (a), including all intelligence reporting underlying the Estimate. ( 2) Form.--The National Intelligence Estimate shall be submitted under paragraph (1) in classified form. (d) Public Version.--Consistent with the protection of intelligence sources and methods, at the same time as the Director submits to the congressional intelligence committees the National Intelligence Estimate under subsection (c), the Director shall make publicly available on the internet website of the Director an unclassified version of the key findings of the National Intelligence Estimate. ( e) Definitions.--In this section: (1) Congressional intelligence committees.--The term ``congressional intelligence committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. ( (b) Matters.--The report under subsection (a) shall include the following: (1) A detailed description of the collection posture of the intelligence community with respect to Afghanistan, including with respect to the following: (A) The countering of terrorism threats that are directed at the United States homeland or United States entities abroad. ( C) The detection, and prevention of, any increased threat to the United States homeland or United States entities abroad as a result of the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021, including any such increased threat resulting from al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham-Khorasan or any affiliates thereof, or any other similar international terrorist group, using Afghanistan as a safe harbor. ( (4) An assessment of the relationship between the intelligence community and countries in the covered region, including an assessment of the following: (A) Intelligence and information sharing with such countries. ( B) Any change in the collection posture of the intelligence community with respect to the nuclear activities of such countries as a result of the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021. ( (d) Biannual Updates.--On a biannual basis during the 5-year period following the date of the submission of the report under subsection (a), the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined relevant by the Director, shall submit to the congressional intelligence committees an update to such report. ( e) Definitions.--In this section: (1) Congressional intelligence committees.--The term ``congressional intelligence committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (

To direct the Director of National Intelligence to produce a National Intelligence Estimate on the situation in Afghanistan, and for other purposes. 3) The political composition and sustainability of the governing body of Afghanistan, including an assessment of the ability of the United States Government to influence the policies of such governing body on the following: (A) Counterterrorism. ( 1101 note) and other Afghans who, during the period beginning in 2001, assisted efforts of the United States in Afghanistan or the covered region. ( c) Submission to Congress.-- (1) Submission.--Not later than one year after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees the National Intelligence Estimate produced under subsection (a), including all intelligence reporting underlying the Estimate. ( (2) Covered region.--The term ``covered region'' includes the following countries: (A) China. ( b) Matters.--The report under subsection (a) shall include the following: (1) A detailed description of the collection posture of the intelligence community with respect to Afghanistan, including with respect to the following: (A) The countering of terrorism threats that are directed at the United States homeland or United States entities abroad. ( (3) An assessment of the effect of publicly documenting abuses engaged in by the Taliban, and a description of the efforts of the intelligence community to support other departments and agencies in the Federal Government with respect to the collection and documentation of such abuses. ( 5) An assessment of any financial contributions to the Taliban from foreign countries (particularly from China, Iran, Russia, and any other foreign country in the Arab Gulf region (or elsewhere) determined relevant by the Director, respectively) made during the year preceding the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021. ( (B) The Gulf Cooperation Council countries, including Qatar, Saudi Arabia, the United Arab Emirates. ( 3) United states entity.--The term ``United States entity'' means a citizen of the United States, an embassy or consulate of the United States, or an installation, facility, or personnel of the United States Government.

To direct the Director of National Intelligence to produce a National Intelligence Estimate on the situation in Afghanistan, and for other purposes. D) The treatment and safe transit of Afghans holding special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) and other Afghans who, during the period beginning in 2001, assisted efforts of the United States in Afghanistan or the covered region. ( (d) Public Version.--Consistent with the protection of intelligence sources and methods, at the same time as the Director submits to the congressional intelligence committees the National Intelligence Estimate under subsection (c), the Director shall make publicly available on the internet website of the Director an unclassified version of the key findings of the National Intelligence Estimate. ( b) Matters.--The report under subsection (a) shall include the following: (1) A detailed description of the collection posture of the intelligence community with respect to Afghanistan, including with respect to the following: (A) The countering of terrorism threats that are directed at the United States homeland or United States entities abroad. ( ( B) Any change in the collection posture of the intelligence community with respect to the nuclear activities of such countries as a result of the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021. ( ( d) Biannual Updates.--On a biannual basis during the 5-year period following the date of the submission of the report under subsection (a), the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined relevant by the Director, shall submit to the congressional intelligence committees an update to such report. (

To direct the Director of National Intelligence to produce a National Intelligence Estimate on the situation in Afghanistan, and for other purposes. 3) The political composition and sustainability of the governing body of Afghanistan, including an assessment of the ability of the United States Government to influence the policies of such governing body on the following: (A) Counterterrorism. ( 1101 note) and other Afghans who, during the period beginning in 2001, assisted efforts of the United States in Afghanistan or the covered region. ( c) Submission to Congress.-- (1) Submission.--Not later than one year after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees the National Intelligence Estimate produced under subsection (a), including all intelligence reporting underlying the Estimate. ( (2) Covered region.--The term ``covered region'' includes the following countries: (A) China. ( b) Matters.--The report under subsection (a) shall include the following: (1) A detailed description of the collection posture of the intelligence community with respect to Afghanistan, including with respect to the following: (A) The countering of terrorism threats that are directed at the United States homeland or United States entities abroad. ( (3) An assessment of the effect of publicly documenting abuses engaged in by the Taliban, and a description of the efforts of the intelligence community to support other departments and agencies in the Federal Government with respect to the collection and documentation of such abuses. ( 5) An assessment of any financial contributions to the Taliban from foreign countries (particularly from China, Iran, Russia, and any other foreign country in the Arab Gulf region (or elsewhere) determined relevant by the Director, respectively) made during the year preceding the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021. ( (B) The Gulf Cooperation Council countries, including Qatar, Saudi Arabia, the United Arab Emirates. ( 3) United states entity.--The term ``United States entity'' means a citizen of the United States, an embassy or consulate of the United States, or an installation, facility, or personnel of the United States Government.

To direct the Director of National Intelligence to produce a National Intelligence Estimate on the situation in Afghanistan, and for other purposes. D) The treatment and safe transit of Afghans holding special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) and other Afghans who, during the period beginning in 2001, assisted efforts of the United States in Afghanistan or the covered region. ( (d) Public Version.--Consistent with the protection of intelligence sources and methods, at the same time as the Director submits to the congressional intelligence committees the National Intelligence Estimate under subsection (c), the Director shall make publicly available on the internet website of the Director an unclassified version of the key findings of the National Intelligence Estimate. ( b) Matters.--The report under subsection (a) shall include the following: (1) A detailed description of the collection posture of the intelligence community with respect to Afghanistan, including with respect to the following: (A) The countering of terrorism threats that are directed at the United States homeland or United States entities abroad. ( ( B) Any change in the collection posture of the intelligence community with respect to the nuclear activities of such countries as a result of the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021. ( ( d) Biannual Updates.--On a biannual basis during the 5-year period following the date of the submission of the report under subsection (a), the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined relevant by the Director, shall submit to the congressional intelligence committees an update to such report. (

Afghanistan Security Through Intelligence Act - Directs the Director of National Intelligence, acting through the National Intelligence Council, to produce a National Intelligence Estimate on the situation in Afghanistan and the covered region. Requires the Estimate to include an assessment of: (1) the presence in Afghanistan of China, Iran, Pakistan, Russia, and any other foreign country determined relevant by the Director; Directs the Director of National Intelligence (DNI) to submit to the congressional intelligence committees an update to such report every five years, including an assessment of: (1) intelligence and information sharing with countries in the covered region; (2) the collection posture of the intelligence community with respect to the presence of such countries in Afghanistan; (3) the effect of publicly documenting abuses by

S.5344

Commerce

Solving the Unnecessary Contracting Cliff for Enterprises to Scale Successfully Act or the SUCCESS Act This bill establishes a pilot program that permits certain commercial construction and engineering services enterprises to maintain eligibility for certain small business contracts during a transitional period after they otherwise exceed the applicable small business size standards for such contracts.

To establish a pilot program for transitioning small businesses in the construction or engineering industries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Solving the Unnecessary Contracting Cliff for Enterprises to Scale Successfully Act'' or the ``SUCCESS Act''. SEC. 2. PILOT PROGRAM FOR TRANSITIONING SMALL BUSINESSES IN THE CONSTRUCTION OR ENGINEERING INDUSTRIES. The Small Business Act (15 U.S.C. 631 et seq.) is amended by inserting after section 32 the following: ``SEC. 33. PILOT PROGRAM FOR TRANSITIONING SMALL BUSINESSES IN THE CONSTRUCTION OR ENGINEERING INDUSTRIES. ``(a) Definitions.--In this section: ``(1) Eligible concern.--The term `eligible concern' means a concern that has grown to exceed the size standard applicable to the North American Industry Classification System code corresponding to-- ``(A) commercial and institutional building construction; or ``(B) engineering services. ``(2) Participant.--The term `Participant' means an eligible concern that-- ``(A) meets the criteria described in subsection (d); and ``(B) participates in the Program. ``(3) Program.--The term `Program' means the pilot program for transitioning small businesses established under paragraph (b). ``(b) Establishment.--Not later than 1 year after the date of enactment of this section, the Administrator shall promulgate regulations establishing a pilot program to foster the continued success of eligible concerns by permitting those concerns to qualify as small for certain contracts during a transitional period. ``(c) Purpose.--The purpose of the Program is to assist eligible concerns in their transition from small business concerns to other- than-small and thereby increase competition in the unrestricted Federal marketplace. ``(d) Criteria for Participation.-- ``(1) Election.--An eligible concern may make a one-time election, which shall not be changed, to participate, with respect to the primary activity of the eligible concern, under-- ``(A) the North American Industry Classification System Code corresponding to commercial and institutional building construction; or ``(B) the North American Industry Classification System Code corresponding to engineering services. ``(2) Registration.--An eligible concern shall-- ``(A) register as a Participant with the System for Award Management (or any successor system) on the date on which the eligible concern makes the election under paragraph (1) in the registry described in subsection (h); and ``(B) ensure that the registration of the eligible concern is current and accurate. ``(3) Term of the transitional period.-- ``(A) In general.--Except as provided in subparagraph (B), the transitional period, during which an eligible concern may be eligible to participate in the Program, shall-- ``(i) begin on the date which the eligible concern first exceeds the size standard applicable to the North American Industry Classification System code corresponding to the industry elected by the concern pursuant to paragraph (1); and ``(ii) not exceed 7 consecutive years. ``(B) Exception.--An eligible concern first exceeding the size standard described in subparagraph (A)(i) within the 7-year period immediately preceding the effective date of regulations issued under subsection (b) shall be eligible to participate in the Program for the remainder of the 7-year period beginning on the date which the concern first exceeded the size standard. ``(4) Activity targets.--The regulations described in subsection (b) shall establish non-small business set aside business activity targets that-- ``(A) are applicable to Participants during the third year and each succeeding year of Program participation; and ``(B) during the period of time described in subparagraph (A), shall reflect a reasonably consistent increase in sales other than obtained through contracts set aside for small business concerns, expressed as a percentage of total sales. ``(5) Cap on average annual receipts.--Each Participant shall be subject to a cap on average annual receipts that is 5 times the size standard applicable to the North American Industry Classification System code corresponding to the industry elected by the concern, calculated consistent with the method in 121.104 of title 13, Code of Federal Regulations, or any successor regulation. ``(6) Certification.-- ``(A) In general.--Each Participant shall be required to annually certify in the System for Award Management (or any successor system) as to whether or not the Participant has-- ``(i) met the activity target established under paragraph (4) for the preceding year; and ``(ii) complied with the restrictions described in subsection (e). ``(B) Noncompliance.--If a Participant certifies that the Participant has not met the applicable activity targets established under paragraph (4) for 2 consecutive years, or certifies that the Participant has not complied with the restrictions described in subsection (e), the Participant shall no longer be eligible to participate in the Program. ``(7) Participant report.--The regulations issued under subsection (b) shall establish-- ``(A) requirements for annual reporting by Participants to the Administrator during Program participation, to include reporting on compliance with activity targets established under paragraph (4), the number and dollar value of contracts awarded based on eligibility under subsection (f)(1), and information required for the registry under subsection (h); and ``(B) reporting requirements applicable for a period of not less than 5 years after exiting the Program. ``(8) No reinstatement.--Upon the expiration of the transitional period, or once a Participant otherwise becomes ineligible for the Program, the concern shall not be eligible for reinstatement in the Program. ``(e) Restrictions.-- ``(1) Mentor-protege.-- ``(A) In general.--A Participant may not apply to be a protege under a mentor-protege program established under this Act. ``(B) Existing proteges.--A Participant that is already a protege prior to registration under the Program under subsection (d)(2) may, in years 1 and 2 of the transitional period of the Program, continue to submit proposals in a mentor-protege program established under this Act. ``(2) Additional restrictions.--In addition to the restrictions described in paragraph (1), the Administrator may include additional restrictions for Participants consistent with the purposes of this Act. ``(f) Purposes for Which Participants May Qualify as Small.-- Subject to the restrictions in paragraph (e), a Participant may otherwise qualify as small for purposes of the following: ``(1) Contracts that are set aside for small business concerns and assigned a North American Industry Classification System code corresponding to the industry elected by the Participant under subsection (d)(1) and-- ``(A) the Government of the United States expects to be equal to or exceed-- ``(i) for commercial and institutional building construction, $5,000,000; and ``(ii) for engineering services, $1,000,000; and ``(B) any orders under such contracts irrespective of the value of the order. ``(2) Goals established pursuant to section 15(g) for participation by small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. ``(g) Termination.-- ``(1) In general.--The Program shall terminate on the date that is 10 years after the date of enactment of this section. ``(2) Continuation of participation.--Notwithstanding paragraph (1), any Participant in the program as of the date on which the Program terminates under paragraph (1) may continue to participate until the expiration of the term of the Participant under subsection (d)(3). ``(h) Publication of Registry Required.--The Administrator shall establish and maintain in the System for Award Management (or any successor system) a registry of eligible Participants, which registry shall, to the extent practicable-- ``(1) include the name, address, transitional period entry and exit dates, and elected North American Industry Classification System code with respect to each Participant; and ``(2) be updated by the Administrator not less than annually. ``(i) Additional Information To Be Maintained.--The Administrator shall maintain data regarding-- ``(1) the number of Participants in the Program; ``(2) the number of former Participants that have exited the Program; ``(3) the number of former Participants that have successfully transitioned to other-than-small, under such criteria as the Administrator may establish; ``(4) the number of former Participants that have returned to being small under North American Industry Classification System code elected by the Participant under subsection (d)(1); and ``(5) the total dollar value of small business awards made each fiscal year to Participants by each Federal agency. ``(j) GAO Study and Report.-- ``(1) Study.--Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall begin conducting a study to evaluate the implementation of the Program. ``(2) Report.--Not later than 8 years after the date of enactment of this section, the Comptroller General of the United States shall submit to Congress a report on the results of the study required under paragraph (1), which shall include-- ``(A) an assessment of the feasibility and advisability of broadening the Program to include additional industries, as defined under the North American Industry Classification System; ``(B) the effects of the Program, if any, on Participants and on the industrial base; ``(C) any recommendations for improving the Program, including whether the Program should be made permanent; and ``(D) any additional findings and recommendations as the Comptroller General of the United States considers appropriate.''. <all>

SUCCESS Act

A bill to establish a pilot program for transitioning small businesses in the construction or engineering industries, and for other purposes.

SUCCESS Act Solving the Unnecessary Contracting Cliff for Enterprises to Scale Successfully Act

Sen. Young, Todd

R

IN

This bill establishes a pilot program that permits certain commercial construction and engineering services enterprises to maintain eligibility for certain small business contracts during a transitional period after they otherwise exceed the applicable small business size standards for such contracts.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Solving the Unnecessary Contracting Cliff for Enterprises to Scale Successfully Act'' or the ``SUCCESS Act''. SEC. The Small Business Act (15 U.S.C. 631 et seq.) 33. PILOT PROGRAM FOR TRANSITIONING SMALL BUSINESSES IN THE CONSTRUCTION OR ENGINEERING INDUSTRIES. ``(2) Participant.--The term `Participant' means an eligible concern that-- ``(A) meets the criteria described in subsection (d); and ``(B) participates in the Program. ``(d) Criteria for Participation.-- ``(1) Election.--An eligible concern may make a one-time election, which shall not be changed, to participate, with respect to the primary activity of the eligible concern, under-- ``(A) the North American Industry Classification System Code corresponding to commercial and institutional building construction; or ``(B) the North American Industry Classification System Code corresponding to engineering services. ``(B) Exception.--An eligible concern first exceeding the size standard described in subparagraph (A)(i) within the 7-year period immediately preceding the effective date of regulations issued under subsection (b) shall be eligible to participate in the Program for the remainder of the 7-year period beginning on the date which the concern first exceeded the size standard. ``(6) Certification.-- ``(A) In general.--Each Participant shall be required to annually certify in the System for Award Management (or any successor system) as to whether or not the Participant has-- ``(i) met the activity target established under paragraph (4) for the preceding year; and ``(ii) complied with the restrictions described in subsection (e). ``(7) Participant report.--The regulations issued under subsection (b) shall establish-- ``(A) requirements for annual reporting by Participants to the Administrator during Program participation, to include reporting on compliance with activity targets established under paragraph (4), the number and dollar value of contracts awarded based on eligibility under subsection (f)(1), and information required for the registry under subsection (h); and ``(B) reporting requirements applicable for a period of not less than 5 years after exiting the Program. ``(8) No reinstatement.--Upon the expiration of the transitional period, or once a Participant otherwise becomes ineligible for the Program, the concern shall not be eligible for reinstatement in the Program. ``(e) Restrictions.-- ``(1) Mentor-protege.-- ``(A) In general.--A Participant may not apply to be a protege under a mentor-protege program established under this Act. ``(2) Additional restrictions.--In addition to the restrictions described in paragraph (1), the Administrator may include additional restrictions for Participants consistent with the purposes of this Act. ``(g) Termination.-- ``(1) In general.--The Program shall terminate on the date that is 10 years after the date of enactment of this section. ``(j) GAO Study and Report.-- ``(1) Study.--Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall begin conducting a study to evaluate the implementation of the Program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. PILOT PROGRAM FOR TRANSITIONING SMALL BUSINESSES IN THE CONSTRUCTION OR ENGINEERING INDUSTRIES. ``(2) Participant.--The term `Participant' means an eligible concern that-- ``(A) meets the criteria described in subsection (d); and ``(B) participates in the Program. ``(d) Criteria for Participation.-- ``(1) Election.--An eligible concern may make a one-time election, which shall not be changed, to participate, with respect to the primary activity of the eligible concern, under-- ``(A) the North American Industry Classification System Code corresponding to commercial and institutional building construction; or ``(B) the North American Industry Classification System Code corresponding to engineering services. ``(7) Participant report.--The regulations issued under subsection (b) shall establish-- ``(A) requirements for annual reporting by Participants to the Administrator during Program participation, to include reporting on compliance with activity targets established under paragraph (4), the number and dollar value of contracts awarded based on eligibility under subsection (f)(1), and information required for the registry under subsection (h); and ``(B) reporting requirements applicable for a period of not less than 5 years after exiting the Program. ``(8) No reinstatement.--Upon the expiration of the transitional period, or once a Participant otherwise becomes ineligible for the Program, the concern shall not be eligible for reinstatement in the Program. ``(e) Restrictions.-- ``(1) Mentor-protege.-- ``(A) In general.--A Participant may not apply to be a protege under a mentor-protege program established under this Act. ``(2) Additional restrictions.--In addition to the restrictions described in paragraph (1), the Administrator may include additional restrictions for Participants consistent with the purposes of this Act. ``(g) Termination.-- ``(1) In general.--The Program shall terminate on the date that is 10 years after the date of enactment of this section. ``(j) GAO Study and Report.-- ``(1) Study.--Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall begin conducting a study to evaluate the implementation of the Program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Solving the Unnecessary Contracting Cliff for Enterprises to Scale Successfully Act'' or the ``SUCCESS Act''. SEC. The Small Business Act (15 U.S.C. 631 et seq.) is amended by inserting after section 32 the following: ``SEC. 33. PILOT PROGRAM FOR TRANSITIONING SMALL BUSINESSES IN THE CONSTRUCTION OR ENGINEERING INDUSTRIES. ``(2) Participant.--The term `Participant' means an eligible concern that-- ``(A) meets the criteria described in subsection (d); and ``(B) participates in the Program. ``(c) Purpose.--The purpose of the Program is to assist eligible concerns in their transition from small business concerns to other- than-small and thereby increase competition in the unrestricted Federal marketplace. ``(d) Criteria for Participation.-- ``(1) Election.--An eligible concern may make a one-time election, which shall not be changed, to participate, with respect to the primary activity of the eligible concern, under-- ``(A) the North American Industry Classification System Code corresponding to commercial and institutional building construction; or ``(B) the North American Industry Classification System Code corresponding to engineering services. ``(B) Exception.--An eligible concern first exceeding the size standard described in subparagraph (A)(i) within the 7-year period immediately preceding the effective date of regulations issued under subsection (b) shall be eligible to participate in the Program for the remainder of the 7-year period beginning on the date which the concern first exceeded the size standard. ``(6) Certification.-- ``(A) In general.--Each Participant shall be required to annually certify in the System for Award Management (or any successor system) as to whether or not the Participant has-- ``(i) met the activity target established under paragraph (4) for the preceding year; and ``(ii) complied with the restrictions described in subsection (e). ``(7) Participant report.--The regulations issued under subsection (b) shall establish-- ``(A) requirements for annual reporting by Participants to the Administrator during Program participation, to include reporting on compliance with activity targets established under paragraph (4), the number and dollar value of contracts awarded based on eligibility under subsection (f)(1), and information required for the registry under subsection (h); and ``(B) reporting requirements applicable for a period of not less than 5 years after exiting the Program. ``(8) No reinstatement.--Upon the expiration of the transitional period, or once a Participant otherwise becomes ineligible for the Program, the concern shall not be eligible for reinstatement in the Program. ``(e) Restrictions.-- ``(1) Mentor-protege.-- ``(A) In general.--A Participant may not apply to be a protege under a mentor-protege program established under this Act. ``(2) Additional restrictions.--In addition to the restrictions described in paragraph (1), the Administrator may include additional restrictions for Participants consistent with the purposes of this Act. ``(f) Purposes for Which Participants May Qualify as Small.-- Subject to the restrictions in paragraph (e), a Participant may otherwise qualify as small for purposes of the following: ``(1) Contracts that are set aside for small business concerns and assigned a North American Industry Classification System code corresponding to the industry elected by the Participant under subsection (d)(1) and-- ``(A) the Government of the United States expects to be equal to or exceed-- ``(i) for commercial and institutional building construction, $5,000,000; and ``(ii) for engineering services, $1,000,000; and ``(B) any orders under such contracts irrespective of the value of the order. ``(2) Goals established pursuant to section 15(g) for participation by small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. ``(g) Termination.-- ``(1) In general.--The Program shall terminate on the date that is 10 years after the date of enactment of this section. ``(j) GAO Study and Report.-- ``(1) Study.--Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall begin conducting a study to evaluate the implementation of the Program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Solving the Unnecessary Contracting Cliff for Enterprises to Scale Successfully Act'' or the ``SUCCESS Act''. SEC. The Small Business Act (15 U.S.C. 631 et seq.) is amended by inserting after section 32 the following: ``SEC. 33. PILOT PROGRAM FOR TRANSITIONING SMALL BUSINESSES IN THE CONSTRUCTION OR ENGINEERING INDUSTRIES. ``(2) Participant.--The term `Participant' means an eligible concern that-- ``(A) meets the criteria described in subsection (d); and ``(B) participates in the Program. ``(c) Purpose.--The purpose of the Program is to assist eligible concerns in their transition from small business concerns to other- than-small and thereby increase competition in the unrestricted Federal marketplace. ``(d) Criteria for Participation.-- ``(1) Election.--An eligible concern may make a one-time election, which shall not be changed, to participate, with respect to the primary activity of the eligible concern, under-- ``(A) the North American Industry Classification System Code corresponding to commercial and institutional building construction; or ``(B) the North American Industry Classification System Code corresponding to engineering services. ``(B) Exception.--An eligible concern first exceeding the size standard described in subparagraph (A)(i) within the 7-year period immediately preceding the effective date of regulations issued under subsection (b) shall be eligible to participate in the Program for the remainder of the 7-year period beginning on the date which the concern first exceeded the size standard. ``(5) Cap on average annual receipts.--Each Participant shall be subject to a cap on average annual receipts that is 5 times the size standard applicable to the North American Industry Classification System code corresponding to the industry elected by the concern, calculated consistent with the method in 121.104 of title 13, Code of Federal Regulations, or any successor regulation. ``(6) Certification.-- ``(A) In general.--Each Participant shall be required to annually certify in the System for Award Management (or any successor system) as to whether or not the Participant has-- ``(i) met the activity target established under paragraph (4) for the preceding year; and ``(ii) complied with the restrictions described in subsection (e). ``(7) Participant report.--The regulations issued under subsection (b) shall establish-- ``(A) requirements for annual reporting by Participants to the Administrator during Program participation, to include reporting on compliance with activity targets established under paragraph (4), the number and dollar value of contracts awarded based on eligibility under subsection (f)(1), and information required for the registry under subsection (h); and ``(B) reporting requirements applicable for a period of not less than 5 years after exiting the Program. ``(8) No reinstatement.--Upon the expiration of the transitional period, or once a Participant otherwise becomes ineligible for the Program, the concern shall not be eligible for reinstatement in the Program. ``(e) Restrictions.-- ``(1) Mentor-protege.-- ``(A) In general.--A Participant may not apply to be a protege under a mentor-protege program established under this Act. ``(B) Existing proteges.--A Participant that is already a protege prior to registration under the Program under subsection (d)(2) may, in years 1 and 2 of the transitional period of the Program, continue to submit proposals in a mentor-protege program established under this Act. ``(2) Additional restrictions.--In addition to the restrictions described in paragraph (1), the Administrator may include additional restrictions for Participants consistent with the purposes of this Act. ``(f) Purposes for Which Participants May Qualify as Small.-- Subject to the restrictions in paragraph (e), a Participant may otherwise qualify as small for purposes of the following: ``(1) Contracts that are set aside for small business concerns and assigned a North American Industry Classification System code corresponding to the industry elected by the Participant under subsection (d)(1) and-- ``(A) the Government of the United States expects to be equal to or exceed-- ``(i) for commercial and institutional building construction, $5,000,000; and ``(ii) for engineering services, $1,000,000; and ``(B) any orders under such contracts irrespective of the value of the order. ``(2) Goals established pursuant to section 15(g) for participation by small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. ``(g) Termination.-- ``(1) In general.--The Program shall terminate on the date that is 10 years after the date of enactment of this section. ``(i) Additional Information To Be Maintained.--The Administrator shall maintain data regarding-- ``(1) the number of Participants in the Program; ``(2) the number of former Participants that have exited the Program; ``(3) the number of former Participants that have successfully transitioned to other-than-small, under such criteria as the Administrator may establish; ``(4) the number of former Participants that have returned to being small under North American Industry Classification System code elected by the Participant under subsection (d)(1); and ``(5) the total dollar value of small business awards made each fiscal year to Participants by each Federal agency. ``(j) GAO Study and Report.-- ``(1) Study.--Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall begin conducting a study to evaluate the implementation of the Program.

To establish a pilot program for transitioning small businesses in the construction or engineering industries, and for other purposes. PILOT PROGRAM FOR TRANSITIONING SMALL BUSINESSES IN THE CONSTRUCTION OR ENGINEERING INDUSTRIES. ``(2) Participant.--The term `Participant' means an eligible concern that-- ``(A) meets the criteria described in subsection (d); and ``(B) participates in the Program. ``(c) Purpose.--The purpose of the Program is to assist eligible concerns in their transition from small business concerns to other- than-small and thereby increase competition in the unrestricted Federal marketplace. ``(3) Term of the transitional period.-- ``(A) In general.--Except as provided in subparagraph (B), the transitional period, during which an eligible concern may be eligible to participate in the Program, shall-- ``(i) begin on the date which the eligible concern first exceeds the size standard applicable to the North American Industry Classification System code corresponding to the industry elected by the concern pursuant to paragraph (1); and ``(ii) not exceed 7 consecutive years. ``(B) Exception.--An eligible concern first exceeding the size standard described in subparagraph (A)(i) within the 7-year period immediately preceding the effective date of regulations issued under subsection (b) shall be eligible to participate in the Program for the remainder of the 7-year period beginning on the date which the concern first exceeded the size standard. ``(6) Certification.-- ``(A) In general.--Each Participant shall be required to annually certify in the System for Award Management (or any successor system) as to whether or not the Participant has-- ``(i) met the activity target established under paragraph (4) for the preceding year; and ``(ii) complied with the restrictions described in subsection (e). ``(B) Noncompliance.--If a Participant certifies that the Participant has not met the applicable activity targets established under paragraph (4) for 2 consecutive years, or certifies that the Participant has not complied with the restrictions described in subsection (e), the Participant shall no longer be eligible to participate in the Program. ``(B) Existing proteges.--A Participant that is already a protege prior to registration under the Program under subsection (d)(2) may, in years 1 and 2 of the transitional period of the Program, continue to submit proposals in a mentor-protege program established under this Act. ``(2) Additional restrictions.--In addition to the restrictions described in paragraph (1), the Administrator may include additional restrictions for Participants consistent with the purposes of this Act. ``(2) Continuation of participation.--Notwithstanding paragraph (1), any Participant in the program as of the date on which the Program terminates under paragraph (1) may continue to participate until the expiration of the term of the Participant under subsection (d)(3). ``(h) Publication of Registry Required.--The Administrator shall establish and maintain in the System for Award Management (or any successor system) a registry of eligible Participants, which registry shall, to the extent practicable-- ``(1) include the name, address, transitional period entry and exit dates, and elected North American Industry Classification System code with respect to each Participant; and ``(2) be updated by the Administrator not less than annually. ``(j) GAO Study and Report.-- ``(1) Study.--Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall begin conducting a study to evaluate the implementation of the Program.

To establish a pilot program for transitioning small businesses in the construction or engineering industries, and for other purposes. PILOT PROGRAM FOR TRANSITIONING SMALL BUSINESSES IN THE CONSTRUCTION OR ENGINEERING INDUSTRIES. ``(d) Criteria for Participation.-- ``(1) Election.--An eligible concern may make a one-time election, which shall not be changed, to participate, with respect to the primary activity of the eligible concern, under-- ``(A) the North American Industry Classification System Code corresponding to commercial and institutional building construction; or ``(B) the North American Industry Classification System Code corresponding to engineering services. ``(2) Registration.--An eligible concern shall-- ``(A) register as a Participant with the System for Award Management (or any successor system) on the date on which the eligible concern makes the election under paragraph (1) in the registry described in subsection (h); and ``(B) ensure that the registration of the eligible concern is current and accurate. ``(3) Term of the transitional period.-- ``(A) In general.--Except as provided in subparagraph (B), the transitional period, during which an eligible concern may be eligible to participate in the Program, shall-- ``(i) begin on the date which the eligible concern first exceeds the size standard applicable to the North American Industry Classification System code corresponding to the industry elected by the concern pursuant to paragraph (1); and ``(ii) not exceed 7 consecutive years. ``(6) Certification.-- ``(A) In general.--Each Participant shall be required to annually certify in the System for Award Management (or any successor system) as to whether or not the Participant has-- ``(i) met the activity target established under paragraph (4) for the preceding year; and ``(ii) complied with the restrictions described in subsection (e). ``(7) Participant report.--The regulations issued under subsection (b) shall establish-- ``(A) requirements for annual reporting by Participants to the Administrator during Program participation, to include reporting on compliance with activity targets established under paragraph (4), the number and dollar value of contracts awarded based on eligibility under subsection (f)(1), and information required for the registry under subsection (h); and ``(B) reporting requirements applicable for a period of not less than 5 years after exiting the Program. ``(2) Goals established pursuant to section 15(g) for participation by small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. ``(2) Continuation of participation.--Notwithstanding paragraph (1), any Participant in the program as of the date on which the Program terminates under paragraph (1) may continue to participate until the expiration of the term of the Participant under subsection (d)(3). ``(j) GAO Study and Report.-- ``(1) Study.--Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall begin conducting a study to evaluate the implementation of the Program.

To establish a pilot program for transitioning small businesses in the construction or engineering industries, and for other purposes. PILOT PROGRAM FOR TRANSITIONING SMALL BUSINESSES IN THE CONSTRUCTION OR ENGINEERING INDUSTRIES. ``(d) Criteria for Participation.-- ``(1) Election.--An eligible concern may make a one-time election, which shall not be changed, to participate, with respect to the primary activity of the eligible concern, under-- ``(A) the North American Industry Classification System Code corresponding to commercial and institutional building construction; or ``(B) the North American Industry Classification System Code corresponding to engineering services. ``(2) Registration.--An eligible concern shall-- ``(A) register as a Participant with the System for Award Management (or any successor system) on the date on which the eligible concern makes the election under paragraph (1) in the registry described in subsection (h); and ``(B) ensure that the registration of the eligible concern is current and accurate. ``(3) Term of the transitional period.-- ``(A) In general.--Except as provided in subparagraph (B), the transitional period, during which an eligible concern may be eligible to participate in the Program, shall-- ``(i) begin on the date which the eligible concern first exceeds the size standard applicable to the North American Industry Classification System code corresponding to the industry elected by the concern pursuant to paragraph (1); and ``(ii) not exceed 7 consecutive years. ``(6) Certification.-- ``(A) In general.--Each Participant shall be required to annually certify in the System for Award Management (or any successor system) as to whether or not the Participant has-- ``(i) met the activity target established under paragraph (4) for the preceding year; and ``(ii) complied with the restrictions described in subsection (e). ``(7) Participant report.--The regulations issued under subsection (b) shall establish-- ``(A) requirements for annual reporting by Participants to the Administrator during Program participation, to include reporting on compliance with activity targets established under paragraph (4), the number and dollar value of contracts awarded based on eligibility under subsection (f)(1), and information required for the registry under subsection (h); and ``(B) reporting requirements applicable for a period of not less than 5 years after exiting the Program. ``(2) Goals established pursuant to section 15(g) for participation by small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. ``(2) Continuation of participation.--Notwithstanding paragraph (1), any Participant in the program as of the date on which the Program terminates under paragraph (1) may continue to participate until the expiration of the term of the Participant under subsection (d)(3). ``(j) GAO Study and Report.-- ``(1) Study.--Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall begin conducting a study to evaluate the implementation of the Program.

To establish a pilot program for transitioning small businesses in the construction or engineering industries, and for other purposes. PILOT PROGRAM FOR TRANSITIONING SMALL BUSINESSES IN THE CONSTRUCTION OR ENGINEERING INDUSTRIES. ``(2) Participant.--The term `Participant' means an eligible concern that-- ``(A) meets the criteria described in subsection (d); and ``(B) participates in the Program. ``(c) Purpose.--The purpose of the Program is to assist eligible concerns in their transition from small business concerns to other- than-small and thereby increase competition in the unrestricted Federal marketplace. ``(3) Term of the transitional period.-- ``(A) In general.--Except as provided in subparagraph (B), the transitional period, during which an eligible concern may be eligible to participate in the Program, shall-- ``(i) begin on the date which the eligible concern first exceeds the size standard applicable to the North American Industry Classification System code corresponding to the industry elected by the concern pursuant to paragraph (1); and ``(ii) not exceed 7 consecutive years. ``(B) Exception.--An eligible concern first exceeding the size standard described in subparagraph (A)(i) within the 7-year period immediately preceding the effective date of regulations issued under subsection (b) shall be eligible to participate in the Program for the remainder of the 7-year period beginning on the date which the concern first exceeded the size standard. ``(6) Certification.-- ``(A) In general.--Each Participant shall be required to annually certify in the System for Award Management (or any successor system) as to whether or not the Participant has-- ``(i) met the activity target established under paragraph (4) for the preceding year; and ``(ii) complied with the restrictions described in subsection (e). ``(B) Noncompliance.--If a Participant certifies that the Participant has not met the applicable activity targets established under paragraph (4) for 2 consecutive years, or certifies that the Participant has not complied with the restrictions described in subsection (e), the Participant shall no longer be eligible to participate in the Program. ``(B) Existing proteges.--A Participant that is already a protege prior to registration under the Program under subsection (d)(2) may, in years 1 and 2 of the transitional period of the Program, continue to submit proposals in a mentor-protege program established under this Act. ``(2) Additional restrictions.--In addition to the restrictions described in paragraph (1), the Administrator may include additional restrictions for Participants consistent with the purposes of this Act. ``(2) Continuation of participation.--Notwithstanding paragraph (1), any Participant in the program as of the date on which the Program terminates under paragraph (1) may continue to participate until the expiration of the term of the Participant under subsection (d)(3). ``(h) Publication of Registry Required.--The Administrator shall establish and maintain in the System for Award Management (or any successor system) a registry of eligible Participants, which registry shall, to the extent practicable-- ``(1) include the name, address, transitional period entry and exit dates, and elected North American Industry Classification System code with respect to each Participant; and ``(2) be updated by the Administrator not less than annually. ``(j) GAO Study and Report.-- ``(1) Study.--Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall begin conducting a study to evaluate the implementation of the Program.

To establish a pilot program for transitioning small businesses in the construction or engineering industries, and for other purposes. PILOT PROGRAM FOR TRANSITIONING SMALL BUSINESSES IN THE CONSTRUCTION OR ENGINEERING INDUSTRIES. ``(d) Criteria for Participation.-- ``(1) Election.--An eligible concern may make a one-time election, which shall not be changed, to participate, with respect to the primary activity of the eligible concern, under-- ``(A) the North American Industry Classification System Code corresponding to commercial and institutional building construction; or ``(B) the North American Industry Classification System Code corresponding to engineering services. ``(2) Registration.--An eligible concern shall-- ``(A) register as a Participant with the System for Award Management (or any successor system) on the date on which the eligible concern makes the election under paragraph (1) in the registry described in subsection (h); and ``(B) ensure that the registration of the eligible concern is current and accurate. ``(3) Term of the transitional period.-- ``(A) In general.--Except as provided in subparagraph (B), the transitional period, during which an eligible concern may be eligible to participate in the Program, shall-- ``(i) begin on the date which the eligible concern first exceeds the size standard applicable to the North American Industry Classification System code corresponding to the industry elected by the concern pursuant to paragraph (1); and ``(ii) not exceed 7 consecutive years. ``(6) Certification.-- ``(A) In general.--Each Participant shall be required to annually certify in the System for Award Management (or any successor system) as to whether or not the Participant has-- ``(i) met the activity target established under paragraph (4) for the preceding year; and ``(ii) complied with the restrictions described in subsection (e). ``(7) Participant report.--The regulations issued under subsection (b) shall establish-- ``(A) requirements for annual reporting by Participants to the Administrator during Program participation, to include reporting on compliance with activity targets established under paragraph (4), the number and dollar value of contracts awarded based on eligibility under subsection (f)(1), and information required for the registry under subsection (h); and ``(B) reporting requirements applicable for a period of not less than 5 years after exiting the Program. ``(2) Goals established pursuant to section 15(g) for participation by small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. ``(2) Continuation of participation.--Notwithstanding paragraph (1), any Participant in the program as of the date on which the Program terminates under paragraph (1) may continue to participate until the expiration of the term of the Participant under subsection (d)(3). ``(j) GAO Study and Report.-- ``(1) Study.--Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall begin conducting a study to evaluate the implementation of the Program.

To establish a pilot program for transitioning small businesses in the construction or engineering industries, and for other purposes. PILOT PROGRAM FOR TRANSITIONING SMALL BUSINESSES IN THE CONSTRUCTION OR ENGINEERING INDUSTRIES. ``(2) Participant.--The term `Participant' means an eligible concern that-- ``(A) meets the criteria described in subsection (d); and ``(B) participates in the Program. ``(c) Purpose.--The purpose of the Program is to assist eligible concerns in their transition from small business concerns to other- than-small and thereby increase competition in the unrestricted Federal marketplace. ``(3) Term of the transitional period.-- ``(A) In general.--Except as provided in subparagraph (B), the transitional period, during which an eligible concern may be eligible to participate in the Program, shall-- ``(i) begin on the date which the eligible concern first exceeds the size standard applicable to the North American Industry Classification System code corresponding to the industry elected by the concern pursuant to paragraph (1); and ``(ii) not exceed 7 consecutive years. ``(B) Exception.--An eligible concern first exceeding the size standard described in subparagraph (A)(i) within the 7-year period immediately preceding the effective date of regulations issued under subsection (b) shall be eligible to participate in the Program for the remainder of the 7-year period beginning on the date which the concern first exceeded the size standard. ``(6) Certification.-- ``(A) In general.--Each Participant shall be required to annually certify in the System for Award Management (or any successor system) as to whether or not the Participant has-- ``(i) met the activity target established under paragraph (4) for the preceding year; and ``(ii) complied with the restrictions described in subsection (e). ``(B) Noncompliance.--If a Participant certifies that the Participant has not met the applicable activity targets established under paragraph (4) for 2 consecutive years, or certifies that the Participant has not complied with the restrictions described in subsection (e), the Participant shall no longer be eligible to participate in the Program. ``(B) Existing proteges.--A Participant that is already a protege prior to registration under the Program under subsection (d)(2) may, in years 1 and 2 of the transitional period of the Program, continue to submit proposals in a mentor-protege program established under this Act. ``(2) Additional restrictions.--In addition to the restrictions described in paragraph (1), the Administrator may include additional restrictions for Participants consistent with the purposes of this Act. ``(2) Continuation of participation.--Notwithstanding paragraph (1), any Participant in the program as of the date on which the Program terminates under paragraph (1) may continue to participate until the expiration of the term of the Participant under subsection (d)(3). ``(h) Publication of Registry Required.--The Administrator shall establish and maintain in the System for Award Management (or any successor system) a registry of eligible Participants, which registry shall, to the extent practicable-- ``(1) include the name, address, transitional period entry and exit dates, and elected North American Industry Classification System code with respect to each Participant; and ``(2) be updated by the Administrator not less than annually. ``(j) GAO Study and Report.-- ``(1) Study.--Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall begin conducting a study to evaluate the implementation of the Program.

To establish a pilot program for transitioning small businesses in the construction or engineering industries, and for other purposes. PILOT PROGRAM FOR TRANSITIONING SMALL BUSINESSES IN THE CONSTRUCTION OR ENGINEERING INDUSTRIES. ``(d) Criteria for Participation.-- ``(1) Election.--An eligible concern may make a one-time election, which shall not be changed, to participate, with respect to the primary activity of the eligible concern, under-- ``(A) the North American Industry Classification System Code corresponding to commercial and institutional building construction; or ``(B) the North American Industry Classification System Code corresponding to engineering services. ``(2) Registration.--An eligible concern shall-- ``(A) register as a Participant with the System for Award Management (or any successor system) on the date on which the eligible concern makes the election under paragraph (1) in the registry described in subsection (h); and ``(B) ensure that the registration of the eligible concern is current and accurate. ``(3) Term of the transitional period.-- ``(A) In general.--Except as provided in subparagraph (B), the transitional period, during which an eligible concern may be eligible to participate in the Program, shall-- ``(i) begin on the date which the eligible concern first exceeds the size standard applicable to the North American Industry Classification System code corresponding to the industry elected by the concern pursuant to paragraph (1); and ``(ii) not exceed 7 consecutive years. ``(6) Certification.-- ``(A) In general.--Each Participant shall be required to annually certify in the System for Award Management (or any successor system) as to whether or not the Participant has-- ``(i) met the activity target established under paragraph (4) for the preceding year; and ``(ii) complied with the restrictions described in subsection (e). ``(7) Participant report.--The regulations issued under subsection (b) shall establish-- ``(A) requirements for annual reporting by Participants to the Administrator during Program participation, to include reporting on compliance with activity targets established under paragraph (4), the number and dollar value of contracts awarded based on eligibility under subsection (f)(1), and information required for the registry under subsection (h); and ``(B) reporting requirements applicable for a period of not less than 5 years after exiting the Program. ``(2) Goals established pursuant to section 15(g) for participation by small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. ``(2) Continuation of participation.--Notwithstanding paragraph (1), any Participant in the program as of the date on which the Program terminates under paragraph (1) may continue to participate until the expiration of the term of the Participant under subsection (d)(3). ``(j) GAO Study and Report.-- ``(1) Study.--Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall begin conducting a study to evaluate the implementation of the Program.

To establish a pilot program for transitioning small businesses in the construction or engineering industries, and for other purposes. ``(2) Participant.--The term `Participant' means an eligible concern that-- ``(A) meets the criteria described in subsection (d); and ``(B) participates in the Program. ``(6) Certification.-- ``(A) In general.--Each Participant shall be required to annually certify in the System for Award Management (or any successor system) as to whether or not the Participant has-- ``(i) met the activity target established under paragraph (4) for the preceding year; and ``(ii) complied with the restrictions described in subsection (e). ``(B) Noncompliance.--If a Participant certifies that the Participant has not met the applicable activity targets established under paragraph (4) for 2 consecutive years, or certifies that the Participant has not complied with the restrictions described in subsection (e), the Participant shall no longer be eligible to participate in the Program. ``(h) Publication of Registry Required.--The Administrator shall establish and maintain in the System for Award Management (or any successor system) a registry of eligible Participants, which registry shall, to the extent practicable-- ``(1) include the name, address, transitional period entry and exit dates, and elected North American Industry Classification System code with respect to each Participant; and ``(2) be updated by the Administrator not less than annually. ``(j) GAO Study and Report.-- ``(1) Study.--Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall begin conducting a study to evaluate the implementation of the Program.

To establish a pilot program for transitioning small businesses in the construction or engineering industries, and for other purposes. ``(6) Certification.-- ``(A) In general.--Each Participant shall be required to annually certify in the System for Award Management (or any successor system) as to whether or not the Participant has-- ``(i) met the activity target established under paragraph (4) for the preceding year; and ``(ii) complied with the restrictions described in subsection (e). ``(2) Goals established pursuant to section 15(g) for participation by small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. ``(2) Continuation of participation.--Notwithstanding paragraph (1), any Participant in the program as of the date on which the Program terminates under paragraph (1) may continue to participate until the expiration of the term of the Participant under subsection (d)(3).

To establish a pilot program for transitioning small businesses in the construction or engineering industries, and for other purposes. ``(2) Participant.--The term `Participant' means an eligible concern that-- ``(A) meets the criteria described in subsection (d); and ``(B) participates in the Program. ``(6) Certification.-- ``(A) In general.--Each Participant shall be required to annually certify in the System for Award Management (or any successor system) as to whether or not the Participant has-- ``(i) met the activity target established under paragraph (4) for the preceding year; and ``(ii) complied with the restrictions described in subsection (e). ``(B) Noncompliance.--If a Participant certifies that the Participant has not met the applicable activity targets established under paragraph (4) for 2 consecutive years, or certifies that the Participant has not complied with the restrictions described in subsection (e), the Participant shall no longer be eligible to participate in the Program. ``(h) Publication of Registry Required.--The Administrator shall establish and maintain in the System for Award Management (or any successor system) a registry of eligible Participants, which registry shall, to the extent practicable-- ``(1) include the name, address, transitional period entry and exit dates, and elected North American Industry Classification System code with respect to each Participant; and ``(2) be updated by the Administrator not less than annually. ``(j) GAO Study and Report.-- ``(1) Study.--Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall begin conducting a study to evaluate the implementation of the Program.

Solving the Unnecessary Contracting Cliff for Enterprises to Scale Successfully Act or the SUCCESS Act - Amends the Small Business Act to direct the Administrator of Small Business Administration (SBA) to promulgate regulations establishing a pilot program to foster the continued success of eligible concerns by permitting those concerns to qualify as small for certain contracts during a seven-year transitional period. Directs the Administrator of the Small Business Administration (SBA) to: (1) establish and maintain in the System for Award Management (or any successor system) a registry of eligible Participants; (2) maintain data regarding the number of Participants in the Program; (3) former Participants that have exited the Program and successfully transitioned to other-than-small; (4) the

H.R.258

Taxation

This bill allows a new tax credit for a taxpayer's employment-related expenses necessary to care for a dependent who has attained age 50. Employment-related expenses include (1) expenses for household services; and (2) expenses for the care of the dependent, including respite care and hospice care. The expenses must be incurred to enable the taxpayer to be gainfully employed for any period for which there are one or more dependents that qualify for the credit. The bill limits the amount of such credit to $3,000 for the care of one dependent and $6,000 for the care of two or more dependents of the taxpayer in a taxable year.

To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 25E. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(2) Applicable percentage defined.--For purposes of paragraph (1), the term `applicable percentage' means 35 percent reduced (but not below 20 percent) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $15,000. ``(b) Definitions of Qualifying Individual and Employment-Related Expenses.--For purposes of this section-- ``(1) Qualifying individual.--The term `qualifying individual' means an individual who-- ``(A) has attained age 50, and ``(B) is one of the following: ``(i) An individual who bears a relationship to the taxpayer described in subparagraph (C) or (D) of section 152(d)(2) (relating to fathers, mothers, and ancestors). ``(ii) An individual would be a dependent of the taxpayer (as defined in section 152, determined without regard to subsections (b)(1) and (b)(2)) as a qualifying relative described in section 152(d)(1) if-- ``(I) in lieu of subparagraphs (B) and (C) thereof the following applied with respect to the individual: ``(aa) the taxpayer has provided over one-half of the individual's support for the calendar year in which such taxable year begins and each of the preceding 4 taxable years, and ``(bb) the individual's modified adjusted gross income for the calendar year in which such taxable year begins is less than the exemption amount (as defined in section 151(d)), ``(II) the individual is physically or mentally incapable of caring for himself or herself, and ``(III) the individual who has the same principal place of abode as the taxpayer for more than one-half of such taxable year. ``(iii) The spouse of the taxpayer who is physically or mentally incapable of caring for himself or herself. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined without regard to section 86. ``(3) Employment-related expenses.-- ``(A) In general.--The term `employment-related expenses' means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are one or more qualifying individuals with respect to the taxpayer: ``(i) expenses for household services, and ``(ii) expenses for the care of a qualifying individual, including expenses for respite care and hospice care. ``(B) Exception.--Employment-related expenses described in subparagraph (A) which are incurred for services outside the taxpayer's household shall be taken into account only if incurred for the care of-- ``(i) a qualifying individual described in paragraph (1)(A), or ``(ii) a qualifying individual (not described in paragraph (1)(A)) who regularly spends at least 8 hours each day in the taxpayer's household. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(D) Dependent care center defined.--For purposes of this paragraph, the term `dependent care center' means any facility which-- ``(i) provides care for more than six individuals (other than individuals who reside at the facility), and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(c) Dollar Limit on Amount Creditable.--The amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) $3,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or ``(2) $6,000 if there are two or more qualifying individuals with respect to the taxpayer for such taxable year. The amount determined under paragraph (1) or (2) (whichever is applicable) shall be reduced by the aggregate amount excludable from gross income under section 129 for the taxable year. ``(d) Earned Income Limitation.--Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(2) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(e) Special Rules.--For purposes of this section-- ``(1) Place of abode.--An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(3) Marital status.--An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(4) Certain married individuals living apart.--If-- ``(A) an individual who is married and who files a separate return-- ``(i) maintains as his home a household which constitutes for more than one-half of the taxable year the principal place of abode of a qualifying individual, and ``(ii) furnishes over half of the cost of maintaining such household during the taxable year, and ``(B) during the last 6 months of such taxable year such individual's spouse is not a member of such household, such individual shall not be considered as married. ``(5) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(6) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(7) Identifying information required with respect to qualifying individuals.--No credit shall be allowed under this section with respect to any qualifying individual unless the TIN of such individual is included on the return claiming the credit. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 25E. Expenses for household and elder care services necessary for gainful employment.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment.

To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment.

Official Titles - House of Representatives Official Title as Introduced To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment.

Rep. Lee, Barbara

D

CA

This bill allows a new tax credit for a taxpayer's employment-related expenses necessary to care for a dependent who has attained age 50. Employment-related expenses include (1) expenses for household services; and (2) expenses for the care of the dependent, including respite care and hospice care. The expenses must be incurred to enable the taxpayer to be gainfully employed for any period for which there are one or more dependents that qualify for the credit. The bill limits the amount of such credit to $3,000 for the care of one dependent and $6,000 for the care of two or more dependents of the taxpayer in a taxable year.

(a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(iii) The spouse of the taxpayer who is physically or mentally incapable of caring for himself or herself. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined without regard to section 86. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(e) Special Rules.--For purposes of this section-- ``(1) Place of abode.--An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law. ``(3) Marital status.--An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(6) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(7) Identifying information required with respect to qualifying individuals.--No credit shall be allowed under this section with respect to any qualifying individual unless the TIN of such individual is included on the return claiming the credit. 25E.

(a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(iii) The spouse of the taxpayer who is physically or mentally incapable of caring for himself or herself. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined without regard to section 86. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(3) Marital status.--An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(7) Identifying information required with respect to qualifying individuals.--No credit shall be allowed under this section with respect to any qualifying individual unless the TIN of such individual is included on the return claiming the credit. 25E.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(2) Applicable percentage defined.--For purposes of paragraph (1), the term `applicable percentage' means 35 percent reduced (but not below 20 percent) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $15,000. ``(iii) The spouse of the taxpayer who is physically or mentally incapable of caring for himself or herself. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined without regard to section 86. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(D) Dependent care center defined.--For purposes of this paragraph, the term `dependent care center' means any facility which-- ``(i) provides care for more than six individuals (other than individuals who reside at the facility), and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(e) Special Rules.--For purposes of this section-- ``(1) Place of abode.--An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law. ``(3) Marital status.--An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(5) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(6) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(7) Identifying information required with respect to qualifying individuals.--No credit shall be allowed under this section with respect to any qualifying individual unless the TIN of such individual is included on the return claiming the credit. 25E. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(2) Applicable percentage defined.--For purposes of paragraph (1), the term `applicable percentage' means 35 percent reduced (but not below 20 percent) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $15,000. ``(iii) The spouse of the taxpayer who is physically or mentally incapable of caring for himself or herself. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined without regard to section 86. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(D) Dependent care center defined.--For purposes of this paragraph, the term `dependent care center' means any facility which-- ``(i) provides care for more than six individuals (other than individuals who reside at the facility), and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(d) Earned Income Limitation.--Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(2) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(e) Special Rules.--For purposes of this section-- ``(1) Place of abode.--An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(3) Marital status.--An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(4) Certain married individuals living apart.--If-- ``(A) an individual who is married and who files a separate return-- ``(i) maintains as his home a household which constitutes for more than one-half of the taxable year the principal place of abode of a qualifying individual, and ``(ii) furnishes over half of the cost of maintaining such household during the taxable year, and ``(B) during the last 6 months of such taxable year such individual's spouse is not a member of such household, such individual shall not be considered as married. ``(5) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(6) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(7) Identifying information required with respect to qualifying individuals.--No credit shall be allowed under this section with respect to any qualifying individual unless the TIN of such individual is included on the return claiming the credit. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. 25E. (c) 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 provide a tax credit for expenses for household and elder care services necessary for gainful employment. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(b) Definitions of Qualifying Individual and Employment-Related Expenses.--For purposes of this section-- ``(1) Qualifying individual.--The term `qualifying individual' means an individual who-- ``(A) has attained age 50, and ``(B) is one of the following: ``(i) An individual who bears a relationship to the taxpayer described in subparagraph (C) or (D) of section 152(d)(2) (relating to fathers, mothers, and ancestors). ``(iii) The spouse of the taxpayer who is physically or mentally incapable of caring for himself or herself. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined without regard to section 86. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(D) Dependent care center defined.--For purposes of this paragraph, the term `dependent care center' means any facility which-- ``(i) provides care for more than six individuals (other than individuals who reside at the facility), and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(c) Dollar Limit on Amount Creditable.--The amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) $3,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or ``(2) $6,000 if there are two or more qualifying individuals with respect to the taxpayer for such taxable year. ``(d) Earned Income Limitation.--Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(2) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(e) Special Rules.--For purposes of this section-- ``(1) Place of abode.--An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law. ``(4) Certain married individuals living apart.--If-- ``(A) an individual who is married and who files a separate return-- ``(i) maintains as his home a household which constitutes for more than one-half of the taxable year the principal place of abode of a qualifying individual, and ``(ii) furnishes over half of the cost of maintaining such household during the taxable year, and ``(B) during the last 6 months of such taxable year such individual's spouse is not a member of such household, such individual shall not be considered as married. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(6) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. ( (c) 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 provide a tax credit for expenses for household and elder care services necessary for gainful employment. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(iii) The spouse of the taxpayer who is physically or mentally incapable of caring for himself or herself. ``(3) Employment-related expenses.-- ``(A) In general.--The term `employment-related expenses' means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are one or more qualifying individuals with respect to the taxpayer: ``(i) expenses for household services, and ``(ii) expenses for the care of a qualifying individual, including expenses for respite care and hospice care. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(d) Earned Income Limitation.--Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(2) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(5) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (

To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(iii) The spouse of the taxpayer who is physically or mentally incapable of caring for himself or herself. ``(3) Employment-related expenses.-- ``(A) In general.--The term `employment-related expenses' means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are one or more qualifying individuals with respect to the taxpayer: ``(i) expenses for household services, and ``(ii) expenses for the care of a qualifying individual, including expenses for respite care and hospice care. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(d) Earned Income Limitation.--Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(2) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(5) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (

To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(b) Definitions of Qualifying Individual and Employment-Related Expenses.--For purposes of this section-- ``(1) Qualifying individual.--The term `qualifying individual' means an individual who-- ``(A) has attained age 50, and ``(B) is one of the following: ``(i) An individual who bears a relationship to the taxpayer described in subparagraph (C) or (D) of section 152(d)(2) (relating to fathers, mothers, and ancestors). ``(iii) The spouse of the taxpayer who is physically or mentally incapable of caring for himself or herself. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined without regard to section 86. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(D) Dependent care center defined.--For purposes of this paragraph, the term `dependent care center' means any facility which-- ``(i) provides care for more than six individuals (other than individuals who reside at the facility), and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(c) Dollar Limit on Amount Creditable.--The amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) $3,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or ``(2) $6,000 if there are two or more qualifying individuals with respect to the taxpayer for such taxable year. ``(d) Earned Income Limitation.--Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(2) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(e) Special Rules.--For purposes of this section-- ``(1) Place of abode.--An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law. ``(4) Certain married individuals living apart.--If-- ``(A) an individual who is married and who files a separate return-- ``(i) maintains as his home a household which constitutes for more than one-half of the taxable year the principal place of abode of a qualifying individual, and ``(ii) furnishes over half of the cost of maintaining such household during the taxable year, and ``(B) during the last 6 months of such taxable year such individual's spouse is not a member of such household, such individual shall not be considered as married. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(6) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. ( (c) 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 provide a tax credit for expenses for household and elder care services necessary for gainful employment. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(iii) The spouse of the taxpayer who is physically or mentally incapable of caring for himself or herself. ``(3) Employment-related expenses.-- ``(A) In general.--The term `employment-related expenses' means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are one or more qualifying individuals with respect to the taxpayer: ``(i) expenses for household services, and ``(ii) expenses for the care of a qualifying individual, including expenses for respite care and hospice care. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(d) Earned Income Limitation.--Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(2) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(5) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (

To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(D) Dependent care center defined.--For purposes of this paragraph, the term `dependent care center' means any facility which-- ``(i) provides care for more than six individuals (other than individuals who reside at the facility), and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(d) Earned Income Limitation.--Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(2) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(e) Special Rules.--For purposes of this section-- ``(1) Place of abode.--An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. ( (

To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(5) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year.

To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(D) Dependent care center defined.--For purposes of this paragraph, the term `dependent care center' means any facility which-- ``(i) provides care for more than six individuals (other than individuals who reside at the facility), and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(d) Earned Income Limitation.--Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(2) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(e) Special Rules.--For purposes of this section-- ``(1) Place of abode.--An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. ( (

To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(5) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year.

To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(d) Earned Income Limitation.--Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(2) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(e) Special Rules.--For purposes of this section-- ``(1) Place of abode.--An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law.

Amends the Internal Revenue Code to provide a tax credit for expenses for household and elder care services necessary for gainful employment. Amends the Internal Revenue Code to: (1) allow a tax credit for expenses for household and elder care services necessary for gainful employment; and (2) allow such credit only if the taxpayer and his or her spouse file a joint tax return. (Currently, such credit is allowed only to taxpayers who are married.) (Sec. 25E) Prohibits such credit for

H.R.9642

Commerce

Solving the Unnecessary Contracting Cliff for Enterprises to Scale Successfully Act or the SUCCESS Act This bill establishes a pilot program that permits certain commercial construction and engineering services enterprises to maintain eligibility for certain small business contracts during a transitional period after they otherwise exceed the applicable small business size standards for such contracts.

To establish a pilot program for transitioning small businesses in the construction or engineering industries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Solving the Unnecessary Contracting Cliff for Enterprises to Scale Successfully Act'' or the ``SUCCESS Act''. SEC. 2. PILOT PROGRAM FOR TRANSITIONING SMALL BUSINESSES IN THE CONSTRUCTION OR ENGINEERING INDUSTRIES. The Small Business Act (15 U.S.C. 631 et seq.) is amended by inserting after section 32 the following: ``SEC. 33. PILOT PROGRAM FOR TRANSITIONING SMALL BUSINESSES IN THE CONSTRUCTION OR ENGINEERING INDUSTRIES. ``(a) Definitions.--In this section: ``(1) Eligible concern.--The term `eligible concern' means a concern that has grown to exceed the size standard applicable to the North American Industry Classification System code corresponding to-- ``(A) commercial and institutional building construction; or ``(B) engineering services. ``(2) Participant.--The term `Participant' means an eligible concern that-- ``(A) meets the criteria described in subsection (d); and ``(B) participates in the Program. ``(3) Program.--The term `Program' means the pilot program for transitioning small businesses established under paragraph (b). ``(b) Establishment.--Not later than 1 year after the date of enactment of this section, the Administrator shall promulgate regulations establishing a pilot program to foster the continued success of eligible concerns by permitting those concerns to qualify as small for certain contracts during a transitional period. ``(c) Purpose.--The purpose of the Program is to assist eligible concerns in their transition from small business concerns to other- than-small and thereby increase competition in the unrestricted Federal marketplace. ``(d) Criteria for Participation.-- ``(1) Election.--An eligible concern may make a one-time election, which shall not be changed, to participate, with respect to the primary activity of the eligible concern, under-- ``(A) the North American Industry Classification System Code corresponding to commercial and institutional building construction; or ``(B) the North American Industry Classification System Code corresponding to engineering services. ``(2) Registration.--An eligible concern shall-- ``(A) register as a Participant with the System for Award Management (or any successor system) on the date on which the eligible concern makes the election under paragraph (1) in the registry described in subsection (h); and ``(B) ensure that the registration of the eligible concern is current and accurate. ``(3) Term of the transitional period.-- ``(A) In general.--Except as provided in subparagraph (B), the transitional period, during which an eligible concern may be eligible to participate in the Program, shall-- ``(i) begin on the date which the eligible concern first exceeds the size standard applicable to the North American Industry Classification System code corresponding to the industry elected by the concern pursuant to paragraph (1); and ``(ii) not exceed 7 consecutive years. ``(B) Exception.--An eligible concern first exceeding the size standard described in subparagraph (A)(i) within the 7-year period immediately preceding the effective date of regulations issued under subsection (b) shall be eligible to participate in the Program for the remainder of the 7-year period beginning on the date which the concern first exceeded the size standard. ``(4) Activity targets.--The regulations described in subsection (b) shall establish non-small business set aside business activity targets that-- ``(A) are applicable to Participants during the third year and each succeeding year of Program participation; and ``(B) during the period of time described in subparagraph (A), shall reflect a reasonably consistent increase in sales other than obtained through contracts set aside for small business concerns, expressed as a percentage of total sales. ``(5) Cap on average annual receipts.--Each Participant shall be subject to a cap on average annual receipts that is 5 times the size standard applicable to the North American Industry Classification System code corresponding to the industry elected by the concern, calculated consistent with the method in 121.104 of title 13, Code of Federal Regulations, or any successor regulation. ``(6) Certification.-- ``(A) In general.--Each Participant shall be required to annually certify in the System for Award Management (or any successor system) as to whether or not the Participant has-- ``(i) met the activity target established under paragraph (4) for the preceding year; and ``(ii) complied with the restrictions described in subsection (e). ``(B) Noncompliance.--If a Participant certifies that the Participant has not met the applicable activity targets established under paragraph (4) for 2 consecutive years, or certifies that the Participant has not complied with the restrictions described in subsection (e), the Participant shall no longer be eligible to participate in the Program. ``(7) Participant report.--The regulations issued under subsection (b) shall establish-- ``(A) requirements for annual reporting by Participants to the Administrator during Program participation, to include reporting on compliance with activity targets established under paragraph (4), the number and dollar value of contracts awarded based on eligibility under subsection (f)(1), and information required for the registry under subsection (h); and ``(B) reporting requirements applicable for a period of not less than 5 years after exiting the Program. ``(8) No reinstatement.--Upon the expiration of the transitional period, or once a Participant otherwise becomes ineligible for the Program, the concern shall not be eligible for reinstatement in the Program. ``(e) Restrictions.-- ``(1) Mentor-protege.-- ``(A) In general.--A Participant may not apply to be a protege under a mentor-protege program established under this Act. ``(B) Existing proteges.--A Participant that is already a protege prior to registration under the Program under subsection (d)(2) may, in years 1 and 2 of the transitional period of the Program, continue to submit proposals in a mentor-protege program established under this Act. ``(2) Additional restrictions.--In addition to the restrictions described in paragraph (1), the Administrator may include additional restrictions for Participants consistent with the purposes of this Act. ``(f) Purposes for Which Participants May Qualify as Small.-- Subject to the restrictions in paragraph (e), a Participant may otherwise qualify as small for purposes of the following: ``(1) Contracts that are set aside for small business concerns and assigned a North American Industry Classification System code corresponding to the industry elected by the Participant under subsection (d)(1) and-- ``(A) the Government of the United States expects to be equal to or exceed-- ``(i) for commercial and institutional building construction, $5,000,000; and ``(ii) for engineering services, $1,000,000; and ``(B) any orders under such contracts irrespective of the value of the order. ``(2) Goals established pursuant to section 15(g) for participation by small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. ``(g) Termination.-- ``(1) In general.--The Program shall terminate on the date that is 10 years after the date of enactment of this section. ``(2) Continuation of participation.--Notwithstanding paragraph (1), any Participant in the program as of the date on which the Program terminates under paragraph (1) may continue to participate until the expiration of the term of the Participant under subsection (d)(3). ``(h) Publication of Registry Required.--The Administrator shall establish and maintain in the System for Award Management (or any successor system) a registry of eligible Participants, which registry shall, to the extent practicable-- ``(1) include the name, address, transitional period entry and exit dates, and elected North American Industry Classification System code with respect to each Participant; and ``(2) be updated by the Administrator not less than annually. ``(i) Additional Information To Be Maintained.--The Administrator shall maintain data regarding-- ``(1) the number of Participants in the Program; ``(2) the number of former Participants that have exited the Program; ``(3) the number of former Participants that have successfully transitioned to other-than-small, under such criteria as the Administrator may establish; ``(4) the number of former Participants that have returned to being small under North American Industry Classification System code elected by the Participant under subsection (d)(1); and ``(5) the total dollar value of small business awards made each fiscal year to Participants by each Federal agency. ``(j) GAO Study and Report.-- ``(1) Study.--Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall begin conducting a study to evaluate the implementation of the Program. ``(2) Report.--Not later than 8 years after the date of enactment of this section, the Comptroller General of the United States shall submit to Congress a report on the results of the study required under paragraph (1), which shall include-- ``(A) an assessment of the feasibility and advisability of broadening the Program to include additional industries, as defined under the North American Industry Classification System; ``(B) the effects of the Program, if any, on Participants and on the industrial base; ``(C) any recommendations for improving the Program, including whether the Program should be made permanent; and ``(D) any additional findings and recommendations as the Comptroller General of the United States considers appropriate.''. <all>

SUCCESS Act

To establish a pilot program for transitioning small businesses in the construction or engineering industries, and for other purposes.